1 | A bill to be entitled |
2 | An act relating to residential building permits; amending |
3 | s. 553.79, F.S.; prohibiting local enforcing agencies and |
4 | building code officials or entities from requiring certain |
5 | inspections of buildings, structures, or real property as |
6 | a condition of issuance of certain residential building |
7 | permits; providing for application; providing for |
8 | conditional repeal; providing an effective date. |
9 |
|
10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
|
12 | Section 1. Subsection (17) is added to section 553.79, |
13 | Florida Statutes, to read: |
14 | 553.79 Permits; applications; issuance; inspections.- |
15 | (17)(a) A local enforcing agency, and any local building |
16 | code administrator, inspector, or other official or entity, may |
17 | not require as a condition of issuance of a one- or two-family |
18 | residential building permit the inspection of any portion of a |
19 | building, structure, or real property that is not directly |
20 | impacted by the construction, erection, alteration, |
21 | modification, repair, or demolition of the building, structure, |
22 | or real property for which the permit is sought. |
23 | (b) This subsection does not apply to a building permit |
24 | sought for: |
25 | 1. A substantial improvement as defined in s. 161.54 or as |
26 | defined in the Florida Building Code. |
27 | 2. A change of occupancy as defined in the Florida |
28 | Building Code. |
29 | 3. A conversion from residential to nonresidential or |
30 | mixed use pursuant to s. 553.507(2)(a) or as defined in the |
31 | Florida Building Code. |
32 | 4. An historic building as defined in the Florida Building |
33 | Code. |
34 | (c) This subsection does not prohibit a local enforcing |
35 | agency, or any local building code administrator, inspector, or |
36 | other official or entity, from: |
37 | 1. Citing any violation inadvertently observed in plain |
38 | view during the ordinary course of an inspection conducted in |
39 | accordance with the prohibition in paragraph (a). |
40 | 2. Inspecting a physically nonadjacent portion of a |
41 | building, structure, or real property that is directly impacted |
42 | by the construction, erection, alteration, modification, repair, |
43 | or demolition of the building, structure, or real property for |
44 | which the permit is sought in accordance with the prohibition in |
45 | paragraph (a). |
46 | 3. Inspecting any portion of a building, structure, or |
47 | real property for which the owner or other person having control |
48 | of the building, structure, or real property has voluntarily |
49 | consented to the inspection of that portion of the building, |
50 | structure, or real property in accordance with the prohibition |
51 | in paragraph (a). |
52 | 4. Inspecting any portion of a building, structure, or |
53 | real property pursuant to an inspection warrant issued in |
54 | accordance with ss. 933.20-933.30. |
55 | (d) This subsection is repealed upon receipt by the |
56 | Secretary of State of the written certification by the chair of |
57 | the Florida Building Commission that the commission has adopted |
58 | an amendment to the Florida Building Code which substantially |
59 | incorporates this subsection, including the prohibition in |
60 | paragraph (a), as part of the code and such amendment has taken |
61 | effect. |
62 | Section 2. This act shall take effect July 1, 2012. |