Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1774
                        Barcode 471450
                            CHAMBER ACTION
              Senate                               House
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       03/21/2006 12:19 PM         .                    
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11  The Committee on Community Affairs (Bennett) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 5 between lines 2 & 3,
16  
17  insert:  
18         Section 5.  Section 553.791, Florida Statutes, is
19  amended to read:
20         553.791  Alternative plans review and inspection.--
21         (1)  As used in this section, the term:
22         (a)  "Applicable codes" means the Florida Building Code
23  and any local technical amendments to the Florida Building
24  Code but does not include the applicable minimum fire
25  prevention and firesafety codes adopted pursuant to chapter
26  633.
27         (b)  "Building" means any construction, erection,
28  alteration, demolition, or improvement of, or addition to, any
29  structure for which permitting by a local enforcement agency
30  is required.
31         (c)  "Building code inspection services" means those
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 services described in s. 468.603(6) and (7) involving the 2 review of building plans to determine compliance with 3 applicable codes and those inspections required by law of each 4 phase of construction for which permitting by a local 5 enforcement agency is required to determine compliance with 6 applicable codes. 7 (d) "Duly authorized representative" means an agent of 8 the private provider identified in the permit application who 9 reviews plans or performs inspections as provided by this 10 section and who is licensed as an engineer under chapter 471 11 or as an architect under chapter 481 or who holds a standard 12 certificate under part XII of chapter 468. 13 (e) "Local building official" means the individual 14 within the governing jurisdiction responsible for direct 15 regulatory administration or supervision of plans review, 16 enforcement, and inspection of any construction, erection, 17 alteration, demolition, or substantial improvement of, or 18 addition to, any structure for which permitting is required to 19 indicate compliance with applicable codes and includes any 20 duly authorized designee of such person. 21 (f) "Permit application" means a properly completed 22 and submitted application for the requested building or 23 construction permit, including: 24 1. The plans reviewed by the private provider. 25 2. The affidavit from the private provider required 26 pursuant to subsection (5). 27 3. Any applicable fees. 28 4. Any documents required by the local building 29 official to determine that the fee owner has secured all other 30 government approvals required by law. 31 (g) "Private provider" means a person licensed as an 2 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 engineer under chapter 471 or as an architect under chapter 2 481. For purposes of performing inspections under this section 3 for additions and alterations that are limited to 1,000 square 4 feet or less to residential buildings, the term "private 5 provider" also includes a person who holds a standard 6 certificate under part XII of chapter 468. 7 (h) "Request for certificate of occupancy or 8 certificate of completion" means a properly completed and 9 executed application for: 10 1. A certificate of occupancy or certificate of 11 completion. 12 2. A certificate of compliance from the private 13 provider required pursuant to subsection (10). 14 3. Any applicable fees. 15 4. 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 plans review or required 29 building inspections, or both. However, if the fee owner or 30 the fee owner's contractor uses a private provider to provide 31 plans review, the local building official, in his or her 3 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 discretion and pursuant to duly adopted policies of the local 2 enforcement agency, may require the fee owner or the fee 3 owner's contractor to use a private provider to also provide 4 required building inspections. 5 (3) A private provider and any duly authorized 6 representative may only perform building code inspection 7 services that are within the disciplines covered by that 8 person's licensure or certification under chapter 468, chapter 9 471, or chapter 481. A private provider may not provide 10 building code inspection services pursuant to this section 11 upon any building designed or constructed by the private 12 provider or the private provider's firm. 13 (4) A fee owner or the fee owner's contractor using a 14 private provider to provide building code inspection services 15 shall notify the local building official at the time of permit 16 application, or no less than 7 business days prior to the 17 first scheduled inspection by the local building official or 18 building code enforcement agency for a private provider 19 performing required inspections of construction under this 20 section, on a form to be adopted by the commission. This 21 notice shall include the following information: 22 (a) The services to be performed by the private 23 provider. 24 (b) The name, firm, address, telephone number, and 25 facsimile number of each private provider who is performing or 26 will perform such services, his or her professional license or 27 certification number, qualification statements or resumes, 28 and, if required by the local building official, a certificate 29 of insurance demonstrating that professional liability 30 insurance coverage is in place for the private provider's 31 firm, the private provider, and any duly authorized 4 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 representative in the amounts required by this section. 2 (c) An acknowledgment from the fee owner in 3 substantially the following form: 4 5 I have elected to use one or more private 6 providers to provide building code plans review 7 and/or inspection services on the building or 8 structure that is the subject of the enclosed 9 permit application, as authorized by s. 10 553.791, Florida Statutes. I understand that 11 the local building official may not review the 12 plans submitted or perform the required 13 building inspections to determine compliance 14 with the applicable codes, except to the extent 15 specified in said law. Instead, plans review 16 and/or required building inspections will be 17 performed by licensed or certified personnel 18 identified in the application. The law requires 19 minimum insurance requirements for such 20 personnel, but I understand that I may require 21 more insurance to protect my interests. By 22 executing this form, I acknowledge that I have 23 made inquiry regarding the competence of the 24 licensed or certified personnel and the level 25 of their insurance and am satisfied that my 26 interests are adequately protected. I agree to 27 indemnify, defend, and hold harmless the local 28 government, the local building official, and 29 their building code enforcement personnel from 30 any and all claims arising from my use of these 31 licensed or certified personnel to perform 5 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 building code inspection services with respect 2 to the building or structure that is the 3 subject of the enclosed permit application. 4 5 If the fee owner or the fee owner's contractor makes any 6 changes to the listed private providers or the services to be 7 provided by those private providers, the fee owner or the fee 8 owner's contractor shall, within 1 business day after any 9 change, update the notice to reflect such changes. In 10 addition, the fee owner or the fee owner's contractor shall 11 post at the project site, prior to the commencement of 12 construction and updated within 1 business day after any 13 change, on a form to be adopted by the commission, the name, 14 firm, address, telephone number, and facsimile number of each 15 private provider who is performing or will perform building 16 code inspection services, the type of service being performed, 17 and similar information for the primary contact of the private 18 provider on the project. 19 (5) Once construction has commenced and the local 20 building official is unable to provide inspection services in 21 a timely manner, the fee owner or the fee owner's contractor 22 may elect to use a private provider to provide inspection 23 services by notifying the local building official of their 24 intention no less than 7 business days prior to the next 25 scheduled inspection using the notice provided for in 26 paragraphs (a)-(c) of subsection (4). 27 28 (6)(5) A private provider performing plans review 29 under this section shall review construction plans to 30 determine compliance with the applicable codes. Upon 31 determining that the plans reviewed comply with the applicable 6 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 codes, the private provider shall prepare an affidavit or 2 affidavits on a form adopted by the commission certifying, 3 under oath, that the following is true and correct to the best 4 of the private provider's knowledge and belief: 5 (a) The plans were reviewed by the affiant, who is 6 duly authorized to perform plans review pursuant to this 7 section and holds the appropriate license or certificate. 8 (b) The plans comply with the applicable codes. 9 (7)(6)(a) No more than 30 business days after receipt 10 of a permit application and the affidavit from the private 11 provider required pursuant to subsection (5), the local 12 building official shall issue the requested permit or provide 13 a written notice to the permit applicant identifying the 14 specific plan features that do not comply with the applicable 15 codes, as well as the specific code chapters and sections. If 16 the local building official does not provide a written notice 17 of the plan deficiencies within the prescribed 30-day period, 18 the permit application shall be deemed approved as a matter of 19 law, and the permit shall be issued by the local building 20 official on the next business day. 21 (b) If the local building official provides a written 22 notice of plan deficiencies to the permit applicant within the 23 prescribed 30-day period, the 30-day period shall be tolled 24 pending resolution of the matter. To resolve the plan 25 deficiencies, the permit applicant may elect to dispute the 26 deficiencies pursuant to subsection (12) or to submit 27 revisions to correct the deficiencies. 28 (c) If the permit applicant submits revisions, the 29 local building official has the remainder of the tolled 30-day 30 period plus 5 business days to issue the requested permit or 31 to provide a second written notice to the permit applicant 7 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 stating which of the previously identified plan features 2 remain in noncompliance with the applicable codes, with 3 specific reference to the relevant code chapters and sections. 4 If the local building official does not provide the second 5 written notice within the prescribed time period, the permit 6 shall be issued by the local building official on the next 7 business day. 8 (d) If the local building official provides a second 9 written notice of plan deficiencies to the permit applicant 10 within the prescribed time period, the permit applicant may 11 elect to dispute the deficiencies pursuant to subsection (12) 12 or to submit additional revisions to correct the deficiencies. 13 For all revisions submitted after the first revision, the 14 local building official has an additional 5 business days to 15 issue the requested permit or to provide a written notice to 16 the permit applicant stating which of the previously 17 identified plan features remain in noncompliance with the 18 applicable codes, with specific reference to the relevant code 19 chapters and sections. 20 (8)(7) A private provider performing required 21 inspections under this section shall inspect each phase of 22 construction as required by the applicable codes. The private 23 provider shall be permitted to send a duly authorized 24 representative to the building site to perform the required 25 inspections, provided all required reports and certifications 26 are prepared by and bear the signature of the private 27 provider. The duly authorized representative must be an 28 employee of the private provider entitled to receive 29 unemployment compensation benefits under chapter 443. The 30 contractor's contractual or legal obligations are not relieved 31 by any action of the private provider. 8 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 (9)(8) A private provider performing required 2 inspections under this section shall provide notice to the 3 local building official of the date and approximate time of 4 any such inspection no later than the prior business day by 2 5 p.m. local time or by any later time permitted by the local 6 building official in that jurisdiction. The local building 7 official may visit the building site as often as necessary to 8 verify that the private provider is performing all required 9 inspections. 10 (10)(9) Upon completing the required inspections at 11 each applicable phase of construction, the private provider 12 shall record such inspections on a form acceptable to the 13 local building official. These inspection records shall 14 reflect those inspections required by the applicable codes of 15 each phase of construction for which permitting by a local 16 enforcement agency is required. The private provider, before 17 leaving the project site, shall post each completed inspection 18 record, indicating pass or fail, at the site and provide the 19 record to the local building official within 2 business days. 20 The local building official may waive the requirement to 21 provide a record of each inspection within 2 business days if 22 the record is posted at the project site and all such 23 inspection records are submitted with the certificate of 24 compliance. Records of all required and completed inspections 25 shall be maintained at the building site at all times and made 26 available for review by the local building official. The 27 private provider shall report to the local enforcement agency 28 any condition that poses an immediate threat to public safety 29 and welfare. 30 (11)(10) Upon completion of all required inspections, 31 the private provider shall prepare a certificate of 9 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 compliance, on a form acceptable to the local building 2 official, summarizing the inspections performed and including 3 a written representation, under oath, that the stated 4 inspections have been performed and that, to the best of the 5 private provider's knowledge and belief, the building 6 construction inspected complies with the approved plans and 7 applicable codes. The statement required of the private 8 provider shall be substantially in the following form: 9 10 To the best of my knowledge and belief, the 11 building components and site improvements 12 outlined herein and inspected under my 13 authority have been completed in conformance 14 with the approved plans and the applicable 15 codes. 16 17 (12) (11) No more than 2 business days after receipt 18 of a request for a certificate of occupancy or certificate of 19 completion and the applicant's presentation of a certificate 20 of compliance and approval of all other government approvals 21 required by law, the local building official shall issue the 22 certificate of occupancy or certificate of completion or 23 provide a notice to the applicant identifying the specific 24 deficiencies, as well as the specific code chapters and 25 sections. If the local building official does not provide 26 notice of the deficiencies within the prescribed 2-day period, 27 the request for a certificate of occupancy or certificate of 28 completion shall be deemed granted and the certificate of 29 occupancy or certificate of completion shall be issued by the 30 local building official on the next business day. To resolve 31 any identified deficiencies, the applicant may elect to 10 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 dispute the deficiencies pursuant to subsection (12) or to 2 submit a corrected request for a certificate of occupancy or 3 certificate of completion. 4 (13)(12) If the local building official determines 5 that the building construction or plans do not comply with the 6 applicable codes, the official may deny the permit or request 7 for a certificate of occupancy or certificate of completion, 8 as appropriate, or may issue a stop-work order for the project 9 or any portion thereof as provided by law, if the official 10 determines that such noncompliance poses a threat to public 11 safety and welfare, subject to the following: 12 (a) The local building official shall be available to 13 meet with the private provider within 2 business days to 14 resolve any dispute after issuing a stop-work order or 15 providing notice to the applicant denying a permit or request 16 for a certificate of occupancy or certificate of completion. 17 (b) If the local building official and private 18 provider are unable to resolve the dispute, the matter shall 19 be referred to the local enforcement agency's board of 20 appeals, if one exists, which shall consider the matter at its 21 next scheduled meeting or sooner. Any decisions by the local 22 enforcement agency's board of appeals, or local building 23 official if there is no board of appeals, may be appealed to 24 the commission as provided by this chapter. 25 (c) Notwithstanding any provision of this section, any 26 decisions regarding the issuance of a building permit, 27 certificate of occupancy, or certificate of completion may be 28 reviewed by the local enforcement agency's board of appeals, 29 if one exists. Any decision by the local enforcement agency's 30 board of appeals, or local building official if there is no 31 board of appeals, may be appealed to the commission as 11 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 provided by this chapter, which shall consider the matter at 2 the commission's next scheduled meeting. 3 (14)(13) For the purposes of this section, any notice 4 to be provided by the local building official shall be deemed 5 to be provided to the person or entity when successfully 6 transmitted to the facsimile number listed for that person or 7 entity in the permit application or revised permit 8 application, or, if no facsimile number is stated, when 9 actually received by that person or entity. 10 (15)(14)(a) No local enforcement agency, local 11 building official, or local government may adopt or enforce 12 any laws, rules, procedures, policies, qualifications, or 13 standards more stringent than those prescribed by this 14 section. 15 (b) A local enforcement agency, local building 16 official, or local government may establish, for private 17 providers and duly authorized representatives working within 18 that jurisdiction, a system of registration to verify 19 compliance with the licensure requirements of paragraph (1)(g) 20 and the insurance requirements of subsection (15). 21 (c) Nothing in this section limits the authority of 22 the local building official to issue a stop-work order for a 23 building project or any portion of such order, as provided by 24 law, if the official determines that a condition on the 25 building site constitutes an immediate threat to public safety 26 and welfare. 27 (16)(15) A private provider may perform building code 28 inspection services on a building project under this section 29 only if the private provider maintains insurance for 30 professional liability covering all services performed as a 31 private provider. Such insurance shall have minimum policy 12 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 limits of $1 million per occurrence and $2 million in the 2 aggregate for any project with a construction cost of $5 3 million or less and $2 million per occurrence and $4 million 4 in the aggregate for any project with a construction cost of 5 over $5 million. Nothing in this section limits the ability of 6 a fee owner to require additional insurance or higher policy 7 limits. For these purposes, the term "construction cost" means 8 the total cost of building construction as stated in the 9 building permit application. If the private provider chooses 10 to secure claims-made coverage to fulfill this requirement, 11 the private provider must also maintain coverage for a minimum 12 of 5 years subsequent to the performance of building code 13 inspection services. The insurance required under this 14 subsection shall be written only by insurers authorized to do 15 business in this state with a minimum A.M. Best's rating of A. 16 Before providing building code inspection services within a 17 local building official's jurisdiction, a private provider 18 must provide to the local building official a certificate of 19 insurance evidencing that the coverages required under this 20 subsection are in force. 21 (17)(16) When performing building code inspection 22 services, a private provider is subject to the disciplinary 23 guidelines of the applicable professional board with 24 jurisdiction over his or her license or certification under 25 chapter 468, chapter 471, or chapter 481. All private 26 providers shall be subject to the disciplinary guidelines of 27 s. 468.621(1)(c)-(h). Any complaint processing, 28 investigation, and discipline that arise out of a private 29 provider's performance of building code inspection services 30 shall be conducted by the applicable professional board. 31 (18)(17) Each local building code enforcement agency 13 8:17 AM 03/20/06 s1774.ca21.001
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1774 Barcode 471450 1 may audit the performance of building code inspection services 2 by private providers operating within the local jurisdiction. 3 Work on a building or structure may proceed after inspection 4 and approval by a private provider if the provider has given 5 notice of the inspection pursuant to subsection (8) and, 6 subsequent to such inspection and approval, the work may not 7 be delayed for completion of an inspection audit by the local 8 building code enforcement agency. 9 (19)(18) The local government, the local building 10 official, and their building code enforcement personnel shall 11 be immune from liability to any person or party for any action 12 or inaction by a fee owner of a building, or by a private 13 provider or its duly authorized representative, in connection 14 with building code inspection services as authorized in this 15 act. 16 17 (Redesignate subsequent sections.) 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 1, line 18, after the semicolon 23 24 insert: 25 amending s. 553.791, F.S.; providing for the 26 use of private providers of building code 27 inspection services following commencement of 28 construction; 29 30 31 14 8:17 AM 03/20/06 s1774.ca21.001