HB 0567

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to alternative plans review and
7	inspection; amending s. 553.791, F.S.; clarifying a
8	definition; expanding authorization to use private
9	providers to provide building code inspection services;
10	including fee owner contractors within such authorization;
11	deleting a provision authorizing a local building official
12	to require a fee owner to use a private provider for
13	certain purposes under certain circumstances; revising
14	notice requirements for using private providers; revising
15	procedures for issuing permits; providing requirements for
16	representatives of private providers; providing for waiver
17	of certain inspection records requirements under certain
18	circumstances; requiring issuance of stop-work orders to
19	be pursuant to law; providing for establishment of a
20	registration system for private providers and authorized
21	representatives of private providers for licensure
22	compliance purposes; preserving authority to issue
23	emergency stop-work orders; revising insurance
24	requirements for private providers; providing a
25	definition; authorizing performance audits by local
26	building code enforcement agencies of private providers;
27	specifying conditions for proceeding with building work;
28	amending s. 468.621, F.S.; revising a ground for taking
29	certain disciplinary actions and providing an additional
30	ground; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (f) of subsection (1), subsections
35	(2) and (4), paragraph (a) of subsection (6), and subsections
36	(7), (9), (11), (12), (14), (15), and (17) of section 553.791,
37	Florida Statutes, are amended to read:
38	553.791  Alternative plans review and inspection.--
39	(1)  As used in this section, the term:
40	(f)  "Permit application" means a properly completed and
41	submitted application for:
42	1.  the requested building or construction permit,
43	including:.
44	1.2.  The plans reviewed by the private provider.
45	2.3.  The affidavit from the private provider required
46	pursuant to subsection (5).
47	3.4.  Any applicable fees.
48	4.5.  Any documents required by the local building official
49	to determine that the fee owner has secured all other government
50	approvals required by law.
51	(2)  Notwithstanding any other provision of law or local
52	government ordinance or local policy, the fee owner of a
53	building or structure, or the fee owner's contractor upon
54	written authorization from the fee owner, may choose to use a
55	private provider to provide building code inspection services
56	with regard to such building or structure and may make payment
57	directly to the private provider for the provision of such
58	services. All such services shall be the subject of a written
59	contract between the private provider, or the private provider's
60	firm, and the fee owner. The fee owner may elect to use a
61	private provider to provide either plans review or required
62	building inspections, or both. The local building official, in
63	his or her discretion and pursuant to duly adopted policies of
64	the local enforcement agency, may require the fee owner who
65	desires to use a private provider to use the private provider to
66	provide both plans review and required building inspection
67	services.
68	(4)  A fee owner or the fee owner's contractor using a
69	private provider to provide building code inspection services
70	shall notify the local building official at the time of permit
71	application, or no less than 7 business days prior to the first
72	scheduled inspection by the local building official or building
73	code enforcement agency for a private provider performing
74	required inspections of construction under this section, on a
75	form to be adopted by the commission. This notice shall include
76	the following information:
77	(a)  The services to be performed by the private provider.
78	(b)  The name, firm, address, telephone number, and
79	facsimile number of each private provider who is performing or
80	will perform such services, his or her professional license or
81	certification number, qualification statements or resumes, and,
82	if required by the local building official, a certificate of
83	insurance demonstrating that professional liability insurance
84	coverage is in place for the private provider's firm, the
85	private provider, and any duly authorized representative in the
86	amounts required by this section.
87	(c)  An acknowledgment from the fee owner in substantially
88	the following form:
89
90	I have elected to use one or more private providers to provide
91	building code plans review and/or inspection services on the
92	building or structure that is the subject of the enclosed permit
93	application, as authorized by s. 553.791, Florida Statutes. I
94	understand that the local building official may not review the
95	plans submitted or perform the required building inspections to
96	determine compliance with the applicable codes, except to the
97	extent specified in said law. Instead, plans review and/or
98	required building inspections will be performed by licensed or
99	certified personnel identified in the application. The law
100	requires minimum insurance requirements for such personnel, but
101	I understand that I may require more insurance to protect my
102	interests. By executing this form, I acknowledge that I have
103	made inquiry regarding the competence of the licensed or
104	certified personnel and the level of their insurance and am
105	satisfied that my interests are adequately protected. I agree to
106	indemnify, defend, and hold harmless the local government, the
107	local building official, and their building code enforcement
108	personnel from any and all claims arising from my use of these
109	licensed or certified personnel to perform building code
110	inspection services with respect to the building or structure
111	that is the subject of the enclosed permit application.
112
113	If the fee owner or the fee owner's contractor makes any changes
114	to the listed private providers or the services to be provided
115	by those private providers, the fee owner or the fee owner's
116	contractor shall, within 1 business day after any change, update
117	the notice to reflect such changes. In addition, the fee owner
118	or the fee owner's contractor shall post at the project site,
119	prior to the commencement of construction and updated within 1
120	business day after any change, on a form to be adopted by the
121	commission, the name, firm, address, telephone number, and
122	facsimile number of each private provider who is performing or
123	will perform building code inspection services, the type of
124	service being performed, and similar information for the primary
125	contact of the private provider on the project.
126	(6)(a)  No more than Within 30 business days after receipt
127	of a permit application and the affidavit from the private
128	provider required pursuant to subsection (5), the local building
129	official shall issue the requested permit or provide a written
130	notice to the permit applicant identifying the specific plan
131	features that do not comply with the applicable codes, as well
132	as the specific code chapters and sections. If the local
133	building official does not provide a written notice of the plan
134	deficiencies within the prescribed 30-day period, the permit
135	application shall be deemed approved as a matter of law, and the
136	permit shall be issued by the local building official on the
137	next business day.
138	(7)  A private provider performing required inspections
139	under this section shall inspect each phase of construction as
140	required by the applicable codes. The private provider shall be
141	permitted to send a duly authorized representative to the
142	building site to perform the required inspections, provided all
143	required reports and certifications are prepared by and bear the
144	signature of the private provider. The duly authorized
145	representative must be an employee of the private provider
146	entitled to receive unemployment compensation benefits under
147	chapter 443. The contractor's contractual or legal obligations
148	are not relieved by any action of the private provider.
149	(9)  Upon completing the required inspections at each
150	applicable phase of construction, the private provider shall
151	record such inspections on a form acceptable to the local
152	building official. These inspection records shall reflect those
153	inspections required by the applicable codes of each phase of
154	construction for which permitting by a local enforcement agency
155	is required. The private provider, before leaving the project
156	site, shall post each completed inspection record, indicating
157	pass or fail, at the site and provide the record to the local
158	building official within 2 business days. The local building
159	official may waive the requirement to provide a record of each
160	inspection within 2 business days if the record is posted at the
161	project site and all such inspection records are submitted with
162	the certificate of compliance. Records of all required and
163	completed inspections shall be maintained at the building site
164	at all times and made available for review by the local building
165	official. The private provider shall report to the local
166	enforcement agency any condition that poses an immediate threat
167	to public safety and welfare.
168	(11)  No more than Within 2 business days after receipt of
169	a request for a certificate of occupancy or certificate of
170	completion and the applicant's presentation of a certificate of
171	compliance and approval of all other government approvals
172	required by law, the local building official shall issue the
173	certificate of occupancy or certificate of completion or provide
174	a notice to the applicant identifying the specific deficiencies,
175	as well as the specific code chapters and sections. If the local
176	building official does not provide notice of the deficiencies
177	within the prescribed 2-day period, the request for a
178	certificate of occupancy or certificate of completion shall be
179	deemed granted and the certificate of occupancy or certificate
180	of completion shall be issued by the local building official on
181	the next business day. To resolve any identified deficiencies,
182	the applicant may elect to dispute the deficiencies pursuant to
183	subsection (12) or to submit a corrected request for a
184	certificate of occupancy or certificate of completion.
185	(12)  If the local building official determines that the
186	building construction or plans do not comply with the applicable
187	codes, the official may deny the permit or request for a
188	certificate of occupancy or certificate of completion, as
189	appropriate, or may issue a stop-work order for the project or
190	any portion thereof as provided by law, if the official
191	determines that such noncompliance poses a threat to public
192	safety and welfare, subject to the following:
193	(a)  The local building official shall be available to meet
194	with the private provider within 2 business days to resolve any
195	dispute after issuing a stop-work order or providing notice to
196	the applicant denying a permit or request for a certificate of
197	occupancy or certificate of completion.
198	(b)  If the local building official and private provider
199	are unable to resolve the dispute, the matter shall be referred
200	to the local enforcement agency's board of appeals, if one
201	exists, which shall consider the matter at its next scheduled
202	meeting or sooner. Any decisions by the local enforcement
203	agency's board of appeals, or local building official if there
204	is no board of appeals, may be appealed to the commission as
205	provided by this chapter pursuant to s. 553.77(1)(h).
206	(c)  Notwithstanding any provision of this section, any
207	decisions regarding the issuance of a building permit,
208	certificate of occupancy, or certificate of completion may be
209	reviewed by the local enforcement agency's board of appeals, if
210	one exists. Any decision by the local enforcement agency's board
211	of appeals, or local building official if there is no board of
212	appeals, may be appealed to the commission as provided by this
213	chapter pursuant to s. 553.77(1)(h), which shall consider the
214	matter at the commission's next scheduled meeting.
215	(14)(a)  No local enforcement agency, local building
216	official, or local government may adopt or enforce any laws,
217	rules, procedures, policies, qualifications, or standards more
218	stringent than those prescribed by this section.
219	(b)  A local enforcement agency, local building official,
220	or local government may establish, for private providers and
221	duly authorized representatives working within that
222	jurisdiction, a system of registration to verify compliance with
223	the licensure requirements of paragraph (1)(g) and the insurance
224	requirements of subsection (15).
225	(c)  Nothing in this section limits the authority of the
226	local building official to issue a stop-work order for a
227	building project or any portion of such order, as provided by
228	law, if the official determines that a condition on the building
229	site constitutes an immediate threat to public safety and
230	welfare.
231	(15)  A private provider may perform building code
232	inspection services on a building project under this section
233	only if the private provider maintains insurance for
234	professional and comprehensive general liability covering with
235	minimum policy limits of $1 million per occurrence relating to
236	all services performed as a private provider. Such insurance
237	shall have minimum policy limits of $1 million per occurrence
238	and $2 million in the aggregate for any project with a
239	construction cost of $5 million or less, $2 million per
240	occurrence and $4 million in the aggregate for any project with
241	a construction cost of over $5 million but less than $50
242	million, and $5 million per occurrence and $5 million in the
243	aggregate for any project with a construction cost of $50
244	million or more. For these purposes, the term "construction
245	cost" means the total cost of building construction as stated in
246	the building permit application. If the private provider chooses
247	to secure claims-made coverage to fulfill this requirement, the
248	private provider must also maintain, including tail coverage for
249	a minimum of 5 years subsequent to the performance of building
250	code inspection services. The insurance required under this
251	subsection shall be written only by insurers authorized to do
252	business in this state with a minimum A.M. Best's rating of A.
253	Before providing building code inspection services within a
254	local building official's jurisdiction, a private provider must
255	provide to the local building official a certificate of
256	insurance evidencing that the coverages required under this
257	subsection are in force.
258	(17)  Each local building code enforcement agency may shall
259	develop and maintain a process to audit the performance of
260	building code inspection services by private providers operating
261	within the local jurisdiction. Work on a building or structure
262	may proceed after inspection and approval by a private provider
263	if the provider has given notice of the inspection pursuant to
264	subsection (8) and, subsequent to such inspection and approval,
265	the work may not be delayed for completion of an inspection
266	audit by the local building code enforcement agency.
267	Section 2.  Paragraph (i) of subsection (1) of section
268	468.621, Florida Statutes, is amended, and paragraph (j) is
269	added to said subsection, to read:
270	468.621  Disciplinary proceedings.--
271	(1)  The following acts constitute grounds for which the
272	disciplinary actions in subsection (2) may be taken:
273	(i)  Failing to lawfully execute the duties and
274	responsibilities specified in this part and ss. 553.73, 553.781,
275	and 553.79, and 553.791.
276	(j)  Imposing construction requirements that vary from
277	those established in the Florida Building Code, lawful
278	amendments to the Florida Building Code, or binding
279	interpretations of the Florida Building Code.
280	Section 3.  This act shall take effect October 1, 2005.

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