CS/HB 407

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


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