HB 0567

CS

CHAMBER ACTION

1	The Commerce 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	revising notice requirements for using private providers;
12	revising procedures for issuing permits; providing
13	requirements for representatives of private providers;
14	providing for waiver of certain inspection records
15	requirements under certain circumstances; requiring
16	issuance of stop-work orders to be pursuant to law;
17	providing for establishment of a registration system for
18	private providers and authorized representatives of
19	private providers for licensure compliance purposes;
20	preserving authority to issue emergency stop-work orders;
21	revising insurance requirements for private providers;
22	providing a definition; authorizing performance audits by
23	local building code enforcement agencies of private
24	providers; specifying conditions for proceeding with
25	building work; amending s. 468.621, F.S.; revising a
26	ground for taking certain disciplinary actions and
27	providing an additional ground; providing an effective
28	date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Paragraph (f) of subsection (1), subsections
33	(2) and (4), paragraph (a) of subsection (6), and subsections
34	(7), (9), (11), (12), (14), (15), and (17) of section 553.791,
35	Florida Statutes, are amended to read:
36	553.791  Alternative plans review and inspection.--
37	(1)  As used in this section, the term:
38	(f)  "Permit application" means a properly completed and
39	submitted application for:
40	1.  the requested building or construction permit,
41	including:.
42	1.2.  The plans reviewed by the private provider.
43	2.3.  The affidavit from the private provider required
44	pursuant to subsection (5).
45	3.4.  Any applicable fees.
46	4.5.  Any documents required by the local building official
47	to determine that the fee owner has secured all other government
48	approvals required by law.
49	(2)  Notwithstanding any other provision of law or local
50	government ordinance or local policy, the fee owner of a
51	building or structure, or the fee owner's contractor upon
52	written authorization from the fee owner, may choose to use a
53	private provider to provide building code inspection services
54	with regard to such building or structure and may make payment
55	directly to the private provider for the provision of such
56	services. All such services shall be the subject of a written
57	contract between the private provider, or the private provider's
58	firm, and the fee owner. The fee owner may elect to use a
59	private provider to provide either plans review or required
60	building inspections, or both. However, if the fee owner or the
61	fee owner's contractor uses a private provider to provide plans
62	review, the local building official, in his or her discretion
63	and pursuant to duly adopted policies of the local enforcement
64	agency, may require the fee owner or the fee owner's contractor
65	who desires to use a private provider to use the private
66	provider to also provide both plans review and required building
67	inspections inspection 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 and $2 million per
240	occurrence and $4 million in the aggregate for any project with
241	a construction cost of over $5 million. Nothing in this section
242	limits the ability of a fee owner to require additional
243	insurance or higher policy limits. For these purposes, the term
244	"construction cost" means the total cost of building
245	construction as stated in the building permit application. If
246	the private provider chooses to secure claims-made coverage to
247	fulfill this requirement, the private provider must also
248	maintain, including tail coverage for a minimum of 5 years
249	subsequent to the performance of building code inspection
250	services. The insurance required under this subsection shall be
251	written only by insurers authorized to do business in this state
252	with a minimum A.M. Best's rating of A. Before providing
253	building code inspection services within a local building
254	official's jurisdiction, a private provider must provide to the
255	local building official a certificate of insurance evidencing
256	that the coverages required under this subsection are in force.
257	(17)  Each local building code enforcement agency may shall
258	develop and maintain a process to audit the performance of
259	building code inspection services by private providers operating
260	within the local jurisdiction. Work on a building or structure
261	may proceed after inspection and approval by a private provider
262	if the provider has given notice of the inspection pursuant to
263	subsection (8) and, subsequent to such inspection and approval,
264	the work may not be delayed for completion of an inspection
265	audit by the local building code enforcement agency.
266	Section 2.  Paragraph (i) of subsection (1) of section
267	468.621, Florida Statutes, is amended, and paragraph (j) is
268	added to said subsection, to read:
269	468.621  Disciplinary proceedings.--
270	(1)  The following acts constitute grounds for which the
271	disciplinary actions in subsection (2) may be taken:
272	(i)  Failing to lawfully execute the duties and
273	responsibilities specified in this part and ss. 553.73, 553.781,
274	and 553.79, and 553.791.
275	(j)  Violating or failing to comply with a valid rule or
276	lawful order of the Florida Building Commission adopted pursuant
277	to part IV of chapter 553.
278	Section 3.  This act shall take effect October 1, 2005.

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