Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 704
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                
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       The Committee on Community Affairs (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 304 and 305
    4  insert:
    5         Section 3. Section 468.609, Florida Statutes, is amended to
    6  read:
    7         468.609 Administration of this part; standards for
    8  certification; additional categories of certification.—
    9         (1) Except as provided in this part, any person who desires
   10  to be certified shall apply to the board, in writing upon forms
   11  approved and furnished by the board, to take the certification
   12  examination.
   13         (2) A person may take the examination for certification as
   14  a building code inspector or plans examiner pursuant to this
   15  part if the person:
   16         (a) Is at least 18 years of age.
   17         (b) Is of good moral character.
   18         (c) Meets eligibility requirements according to one of the
   19  following criteria:
   20         1. Demonstrates 5 years’ combined experience in the field
   21  of construction or a related field, building code inspection, or
   22  plans review corresponding to the certification category sought;
   23         2. Demonstrates a combination of postsecondary education in
   24  the field of construction or a related field and experience
   25  which totals 4 years, with at least 1 year of such total being
   26  experience in construction, building code inspection, or plans
   27  review;
   28         3. Demonstrates a combination of technical education in the
   29  field of construction or a related field and experience which
   30  totals 4 years, with at least 1 year of such total being
   31  experience in construction, building code inspection, or plans
   32  review;
   33         4. Currently holds a standard certificate as issued by the
   34  board, or a fire safety inspector license issued pursuant to
   35  chapter 633, has a minimum of 5 years’ verifiable full-time
   36  experience in inspection or plan review, and satisfactorily
   37  completes a building code inspector or plans examiner training
   38  program of not less than 200 hours in the certification category
   39  sought. The board shall establish by rule criteria for the
   40  development and implementation of the training programs; or
   41         5. Demonstrates a combination of the completion of an
   42  approved training program in the field of building code
   43  inspection or plan review and a minimum of 2 years’ experience
   44  in the field of building code inspection, plan review, fire code
   45  inspections and fire plans review of new buildings as a
   46  firesafety inspector certified under s. 633.216, or
   47  construction. The approved training portion of this requirement
   48  shall include proof of satisfactory completion of a training
   49  program of not less than 300 hours which is approved by the
   50  board in the chosen category of building code inspection or plan
   51  review in the certification category sought with not less than
   52  20 hours of instruction in state laws, rules, and ethics
   53  relating to professional standards of practice, duties, and
   54  responsibilities of a certificateholder. The board shall
   55  coordinate with the Building Officials Association of Florida,
   56  Inc., to establish by rule the development and implementation of
   57  the training program.
   58         (3) Notwithstanding any law to the contrary, a local
   59  jurisdiction may allow an individual who possesses a residential
   60  certification issued by the International Code Council to be a
   61  residential building code inspector or plans examiner within
   62  said jurisdiction.
   63         (4)(3) A person may take the examination for certification
   64  as a building code administrator pursuant to this part if the
   65  person:
   66         (a) Is at least 18 years of age.
   67         (b) Is of good moral character.
   68         (c) Meets eligibility requirements according to one of the
   69  following criteria:
   70         1. Demonstrates 10 years’ combined experience as an
   71  architect, engineer, plans examiner, building code inspector,
   72  registered or certified contractor, or construction
   73  superintendent, with at least 5 years of such experience in
   74  supervisory positions; or
   75         2. Demonstrates a combination of postsecondary education in
   76  the field of construction or related field, no more than 5 years
   77  of which may be applied, and experience as an architect,
   78  engineer, plans examiner, building code inspector, registered or
   79  certified contractor, or construction superintendent which
   80  totals 10 years, with at least 5 years of such total being
   81  experience in supervisory positions.
   82         (5)(4) No person may engage in the duties of a building
   83  code administrator, plans examiner, or building code inspector
   84  pursuant to this part after October 1, 1993, unless such person
   85  possesses one of the following types of certificates, currently
   86  valid, issued by the board attesting to the person’s
   87  qualifications to hold such position:
   88         (a) A standard certificate.
   89         (b) A limited certificate.
   90         (c) A provisional certificate.
   91         (d) A residential certificate pursuant to subsection (3).
   92         (6)(5)(a) To obtain a standard certificate, an individual
   93  must pass an examination approved by the board which
   94  demonstrates that the applicant has fundamental knowledge of the
   95  state laws and codes relating to the construction of buildings
   96  for which the applicant has building code administration, plans
   97  examination, or building code inspection responsibilities. It is
   98  the intent of the Legislature that the examination approved for
   99  certification pursuant to this part be substantially equivalent
  100  to the examinations administered by the International Code
  101  Council.
  102         (b) A standard certificate shall be issued to each
  103  applicant who successfully completes the examination, which
  104  certificate authorizes the individual named thereon to practice
  105  throughout the state as a building code administrator, plans
  106  examiner, or building code inspector within such class and level
  107  as is specified by the board.
  108         (c) The board may accept proof that the applicant has
  109  passed an examination which is substantially equivalent to the
  110  board-approved examination set forth in this section.
  111         (7)(6)(a) A building code administrator, plans examiner, or
  112  building code inspector holding office on July 1, 1993, shall
  113  not be required to possess a standard certificate as a condition
  114  of tenure or continued employment, but shall be required to
  115  obtain a limited certificate as described in this subsection.
  116         (b) By October 1, 1993, individuals who were employed on
  117  July 1, 1993, as building code administrators, plans examiners,
  118  or building code inspectors, who are not eligible for a standard
  119  certificate, but who wish to continue in such employment, shall
  120  submit to the board the appropriate application and
  121  certification fees and shall receive a limited certificate
  122  qualifying them to engage in building code administration, plans
  123  examination, or building code inspection in the class, at the
  124  performance level, and within the governmental jurisdiction in
  125  which such person is employed.
  126         (c) The limited certificate shall be valid only as an
  127  authorization for the building code administrator, plans
  128  examiner, or building code inspector to continue in the position
  129  held, and to continue performing all functions assigned to that
  130  position, on July 1, 1993.
  131         (d) A building code administrator, plans examiner, or
  132  building code inspector holding a limited certificate can be
  133  promoted to a position requiring a higher level certificate only
  134  upon issuance of a standard certificate or provisional
  135  certificate appropriate for such new position.
  136         (e) By March 1, 2003, or 1 year after the Florida Building
  137  Code is implemented, whichever is later, individuals who were
  138  employed by an educational board, the Department of Education,
  139  or the State University System as building code administrators,
  140  plans examiners, or inspectors, who do not wish to apply for a
  141  standard certificate but who wish to continue in such
  142  employment, shall submit to the board the appropriate
  143  application and certification fees and shall receive a limited
  144  certificate qualifying such individuals to engage in building
  145  code administration, plans examination, or inspection in the
  146  class, at the performance level, and within the governmental
  147  jurisdiction in which such person is employed.
  148         (8)(7)(a) The board may provide for the issuance of
  149  provisional certificates valid for 1 year, as specified by board
  150  rule, to any newly employed or promoted building code inspector
  151  or plans examiner who meets the eligibility requirements
  152  described in subsection (2) and any newly employed or promoted
  153  building code administrator who meets the eligibility
  154  requirements described in subsection (4) (3). The provisional
  155  license may be renewed by the board for just cause; however, a
  156  provisional license is not valid for a period longer than 3
  157  years.
  158         (b) No building code administrator, plans examiner, or
  159  building code inspector may have a provisional certificate
  160  extended beyond the specified period by renewal or otherwise.
  161         (c) The board may provide for appropriate levels of
  162  provisional certificates and may issue these certificates with
  163  such special conditions or requirements relating to the place of
  164  employment of the person holding the certificate, the
  165  supervision of such person on a consulting or advisory basis, or
  166  other matters as the board may deem necessary to protect the
  167  public safety and health.
  168         (d) A newly employed or hired person may perform the duties
  169  of a plans examiner or building code inspector for 120 days if a
  170  provisional certificate application has been submitted if such
  171  person is under the direct supervision of a certified building
  172  code administrator who holds a standard certification and who
  173  has found such person qualified for a provisional certificate.
  174  Direct supervision and the determination of qualifications may
  175  also be provided by a building code administrator who holds a
  176  limited or provisional certificate in a county having a
  177  population of fewer than 75,000 and in a municipality located
  178  within such county.
  179         (9)(8) Any individual applying to the board may be issued a
  180  certificate valid for multiple building code inspection classes,
  181  as deemed appropriate by the board.
  182         (10)(9) Certification and training classes may be developed
  183  in coordination with degree career education centers, community
  184  colleges, the State University System, or other entities
  185  offering certification and training classes.
  186         (11)(10) The board may by rule create categories of
  187  certification in addition to those defined in s. 468.603(6) and
  188  (7). Such certification categories shall not be mandatory and
  189  shall not act to diminish the scope of any certificate created
  190  by statute.
  191  
  192  ================= T I T L E  A M E N D M E N T ================
  193  And the title is amended as follows:
  194         Delete line 8
  195  and insert:
  196         provisional certificates; amending s. 468.609, F.S.;
  197         authorizing a local jurisdiction to allow an
  198         individual who possesses a specified certification to
  199         be a residential building code inspector or plans
  200         examiner within said jurisdiction; conforming a cross
  201         reference; amending ss. 468.627,