Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1312
       
       
       
       
       
       
                                Ì1374542Î137454                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/25/2017           .                                
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       The Committee on Appropriations (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 513 - 542
    4  and insert:
    5         Section 9. Section 468.603, Florida Statutes, is reordered
    6  and amended to read:
    7         468.603 Definitions.—As used in this part:
    8         (2)(1) “Building code administrator” or “building official”
    9  means any of those employees of municipal or county governments,
   10  or any person contracted, with building construction regulation
   11  responsibilities who are charged with the responsibility for
   12  direct regulatory administration or supervision of plan review,
   13  enforcement, or inspection of building construction, erection,
   14  repair, addition, remodeling, demolition, or alteration projects
   15  that require permitting indicating compliance with building,
   16  plumbing, mechanical, electrical, gas, fire prevention, energy,
   17  accessibility, and other construction codes as required by state
   18  law or municipal or county ordinance. This term is synonymous
   19  with “building official” as used in the administrative chapter
   20  of the Standard Building Code and the South Florida Building
   21  Code. One person employed or contracted by each municipal or
   22  county government as a building code administrator or building
   23  official and who is so certified under this part may be
   24  authorized to perform any plan review or inspection for which
   25  certification is required by this part, including performing any
   26  plan review or inspection as a currently designated standard
   27  certified building official under an interagency service
   28  agreement with a jurisdiction having a population of 50,000 or
   29  fewer.
   30         (4)(2) “Building code inspector” means any of those
   31  employees of local governments or state agencies, or any person
   32  contracted, with building construction regulation
   33  responsibilities who themselves conduct inspections of building
   34  construction, erection, repair, addition, or alteration projects
   35  that require permitting indicating compliance with building,
   36  plumbing, mechanical, electrical, gas, fire prevention, energy,
   37  accessibility, and other construction codes as required by state
   38  law or municipal or county ordinance.
   39         (1)(3) “Board” means the Florida Building Code
   40  Administrators and Inspectors Board.
   41         (7)(4) “Department” means the Department of Business and
   42  Professional Regulation.
   43         (6)(5) “Certificate” means a certificate of qualification
   44  issued by the department as provided in this part.
   45         (5)(6) “Categories of building code inspectors” include the
   46  following:
   47         (a) “Building inspector” means a person who is qualified to
   48  inspect and determine that buildings and structures are
   49  constructed in accordance with the provisions of the governing
   50  building codes and state accessibility laws.
   51         (b) “Coastal construction inspector” means a person who is
   52  qualified to inspect and determine that buildings and structures
   53  are constructed to resist near-hurricane and hurricane velocity
   54  winds in accordance with the provisions of the governing
   55  building code.
   56         (c) “Commercial electrical inspector” means a person who is
   57  qualified to inspect and determine the electrical safety of
   58  commercial buildings and structures by inspecting for compliance
   59  with the provisions of the National Electrical Code.
   60         (h)(d) “Residential electrical inspector” means a person
   61  who is qualified to inspect and determine the electrical safety
   62  of one and two family dwellings and accessory structures by
   63  inspecting for compliance with the applicable provisions of the
   64  governing electrical code.
   65         (e) “Mechanical inspector” means a person who is qualified
   66  to inspect and determine that the mechanical installations and
   67  systems for buildings and structures are in compliance with the
   68  provisions of the governing mechanical code.
   69         (g)(f) “Plumbing inspector” means a person who is qualified
   70  to inspect and determine that the plumbing installations and
   71  systems for buildings and structures are in compliance with the
   72  provisions of the governing plumbing code.
   73         (f)(g) “One and two family dwelling inspector” means a
   74  person who is qualified to inspect and determine that one and
   75  two family dwellings and accessory structures are constructed in
   76  accordance with the provisions of the governing building,
   77  plumbing, mechanical, accessibility, and electrical codes.
   78         (d)(h) “Electrical inspector” means a person who is
   79  qualified to inspect and determine the electrical safety of
   80  commercial and residential buildings and accessory structures by
   81  inspecting for compliance with the provisions of the National
   82  Electrical Code.
   83         (8)(7) “Plans examiner” means a person who is qualified to
   84  determine that plans submitted for purposes of obtaining
   85  building and other permits comply with the applicable building,
   86  plumbing, mechanical, electrical, gas, fire prevention, energy,
   87  accessibility, and other applicable construction codes. The term
   88  includes a residential plans examiner who is qualified to
   89  determine that plans submitted for purposes of obtaining
   90  building and other permits comply with the applicable
   91  residential building, plumbing, mechanical, electrical, gas,
   92  energy, accessibility, and other applicable construction codes.
   93  Categories of plans examiners include:
   94         (a) Building plans examiner.
   95         (b) Plumbing plans examiner.
   96         (c) Mechanical plans examiner.
   97         (d) Electrical plans examiner.
   98         (3)(8) “Building code enforcement official” or “enforcement
   99  official” means a licensed building code administrator, building
  100  code inspector, or plans examiner.
  101         Section 10. Paragraph (c) of subsection (2), paragraphs (a)
  102  and (d) of subsection (7), and subsection (10) of section
  103  468.609, Florida Statutes, are amended to read:
  104         468.609 Administration of this part; standards for
  105  certification; additional categories of certification.—
  106         (2) A person may take the examination for certification as
  107  a building code inspector or plans examiner pursuant to this
  108  part if the person:
  109         (c) Meets eligibility requirements according to one of the
  110  following criteria:
  111         1. Demonstrates 5 years’ combined experience in the field
  112  of construction or a related field, building code inspection, or
  113  plans review corresponding to the certification category sought;
  114         2. Demonstrates a combination of postsecondary education in
  115  the field of construction or a related field and experience
  116  which totals 4 years, with at least 1 year of such total being
  117  experience in construction, building code inspection, or plans
  118  review;
  119         3. Demonstrates a combination of technical education in the
  120  field of construction or a related field and experience which
  121  totals 4 years, with at least 1 year of such total being
  122  experience in construction, building code inspection, or plans
  123  review;
  124         4. Currently holds a standard certificate issued by the
  125  board or a firesafety inspector license issued pursuant to
  126  chapter 633, has a minimum of 3 years’ verifiable full-time
  127  experience in inspection or plan review, and has satisfactorily
  128  completed a building code inspector or plans examiner training
  129  program that provides at least 100 hours but not more than 200
  130  hours of cross-training in the certification category sought.
  131  The board shall establish by rule criteria for the development
  132  and implementation of the training programs. The board shall
  133  accept all classroom training offered by an approved provider if
  134  the content substantially meets the intent of the classroom
  135  component of the training program;
  136         5. Demonstrates a combination of the completion of an
  137  approved training program in the field of building code
  138  inspection or plan review and a minimum of 2 years’ experience
  139  in the field of building code inspection, plan review, fire code
  140  inspections and fire plans review of new buildings as a
  141  firesafety inspector certified under s. 633.216, or
  142  construction. The approved training portion of this requirement
  143  shall include proof of satisfactory completion of a training
  144  program that provides at least 200 hours but not more than 300
  145  hours of cross-training that is approved by the board in the
  146  chosen category of building code inspection or plan review in
  147  the certification category sought with at least 20 hours but not
  148  more than 30 hours of instruction in state laws, rules, and
  149  ethics relating to professional standards of practice, duties,
  150  and responsibilities of a certificateholder. The board shall
  151  coordinate with the Building Officials Association of Florida,
  152  Inc., to establish by rule the development and implementation of
  153  the training program. However, the board shall accept all
  154  classroom training offered by an approved provider if the
  155  content substantially meets the intent of the classroom
  156  component of the training program; or
  157         6. Currently holds a standard certificate issued by the
  158  board or a firesafety inspector license issued pursuant to
  159  chapter 633 and:
  160         a. Has at least 5 years’ verifiable full-time experience as
  161  an inspector or plans examiner in a standard certification
  162  category currently held or has a minimum of 5 years’ verifiable
  163  full-time experience as a firesafety inspector licensed pursuant
  164  to chapter 633.
  165         b. Has satisfactorily completed a building code inspector
  166  or plans examiner classroom training course or program that
  167  provides at least 200 but not more than 300 hours in the
  168  certification category sought, except for one-family and two
  169  family dwelling training programs, which must provide at least
  170  500 but not more than 800 hours of training as prescribed by the
  171  board. The board shall establish by rule criteria for the
  172  development and implementation of classroom training courses and
  173  programs in each certification category; or
  174         7.a.Has completed a 4-year internship certification
  175  program as a building code inspector or plans examiner while
  176  employed full-time by a municipality, county, or other local
  177  government jurisdiction, under the direct supervision of a
  178  certified building official. Proof of graduation with a related
  179  vocational degree or college degree or of verifiable work
  180  experience may be exchanged for the internship experience
  181  requirement year for year, but may reduce the requirement to no
  182  less than 1 year;
  183         b.Has passed an examination administered by the
  184  International Code Council in the certification category sought.
  185  Such examination must be passed before beginning the internship
  186  certification program;
  187         c.Has passed the principles and practice examination
  188  before completing the internship certification program;
  189         d.Has passed a board-approved 40-hour code training course
  190  in the certification category sought before completing the
  191  internship certification program; and
  192         e.Has obtained a favorable recommendation from the
  193  supervising building official after completion of the internship
  194  certification program.
  195         (7)(a) The board shall provide for the issuance of
  196  provisional certificates valid for 1 year, as specified by board
  197  rule, to any newly employed or promoted building code inspector
  198  or plans examiner who meets the eligibility requirements
  199  described in subsection (2) and any newly employed or promoted
  200  building code administrator who meets the eligibility
  201  requirements described in subsection (3). The provisional
  202  license may be renewed by the board for just cause; however, a
  203  provisional license is not valid for longer than 3 years.
  204         (d) A newly employed or hired person may perform the duties
  205  of a plans examiner or building code inspector for 120 days if a
  206  provisional certificate application has been submitted if such
  207  person is under the direct supervision of a certified building
  208  code administrator who holds a standard certification and who
  209  has found such person qualified for a provisional certificate.
  210  Direct supervision and the determination of qualifications may
  211  also be provided by a building code administrator who holds a
  212  limited or provisional certificate in a county having a
  213  population of fewer than 75,000 and in a municipality located
  214  within such county.
  215         (10)(a) The board may by rule create categories of
  216  certification in addition to those defined in s. 468.603(5) and
  217  (8) 468.603(6) and (7). Such certification categories shall not
  218  be mandatory and shall not act to diminish the scope of any
  219  certificate created by statute.
  220         (b)The board shall by rule establish:
  221         1.Reciprocity of certification with any other state that
  222  requires an examination administered by the International Code
  223  Council.
  224         2.That an applicant for certification as a building code
  225  inspector or plans examiner may apply for a provisional
  226  certificate valid for the duration of the internship period.
  227         3.That partial completion of an internship program may be
  228  transferred between jurisdictions on a form prescribed by the
  229  board.
  230         4.That an applicant may apply for a standard certificate
  231  on a form prescribed by the board upon successful completion of
  232  an internship certification program.
  233         5.That an applicant may apply for a standard certificate
  234  at least 30 days and no more than 60 days before completing the
  235  internship certification program.
  236         6.That a building code inspector or plans examiner who has
  237  a standard certificate may seek an additional certification in
  238  another category by completing an additional nonconcurrent 1
  239  year internship program in the certification category sought and
  240  passing an examination administered by the International Code
  241  Council and a board-approved 40-hour code training course.
  242         Section 11. Subsection (3) of section 468.617, Florida
  243  Statutes, is amended to read:
  244         468.617 Joint building code inspection department; other
  245  arrangements.—
  246         (3) Nothing in this part shall prohibit any county or
  247  municipal government, school board, community college board,
  248  state university, or state agency from entering into any
  249  contract with any person or entity for the provision of building
  250  code administrator, building official, or building code
  251  inspection services regulated under this part, and
  252  notwithstanding any other statutory provision, such county or
  253  municipal governments may enter into contracts.
  254         Section 12. Paragraphs (d) and (i) of subsection (1) and
  255  subsection (2) of section 553.791, Florida Statutes, are amended
  256  to read:
  257         553.791 Alternative plans review and inspection.—
  258         (1) As used in this section, the term:
  259         (d) “Building code inspection services” means those
  260  services described in s. 468.603(5) and (8) 468.603(6) and (7)
  261  involving the review of building plans to determine compliance
  262  with applicable codes and those inspections required by law of
  263  each phase of construction for which permitting by a local
  264  enforcement agency is required to determine compliance with
  265  applicable codes.
  266         (i) “Private provider” means a person licensed as a
  267  building code administrator under part XII of chapter 468, as an
  268  engineer under chapter 471, or as an architect under chapter
  269  481. For purposes of performing inspections under this section
  270  for additions and alterations that are limited to 1,000 square
  271  feet or less to residential buildings, the term “private
  272  provider” also includes a person who holds a standard
  273  certificate under part XII of chapter 468.
  274         (2)(a) Notwithstanding any other law or local government
  275  ordinance or local policy, the fee owner of a building or
  276  structure, or the fee owner’s contractor upon written
  277  authorization from the fee owner, may choose to use a private
  278  provider to provide building code inspection services with
  279  regard to such building or structure and may make payment
  280  directly to the private provider for the provision of such
  281  services. All such services shall be the subject of a written
  282  contract between the private provider, or the private provider’s
  283  firm, and the fee owner or the fee owner’s contractor, upon
  284  written authorization of the fee owner. The fee owner may elect
  285  to use a private provider to provide plans review or required
  286  building inspections, or both. However, if the fee owner or the
  287  fee owner’s contractor uses a private provider to provide plans
  288  review, the local building official, in his or her discretion
  289  and pursuant to duly adopted policies of the local enforcement
  290  agency, may require the fee owner or the fee owner’s contractor
  291  to use a private provider to also provide required building
  292  inspections.
  293         (b)It is the intent of the Legislature that owners and
  294  contractors not be required to pay extra costs related to
  295  building permitting requirements when hiring a private provider
  296  for plans reviews and building inspections. A local jurisdiction
  297  must calculate the cost savings to the local enforcement agency,
  298  based on a fee owner or contractor hiring a private provider to
  299  perform plans reviews and building inspections in lieu of the
  300  local building official, and reduce the permit fees accordingly.
  301         Section 13. Subsection (10) of section 468.609, Florida
  302  Statutes, is amended to read:
  303         468.609 Administration of this part; standards for
  304  certification; additional categories of certification.—
  305         (10) The board may by rule create categories of
  306  certification in addition to those defined in s. 468.603(5) and
  307  (8) 468.603(6) and (7). Such certification categories shall not
  308  be mandatory and shall not act to diminish the scope of any
  309  certificate created by statute.
  310         Section 14. Section 471.045, Florida Statutes, is amended
  311  to read:
  312         471.045 Professional engineers performing building code
  313  inspector duties.—Notwithstanding any other provision of law, a
  314  person who is currently licensed under this chapter to practice
  315  as a professional engineer may provide building code inspection
  316  services described in s. 468.603(5) and (8) 468.603(6) and (7)
  317  to a local government or state agency upon its request, without
  318  being certified by the Florida Building Code Administrators and
  319  Inspectors Board under part XII of chapter 468. When performing
  320  these building code inspection services, the professional
  321  engineer is subject to the disciplinary guidelines of this
  322  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  323  investigation, and discipline that arise out of a professional
  324  engineer’s performing building code inspection services shall be
  325  conducted by the Board of Professional Engineers rather than the
  326  Florida Building Code Administrators and Inspectors Board. A
  327  professional engineer may not perform plans review as an
  328  employee of a local government upon any job that the
  329  professional engineer or the professional engineer’s company
  330  designed.
  331         Section 15. Section 481.222, Florida Statutes, is amended
  332  to read:
  333         481.222 Architects performing building code inspection
  334  services.—Notwithstanding any other provision of law, a person
  335  who is currently licensed to practice as an architect under this
  336  part may provide building code inspection services described in
  337  s. 468.603(5) and (8) 468.603(6) and (7) to a local government
  338  or state agency upon its request, without being certified by the
  339  Florida Building Code Administrators and Inspectors Board under
  340  part XII of chapter 468. With respect to the performance of such
  341  building code inspection services, the architect is subject to
  342  the disciplinary guidelines of this part and s. 468.621(1)(c)
  343  (h). Any complaint processing, investigation, and discipline
  344  that arise out of an architect’s performance of building code
  345  inspection services shall be conducted by the Board of
  346  Architecture and Interior Design rather than the Florida
  347  Building Code Administrators and Inspectors Board. An architect
  348  may not perform plans review as an employee of a local
  349  government upon any job that the architect or the architect’s
  350  company designed.
  351  
  352  ================= T I T L E  A M E N D M E N T ================
  353  And the title is amended as follows:
  354         Delete lines 59 - 61
  355  and insert:
  356         applicability; amending s. 468.603, F.S.; revising
  357         definitions; amending s. 468.609, F.S.; revising
  358         eligibility requirements for the examination for
  359         certification as a building code inspector or plans
  360         examiner to include an internship certification
  361         program and other requirements; removing an
  362         eligibility condition from provisions related to
  363         provisional certificates; requiring the Florida
  364         Building Code Administrators and Inspectors Board to
  365         establish rules; amending s. 468.617, F.S.;
  366         authorizing specified entities to contract for the
  367         provision of building code administrator and building
  368         official services; amending s. 553.791, F.S.;
  369         conforming cross-references; revising the definition
  370         of the term “private provider”; providing legislative
  371         intent; requiring local jurisdictions to reduce
  372         certain permit fees; amending ss. 468.609, 471.045,
  373         and 481.222; conforming cross-references; amending s.
  374         553.80, F.S.;