HB 0567

1	A bill to be entitled
2	An act relating to alternative plans review and
3	inspection; amending s. 553.791, F.S.; clarifying a
4	definition; expanding authorization to use private
5	providers to provide building code inspection services;
6	including fee owner contractors within such authorization;
7	revising notice requirements for using private providers;
8	revising procedures for issuing permits; providing
9	requirements for representatives of private providers;
10	providing for waiver of certain inspection records
11	requirements under certain circumstances; requiring
12	issuance of stop-work orders to be pursuant to law;
13	providing for establishment of a registration system for
14	private providers and authorized representatives of
15	private providers for licensure compliance purposes;
16	preserving authority to issue emergency stop-work orders;
17	revising insurance requirements for private providers;
18	specifying conditions for proceeding with building work;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (f) of subsection (1), subsections
24	(2) and (4), paragraph (a) of subsection (6), and subsections
25	(7), (9), (11), (12), (14), (15), and (17) of section 553.791,
26	Florida Statutes, are amended to read:
27	553.791  Alternative plans review and inspection.--
28	(1)  As used in this section, the term:
29	(f)  "Permit application" means a properly completed and
30	submitted application for:
31	1.  the requested building or construction permit,
32	including:.
33	1.2.  The plans reviewed by the private provider.
34	2.3.  The affidavit from the private provider required
35	pursuant to subsection (5).
36	3.4.  Any applicable fees.
37	4.5.  Any documents required by the local building official
38	to determine that the fee owner has secured all other government
39	approvals required by law.
40	(2)  Notwithstanding any other provision of law or local
41	government ordinance or local policy, the fee owner of a
42	building, or the fee owner's contractor upon written
43	authorization from the fee owner, may choose to use a private
44	provider to provide building code inspection services with
45	regard to such building and may make payment directly to the
46	private provider for the provision of such services. All such
47	services shall be the subject of a written contract between the
48	private provider, or the private provider's firm, and the fee
49	owner. The fee owner may elect to use a private provider to
50	provide either plans review or required building inspections, or
51	both. The local building official, in his or her discretion and
52	pursuant to duly adopted policies of the local enforcement
53	agency, may require the fee owner who desires to use a private
54	provider to use the private provider to provide both plans
55	review and required building inspection services.
56	(4)  A fee owner or the fee owner's contractor using a
57	private provider to provide building code inspection services
58	shall notify the local building official at the time of permit
59	application, or no less than 7 business days prior to the first
60	scheduled inspection by the local building official or building
61	code enforcement agency for a private provider performing
62	required inspections of construction under this section, on a
63	form to be adopted by the commission. This notice shall include
64	the following information:
65	(a)  The services to be performed by the private provider.
66	(b)  The name, firm, address, telephone number, and
67	facsimile number of each private provider who is performing or
68	will perform such services, his or her professional license or
69	certification number, qualification statements or resumes, and,
70	if required by the local building official, a certificate of
71	insurance demonstrating that professional liability insurance
72	coverage is in place for the private provider's firm, the
73	private provider, and any duly authorized representative in the
74	amounts required by this section.
75	(c)  An acknowledgment from the fee owner in substantially
76	the following form:
77
78	I have elected to use one or more private providers to provide
79	building code plans review and/or inspection services on the
80	building that is the subject of the enclosed permit application,
81	as authorized by s. 553.791, Florida Statutes. I understand that
82	the local building official may not review the plans submitted
83	or perform the required building inspections to determine
84	compliance with the applicable codes, except to the extent
85	specified in said law. Instead, plans review and/or required
86	building inspections will be performed by licensed or certified
87	personnel identified in the application. The law requires
88	minimum insurance requirements for such personnel, but I
89	understand that I may require more insurance to protect my
90	interests. By executing this form, I acknowledge that I have
91	made inquiry regarding the competence of the licensed or
92	certified personnel and the level of their insurance and am
93	satisfied that my interests are adequately protected. I agree to
94	indemnify, defend, and hold harmless the local government, the
95	local building official, and their building code enforcement
96	personnel from any and all claims arising from my use of these
97	licensed or certified personnel to perform building code
98	inspection services with respect to the building that is the
99	subject of the enclosed permit application.
100
101	If the fee owner or the fee owner's contractor makes any changes
102	to the listed private providers or the services to be provided
103	by those private providers, the fee owner or the fee owner's
104	contractor shall, within 1 business day after any change, update
105	the notice to reflect such changes. In addition, the fee owner
106	or the fee owner's contractor shall post at the project site,
107	prior to the commencement of construction and updated within 1
108	business day after any change, on a form to be adopted by the
109	commission, the name, firm, address, telephone number, and
110	facsimile number of each private provider who is performing or
111	will perform building code inspection services, the type of
112	service being performed, and similar information for the primary
113	contact of the private provider on the project.
114	(6)(a)  No more than Within 30 business days after receipt
115	of a permit application and the affidavit from the private
116	provider required pursuant to subsection (5), the local building
117	official shall issue the requested permit or provide a written
118	notice to the permit applicant identifying the specific plan
119	features that do not comply with the applicable codes, as well
120	as the specific code chapters and sections. If the local
121	building official does not provide a written notice of the plan
122	deficiencies within the prescribed 30-day period, the permit
123	application shall be deemed approved as a matter of law, and the
124	permit shall be issued by the local building official on the
125	next business day.
126	(7)  A private provider performing required inspections
127	under this section shall inspect each phase of construction as
128	required by the applicable codes. The private provider shall be
129	permitted to send a duly authorized representative to the
130	building site to perform the required inspections, provided all
131	required reports and certifications are prepared by and bear the
132	signature of the private provider. The duly authorized
133	representative must be an employee of the private provider
134	entitled to receive unemployment compensation benefits under
135	chapter 443. The contractor's contractual or legal obligations
136	are not relieved by any action of the private provider.
137	(9)  Upon completing the required inspections at each
138	applicable phase of construction, the private provider shall
139	record such inspections on a form acceptable to the local
140	building official. These inspection records shall reflect those
141	inspections required by the applicable codes of each phase of
142	construction for which permitting by a local enforcement agency
143	is required. The private provider, before leaving the project
144	site, shall post each completed inspection record, indicating
145	pass or fail, at the site and provide the record to the local
146	building official within 2 business days. The local building
147	official may waive the requirement to provide a record of each
148	inspection within 2 business days if the record is posted at the
149	project site and all such inspection records are submitted with
150	the certificate of compliance. Records of all required and
151	completed inspections shall be maintained at the building site
152	at all times and made available for review by the local building
153	official. The private provider shall report to the local
154	enforcement agency any condition that poses an immediate threat
155	to public safety and welfare.
156	(11)  No more than Within 2 business days after receipt of
157	a request for a certificate of occupancy or certificate of
158	completion and the applicant's presentation of a certificate of
159	compliance and approval of all other government approvals
160	required by law, the local building official shall issue the
161	certificate of occupancy or certificate of completion or provide
162	a notice to the applicant identifying the specific deficiencies,
163	as well as the specific code chapters and sections. If the local
164	building official does not provide notice of the deficiencies
165	within the prescribed 2-day period, the request for a
166	certificate of occupancy or certificate of completion shall be
167	deemed granted and the certificate of occupancy or certificate
168	of completion shall be issued by the local building official on
169	the next business day. To resolve any identified deficiencies,
170	the applicant may elect to dispute the deficiencies pursuant to
171	subsection (12) or to submit a corrected request for a
172	certificate of occupancy or certificate of completion.
173	(12)  If the local building official determines that the
174	building construction or plans do not comply with the applicable
175	codes, the official may deny the permit or request for a
176	certificate of occupancy or certificate of completion, as
177	appropriate, or may issue a stop-work order for the project or
178	any portion thereof as provided by law, if the official
179	determines that such noncompliance poses a threat to public
180	safety and welfare, subject to the following:
181	(a)  The local building official shall be available to meet
182	with the private provider within 2 business days to resolve any
183	dispute after issuing a stop-work order or providing notice to
184	the applicant denying a permit or request for a certificate of
185	occupancy or certificate of completion.
186	(b)  If the local building official and private provider
187	are unable to resolve the dispute, the matter shall be referred
188	to the local enforcement agency's board of appeals, if one
189	exists, which shall consider the matter at its next scheduled
190	meeting or sooner. Any decisions by the local enforcement
191	agency's board of appeals, or local building official if there
192	is no board of appeals, may be appealed to the commission as
193	provided by this chapter pursuant to s. 553.77(1)(h).
194	(c)  Notwithstanding any provision of this section, any
195	decisions regarding the issuance of a building permit,
196	certificate of occupancy, or certificate of completion may be
197	reviewed by the local enforcement agency's board of appeals, if
198	one exists. Any decision by the local enforcement agency's board
199	of appeals, or local building official if there is no board of
200	appeals, may be appealed to the commission as provided by this
201	chapter pursuant to s. 553.77(1)(h), which shall consider the
202	matter at the commission's next scheduled meeting.
203	(14)(a)  No local enforcement agency, local building
204	official, or local government may adopt or enforce any laws,
205	rules, procedures, policies, qualifications, or standards more
206	stringent than those prescribed by this section.
207	(b)  A local enforcement agency, local building official,
208	or local government may establish, for private providers and
209	duly authorized representatives working within that
210	jurisdiction, a system of registration to verify compliance with
211	the licensure requirements of paragraph (1)(g) and the insurance
212	requirements of subsection (15).
213	(c)  Nothing in this section limits the authority of the
214	local building official to issue a stop-work order for a
215	building project or any portion of such order, as provided by
216	law, if the official determines that a condition on the building
217	site constitutes an immediate threat to public safety and
218	welfare.
219	(15)  A private provider may perform building code
220	inspection services under this section only if the private
221	provider maintains insurance for professional and comprehensive
222	general liability with minimum policy limits of $1 million per
223	occurrence covering relating to all services performed as a
224	private provider. If the private provider chooses to secure
225	claims-made coverage to fulfill this requirement, the private
226	provider must also maintain, including tail coverage for a
227	minimum of 5 years subsequent to the performance of building
228	code inspection services. Occurrence-based coverage may not be
229	subject to any tail coverage requirement. Before providing
230	building code inspection services within a local building
231	official's jurisdiction, a private provider must provide to the
232	local building official a certificate of insurance evidencing
233	that the coverages required under this subsection are in force.
234	(17)  Each local building code enforcement agency shall
235	develop and maintain a process to audit the performance of
236	building code inspection services by private providers operating
237	within the local jurisdiction. Work on a building may proceed
238	after inspection and approval by a private provider if the
239	provider has given notice of the inspection pursuant to
240	subsection (8) and, subsequent to such inspection and approval,
241	the work may not be delayed for completion of an inspection
242	audit by the local building code enforcement agency.
243	Section 2.  This act shall take effect October 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.