HB 567

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

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