Florida Senate - 2017                              CS for SB 860
       
       
        
       By the Committee on Community Affairs; and Senators Brandes and
       Lee
       
       
       
       
       578-02411-17                                           2017860c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 468.603, F.S.; revising and defining terms;
    4         amending s. 468.609, F.S.; creating an internship path
    5         to certification as an inspector or plans examiner;
    6         specifying requirements for the internship periods;
    7         requiring the board to authorize specified candidates
    8         for certification as building code inspectors or plans
    9         examiners to perform duties during a specified period
   10         after initial application, to apply for a 1-year
   11         provisional certificate under certain circumstances,
   12         and to apply for standard certification within a
   13         certain time before completing the internship period;
   14         deleting being newly hired or promoted as a condition
   15         for eligibility to qualify for a provisional
   16         certificate; requiring rulemaking; requiring the board
   17         to develop a form to transfer internship periods
   18         completed in other jurisdictions under certain
   19         circumstances; requiring the board to develop an
   20         electronic application for standard certification for
   21         certain persons; authorizing persons to seek
   22         additional certifications if they meet certain
   23         requirements; conforming cross-references; amending s.
   24         468.617, F.S.; specifying that a county or municipal
   25         government, school board, community college board,
   26         state university, or state agency is not prohibited
   27         from entering into a contract for the services of a
   28         building code administrator or building code official;
   29         amending s. 468.8313, F.S.; providing conditions for
   30         the department to review and approve certain
   31         examinations; amending s. 553.73, F.S.; requiring the
   32         Florida Building Commission to use the 6th and
   33         subsequent editions of the Florida Building Code as
   34         the foundation for the development of and updates to
   35         the code; requiring the commission to review, rather
   36         than update, the Florida Building Code every 3 years;
   37         deleting a provision that specifies how long
   38         amendments or modifications to the foundation remain
   39         effective; deleting provisions limiting the length of
   40         time that an amendment or modification is effective;
   41         deleting a provision requiring certain amendments or
   42         modifications to be carried forward into the next
   43         edition of the code, subject to certain conditions;
   44         deleting certain requirements for the resubmission of
   45         expired amendments; deleting a provision prohibiting a
   46         proposed amendment from being included in the
   47         foundation code if it has been addressed in the
   48         international code; conforming provisions to changes
   49         made by the act; amending s. 553.76, F.S.; requiring
   50         the commission to adopt the Florida Building Code, and
   51         amendments thereto, by a minimum percentage of votes;
   52         amending s. 553.791, F.S.; revising the definition of
   53         the term “private provider”; conforming cross
   54         references; amending ss. 471.045 and 481.222, F.S.;
   55         conforming cross-references; providing an effective
   56         date.
   57          
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 468.603, Florida Statutes, is reordered
   61  and amended to read:
   62         468.603 Definitions.—As used in this part:
   63         (2)(1) “Building code administrator” or “building official”
   64  means any of those employees of municipal or county governments
   65  or any person under contract with building construction
   66  regulation responsibilities who are charged with the
   67  responsibility for direct regulatory administration or
   68  supervision of plan review, enforcement, or inspection of
   69  building construction, erection, repair, addition, remodeling,
   70  demolition, or alteration projects that require permitting
   71  indicating compliance with building, plumbing, mechanical,
   72  electrical, gas, fire prevention, energy, accessibility, and
   73  other construction codes as required by state law or municipal
   74  or county ordinance. This term is synonymous with “building
   75  official” as used in the administrative chapter of the Standard
   76  Building Code and the South Florida Building Code. One person
   77  employed or under contract by each municipal or county
   78  government as a building code administrator or building official
   79  and who is so certified under this part may be authorized to
   80  perform any plan review or inspection for which certification is
   81  required by this part.
   82         (4)(2) “Building code inspector” means any of those
   83  employees of local governments or state agencies or any person
   84  under contract with building construction regulation
   85  responsibilities who themselves conduct inspections of building
   86  construction, erection, repair, addition, or alteration projects
   87  that require permitting indicating compliance with building,
   88  plumbing, mechanical, electrical, gas, fire prevention, energy,
   89  accessibility, and other construction codes as required by state
   90  law or municipal or county ordinance.
   91         (1)(3) “Board” means the Florida Building Code
   92  Administrators and Inspectors Board.
   93         (7)(4) “Department” means the Department of Business and
   94  Professional Regulation.
   95         (6)(5) “Certificate” means a certificate of qualification
   96  issued by the department as provided in this part.
   97         (5)(6) “Categories of building code inspectors” include the
   98  following:
   99         (a) “Building inspector” means a person who is qualified to
  100  inspect and determine that buildings and structures are
  101  constructed in accordance with the provisions of the governing
  102  building codes and state accessibility laws.
  103         (b) “Coastal construction inspector” means a person who is
  104  qualified to inspect and determine that buildings and structures
  105  are constructed to resist near-hurricane and hurricane velocity
  106  winds in accordance with the provisions of the governing
  107  building code.
  108         (c) “Commercial electrical inspector” means a person who is
  109  qualified to inspect and determine the electrical safety of
  110  commercial buildings and structures by inspecting for compliance
  111  with the provisions of the National Electrical Code.
  112         (d) “Residential electrical inspector” means a person who
  113  is qualified to inspect and determine the electrical safety of
  114  one and two family dwellings and accessory structures by
  115  inspecting for compliance with the applicable provisions of the
  116  governing electrical code.
  117         (e) “Mechanical inspector” means a person who is qualified
  118  to inspect and determine that the mechanical installations and
  119  systems for buildings and structures are in compliance with the
  120  provisions of the governing mechanical code.
  121         (f) “Plumbing inspector” means a person who is qualified to
  122  inspect and determine that the plumbing installations and
  123  systems for buildings and structures are in compliance with the
  124  provisions of the governing plumbing code.
  125         (g) “One and two family dwelling inspector” means a person
  126  who is qualified to inspect and determine that one and two
  127  family dwellings and accessory structures are constructed in
  128  accordance with the provisions of the governing building,
  129  plumbing, mechanical, accessibility, and electrical codes.
  130         (h) “Electrical inspector” means a person who is qualified
  131  to inspect and determine the electrical safety of commercial and
  132  residential buildings and accessory structures by inspecting for
  133  compliance with the provisions of the National Electrical Code.
  134         (8)(7) “Plans examiner” means a person who is qualified to
  135  determine that plans submitted for purposes of obtaining
  136  building and other permits comply with the applicable building,
  137  plumbing, mechanical, electrical, gas, fire prevention, energy,
  138  accessibility, and other applicable construction codes.
  139  Categories of plans examiners include:
  140         (a) Building plans examiner.
  141         (b) Plumbing plans examiner.
  142         (c) Mechanical plans examiner.
  143         (d) Electrical plans examiner.
  144         (3)(8) “Building code enforcement official” or “enforcement
  145  official” means a licensed building code administrator, building
  146  code inspector, or plans examiner.
  147         (9) “Residential plans examiner” means a person who is
  148  qualified to determine whether plans submitted for purposes of
  149  obtaining building and other permits comply with the applicable
  150  residential building, plumbing, mechanical, electrical, gas,
  151  energy, accessibility, and other construction codes.
  152         Section 2. Paragraph (c) of subsection (2), paragraphs (a)
  153  and (d) of subsection (7), and subsection (10) of section
  154  468.609, Florida Statutes, are amended, and subsections (11) and
  155  (12) are added to that section, to read:
  156         468.609 Administration of this part; standards for
  157  certification; additional categories of certification.—
  158         (2) A person may take the examination for certification as
  159  a building code inspector or plans examiner pursuant to this
  160  part if the person:
  161         (c) Meets eligibility requirements according to one of the
  162  following criteria:
  163         1. Demonstrates 5 years’ combined experience in the field
  164  of construction or a related field, building code inspection, or
  165  plans review corresponding to the certification category sought;
  166         2. Demonstrates a combination of postsecondary education in
  167  the field of construction or a related field and experience
  168  which totals 4 years, with at least 1 year of such total being
  169  experience in construction, building code inspection, or plans
  170  review;
  171         3. Demonstrates a combination of technical education in the
  172  field of construction or a related field and experience which
  173  totals 4 years, with at least 1 year of such total being
  174  experience in construction, building code inspection, or plans
  175  review;
  176         4. Currently holds a standard certificate issued by the
  177  board or a firesafety inspector license issued pursuant to
  178  chapter 633, has a minimum of 3 years’ verifiable full-time
  179  experience in inspection or plan review, and has satisfactorily
  180  completed a building code inspector or plans examiner training
  181  program that provides at least 100 hours but not more than 200
  182  hours of cross-training in the certification category sought.
  183  The board shall establish by rule criteria for the development
  184  and implementation of the training programs. The board shall
  185  accept all classroom training offered by an approved provider if
  186  the content substantially meets the intent of the classroom
  187  component of the training program;
  188         5. Demonstrates a combination of the completion of an
  189  approved training program in the field of building code
  190  inspection or plan review and a minimum of 2 years’ experience
  191  in the field of building code inspection, plan review, fire code
  192  inspections and fire plans review of new buildings as a
  193  firesafety inspector certified under s. 633.216, or
  194  construction. The approved training portion of this requirement
  195  shall include proof of satisfactory completion of a training
  196  program that provides at least 200 hours but not more than 300
  197  hours of cross-training that is approved by the board in the
  198  chosen category of building code inspection or plan review in
  199  the certification category sought with at least 20 hours but not
  200  more than 30 hours of instruction in state laws, rules, and
  201  ethics relating to professional standards of practice, duties,
  202  and responsibilities of a certificateholder. The board shall
  203  coordinate with the Building Officials Association of Florida,
  204  Inc., to establish by rule the development and implementation of
  205  the training program. However, the board shall accept all
  206  classroom training offered by an approved provider if the
  207  content substantially meets the intent of the classroom
  208  component of the training program; or
  209         6. Currently holds a standard certificate issued by the
  210  board or a firesafety inspector license issued pursuant to
  211  chapter 633 and:
  212         a. Has at least 5 years’ verifiable full-time experience as
  213  an inspector or plans examiner in a standard certification
  214  category currently held or has a minimum of 5 years’ verifiable
  215  full-time experience as a firesafety inspector licensed pursuant
  216  to chapter 633.
  217         b. Has satisfactorily completed a building code inspector
  218  or plans examiner classroom training course or program that
  219  provides at least 200 but not more than 300 hours in the
  220  certification category sought, except for one-family and two
  221  family dwelling training programs, which must provide at least
  222  500 but not more than 800 hours of training as prescribed by the
  223  board. The board shall establish by rule criteria for the
  224  development and implementation of classroom training courses and
  225  programs in each certification category; or.
  226         7. Completes an inspector or plans examiner internship
  227  certification program that includes all of the following:
  228         a. Passing an International Code Council (ICC) administered
  229  examination in the category sought before beginning a 4-year
  230  internship while employed full time by a Florida municipality,
  231  county, or other governmental jurisdiction under the direct
  232  supervision of a standard certified, government employed,
  233  sponsoring building official. A related vocational or college
  234  degree attained or verifiable on-the-job experience may reduce
  235  the internship period year-for-year to no less than 1 year.
  236         b. Passing the Florida Principles and Practice exam before
  237  completing the internship period.
  238         c. Passing a board-approved 40-hour code training course in
  239  the category sought before completing the internship period.
  240         d. Obtaining a favorable recommendation from the sponsoring
  241  building official upon completion of the internship period.
  242         (7)(a) The board shall provide for the issuance of
  243  provisional certificates valid for 1 year, as specified by board
  244  rule, to any newly employed or promoted building code inspector
  245  or plans examiner who meets the eligibility requirements
  246  described in subsection (2) and any newly employed or promoted
  247  building code administrator who meets the eligibility
  248  requirements described in subsection (3). The provisional
  249  license may be renewed by the board for just cause; however, a
  250  provisional license is not valid for longer than 3 years.
  251         (d) A newly employed or hired person may perform the duties
  252  of a plans examiner or building code inspector for 120 days if a
  253  provisional certificate application has been submitted if such
  254  person is under the direct supervision of a certified building
  255  code administrator who holds a standard certification and who
  256  has found such person qualified for a provisional certificate.
  257  Direct supervision and the determination of qualifications may
  258  also be provided by a building code administrator who holds a
  259  limited or provisional certificate in a county having a
  260  population of fewer than 75,000 and in a municipality located
  261  within such county.
  262         (10) The board may by rule create categories of
  263  certification in addition to those defined in s. 468.603(5) s.
  264  468.603(6) and (8) (7). Such certification categories shall not
  265  be mandatory and shall not act to diminish the scope of any
  266  certificate created by statute.
  267         (11) The board shall by rule:
  268         (a) Establish a procedure to determine reciprocity for an
  269  ICC examination administered by another state.
  270         (b) Authorize candidates under subparagraph (2)(c)7. to:
  271         1. Perform duties during the first 120 days after initial
  272  application submittal to the board.
  273         2. Apply for a 1-year provisional certificate before
  274  completing the internship period if the candidate has not passed
  275  the Florida Principles and Practice exam or 40-hour code
  276  training course.
  277         3. Apply for standard certification at least 30 days but
  278  not more than 60 days before completing the internship period.
  279         (c) Develop a form to authorize candidates under
  280  subparagraph (2)(c)7. to transfer approved partial internship
  281  periods completed in other jurisdictions.
  282         (d) Develop an electronic application for standard
  283  certification of interns who successfully complete the program
  284  described in subparagraph (2)(c)7.
  285         (e) Establish minimum standards for, and a procedure to
  286  determine the eligibility of, internships for candidates to
  287  obtain certification under subparagraph (2)(c)7.
  288         (12) After achieving initial standard certification, a
  289  person may seek additional certifications in other categories by
  290  completing additional nonconcurrent internship programs when
  291  passing an ICC examination, passing a board-approved 40-hour
  292  code training course, and completing an additional 1-year, full
  293  time internship in the respective category sought. Any person
  294  holding a standard certification may seek additional
  295  certifications.
  296         Section 3. Subsection (3) of section 468.617, Florida
  297  Statutes, is amended to read:
  298         468.617 Joint building code inspection department; other
  299  arrangements.—
  300         (3) Nothing in this part shall prohibit any county or
  301  municipal government, school board, community college board,
  302  state university, or state agency from entering into any
  303  contract with any person or entity for the provision of building
  304  code administrator, building code official, or building code
  305  inspection services regulated under this part, and
  306  notwithstanding any other statutory provision, such county or
  307  municipal governments may enter into contracts.
  308         Section 4. Subsection (4) of section 468.8313, Florida
  309  Statutes, is amended to read:
  310         468.8313 Examinations.—
  311         (4) The department may review and approve examinations by a
  312  nationally recognized entity that offers programs or sets
  313  standards that ensure competence as a home inspector, provided
  314  that only examinations meeting the standards of a national
  315  examination as defined by rule and certified by the department
  316  may be approved.
  317         Section 5. Subsections (3), (7), and (8) of section 553.73,
  318  Florida Statutes, and paragraphs (a) and (b) of subsection (9)
  319  of that section, are amended to read:
  320         553.73 Florida Building Code.—
  321         (3) The commission shall use the 6th edition, and
  322  subsequent editions, of the Florida Building Code as the
  323  International Codes published by the International Code Council,
  324  the National Electric Code (NFPA 70), or other nationally
  325  adopted model codes and standards needed to develop the base
  326  code in Florida to form the foundation for the development of
  327  and updates to the Florida Building Code. The Florida Building
  328  commission may approve technical amendments to the code as
  329  provided in, subject to subsections (8) and (9), after the
  330  amendments have been subject to all of the following conditions:
  331         (a) The proposed amendment must have has been published on
  332  the commission’s website for a minimum of 45 days and all the
  333  associated documentation must have has been made available to
  334  any interested party before any consideration by a technical
  335  advisory committee.;
  336         (b) In order for a technical advisory committee to make a
  337  favorable recommendation to the commission, the proposal must
  338  receive a three-fourths vote of the members present at the
  339  technical advisory committee meeting. and At least half of the
  340  regular members must be present in order to conduct a meeting.;
  341         (c) After the technical advisory committee has considered
  342  and recommended consideration and a recommendation for approval
  343  of any proposed amendment, the proposal must be published on the
  344  commission’s website for at least 45 days before any
  345  consideration by the commission.; and
  346         (d) A proposal may be modified by the commission based on
  347  public testimony and evidence from a public hearing held in
  348  accordance with chapter 120.
  349  
  350  The commission shall incorporate within sections of the Florida
  351  Building Code provisions that which address regional and local
  352  concerns and variations. The commission shall make every effort
  353  to minimize conflicts between the Florida Building Code, the
  354  Florida Fire Prevention Code, and the Life Safety Code.
  355         (7)(a) The commission, by rule adopted pursuant to ss.
  356  120.536(1) and 120.54, shall review update the Florida Building
  357  Code every 3 years to consider whether it needs to be revised.
  358  The commission shall adopt code revisions by rule. When
  359  evaluating potential revisions to updating the Florida Building
  360  Code, the commission shall review select the most current
  361  version of the International Building Code, the International
  362  Fuel Gas Code, the International Mechanical Code, the
  363  International Plumbing Code, and the International Residential
  364  Code, all of which are adopted by the International Code
  365  Council, and the National Electrical Code, which is adopted by
  366  the National Fire Protection Association, to form the foundation
  367  codes of the updated Florida Building Code, if the version has
  368  been adopted by the applicable model code entity. The commission
  369  shall also review select the most current version of the
  370  International Energy Conservation Code (IECC) as a foundation
  371  code; however, the IECC shall be modified by the commission must
  372  to maintain the efficiencies of the Florida Energy Efficiency
  373  Code for Building Construction adopted and amended pursuant to
  374  s. 553.901.
  375         (b) Codes regarding noise contour lines shall be reviewed
  376  annually, and the most current federal guidelines shall be
  377  adopted.
  378         (c) The commission may adopt as a technical amendment to
  379  the Florida Building Code modify any portion of the foundation
  380  codes identified in paragraph (a) only as needed to accommodate
  381  the specific needs of this state. Standards or criteria adopted
  382  from such referenced by the codes shall be incorporated by
  383  reference to the specific provisions of such codes which are
  384  adopted. If a referenced standard or criterion requires
  385  amplification or modification to be appropriate for use in this
  386  state, only the amplification or modification shall be set forth
  387  in the Florida Building Code. The commission may approve
  388  technical amendments to the updated Florida Building Code after
  389  the amendments have been subject to the conditions set forth in
  390  paragraphs (3)(a)-(d). Amendments that to the foundation codes
  391  which are adopted in accordance with this subsection shall be
  392  clearly marked in printed versions of the Florida Building Code
  393  so that the fact that the provisions are Florida-specific
  394  amendments to the foundation codes is readily apparent.
  395         (d) The commission shall further consider the commission’s
  396  own interpretations, declaratory statements, appellate
  397  decisions, and approved statewide and local technical amendments
  398  and shall incorporate such interpretations, statements,
  399  decisions, and amendments into the updated Florida Building Code
  400  only to the extent that they are needed to modify the foundation
  401  codes to accommodate the specific needs of the state. A change
  402  made by an institute or standards organization to any standard
  403  or criterion that is adopted by reference in the Florida
  404  Building Code does not become effective statewide until it has
  405  been adopted by the commission. Furthermore, the edition of the
  406  Florida Building Code which is in effect on the date of
  407  application for any permit authorized by the code governs the
  408  permitted work for the life of the permit and any extension
  409  granted to the permit.
  410         (e) A rule updating the Florida Building Code in accordance
  411  with this subsection shall take effect no sooner than 6 months
  412  after publication of the updated code. Any amendment to the
  413  Florida Building Code which is adopted upon a finding by the
  414  commission that the amendment is necessary to protect the public
  415  from immediate threat of harm takes effect immediately.
  416         (f) Provisions of the Florida Building Code foundation
  417  codes, including those contained in referenced standards and
  418  criteria, relating to wind resistance or the prevention of water
  419  intrusion may not be modified to diminish those construction
  420  requirements; however, the commission may, subject to conditions
  421  in this subsection, modify the provisions to enhance those
  422  construction requirements.
  423         (g) Amendments or modifications to the foundation code
  424  pursuant to this subsection shall remain effective only until
  425  the effective date of a new edition of the Florida Building Code
  426  every third year. Amendments or modifications related to state
  427  agency regulations which are adopted and integrated into an
  428  edition of the Florida Building Code shall be carried forward
  429  into the next edition of the code, subject to modification as
  430  provided in this part. Amendments or modifications related to
  431  the wind-resistance design of buildings and structures within
  432  the high-velocity hurricane zone of Miami-Dade and Broward
  433  Counties which are adopted to an edition of the Florida Building
  434  Code do not expire and shall be carried forward into the next
  435  edition of the code, subject to review or modification as
  436  provided in this part. If amendments that expire pursuant to
  437  this paragraph are resubmitted through the Florida Building
  438  commission code adoption process, the amendments must
  439  specifically address whether:
  440         1. The provisions contained in the proposed amendment are
  441  addressed in the applicable international code.
  442         2. The amendment demonstrates by evidence or data that the
  443  geographical jurisdiction of Florida exhibits a need to
  444  strengthen the foundation code beyond the needs or regional
  445  variations addressed by the foundation code, and why the
  446  proposed amendment applies to this state.
  447         3. The proposed amendment was submitted or attempted to be
  448  included in the foundation codes to avoid resubmission to the
  449  Florida Building Code amendment process.
  450  
  451  If the proposed amendment has been addressed in the
  452  international code in a substantially equivalent manner, the
  453  Florida Building commission may not include the proposed
  454  amendment in the foundation Code.
  455         (8) Notwithstanding the provisions of subsection (3) or
  456  subsection (7), the commission may address issues identified in
  457  this subsection by amending the code pursuant only to the rule
  458  adoption procedures contained in chapter 120. Provisions of The
  459  Florida Building Code, including provisions those contained in
  460  referenced standards and criteria which relate, relating to wind
  461  resistance or the prevention of water intrusion, may not be
  462  amended pursuant to this subsection to diminish those standards
  463  construction requirements; however, the commission may, subject
  464  to conditions in this subsection, amend the Florida Building
  465  Code the provisions to enhance such standards those construction
  466  requirements. Following the approval of any amendments to the
  467  Florida Building Code by the commission and publication of the
  468  amendments on the commission’s website, authorities having
  469  jurisdiction to enforce the Florida Building Code may enforce
  470  the amendments. The commission may approve amendments that are
  471  needed to address:
  472         (a) Conflicts within the updated code;
  473         (b) Conflicts between the updated code and the Florida Fire
  474  Prevention Code adopted pursuant to chapter 633;
  475         (c) Unintended results from the integration of previously
  476  adopted Florida-specific amendments with the model code;
  477         (d) Equivalency of standards;
  478         (e) Changes to or inconsistencies with federal or state
  479  law; or
  480         (f) Adoption of an updated edition of the National
  481  Electrical Code if the commission finds that delay of
  482  implementing the updated edition causes undue hardship to
  483  stakeholders or otherwise threatens the public health, safety,
  484  and welfare.
  485         (9)(a) The commission may approve technical amendments to
  486  the Florida Building Code once each year for statewide or
  487  regional application upon a finding that the amendment:
  488         1. Is needed in order to accommodate the specific needs of
  489  this state.
  490         2. Has a reasonable and substantial connection with the
  491  health, safety, and welfare of the general public.
  492         3. Strengthens or improves the Florida Building Code, or in
  493  the case of innovation or new technology, will provide
  494  equivalent or better products or methods or systems of
  495  construction.
  496         4. Does not discriminate against materials, products,
  497  methods, or systems of construction of demonstrated
  498  capabilities.
  499         5. Does not degrade the effectiveness of the Florida
  500  Building Code.
  501  
  502  The Florida Building Commission may approve technical amendments
  503  to the code once each year to incorporate into the Florida
  504  Building Code its own interpretations of the code which are
  505  embodied in its opinions, final orders, declaratory statements,
  506  and interpretations of hearing officer panels under s.
  507  553.775(3)(c), but only to the extent that the incorporation of
  508  interpretations is needed to modify the code foundation codes to
  509  accommodate the specific needs of this state. Amendments
  510  approved under this paragraph shall be adopted by rule after the
  511  amendments have been subjected to subsection (3).
  512         (b) A proposed amendment must include a fiscal impact
  513  statement that documents the costs and benefits of the proposed
  514  amendment. Criteria for the fiscal impact statement shall be
  515  established by rule by the commission and shall include the
  516  impact to local government relative to enforcement, the impact
  517  to property and building owners, and the impact to industry,
  518  relative to the cost of compliance. The amendment must
  519  demonstrate by evidence or data that the state’s geographical
  520  jurisdiction exhibits a need to strengthen the foundation code
  521  beyond the needs or regional variations addressed by the
  522  foundation code and why the proposed amendment applies to this
  523  state.
  524         Section 6. Subsection (2) of section 553.76, Florida
  525  Statutes, is amended to read:
  526         553.76 General powers of the commission.—The commission is
  527  authorized to:
  528         (2) Issue memoranda of procedure for its internal
  529  management and control. The commission may adopt rules related
  530  to its consensus-based decisionmaking process, including, but
  531  not limited to, super majority voting requirements for
  532  commission actions relating to the adoption of the Florida
  533  Building Code or amendments to the code. However, the commission
  534  must adopt the Florida Building Code, and amendments thereto, by
  535  at least a three-fourths vote of the members present at a
  536  meeting.
  537         Section 7. Paragraphs (d) and (i) of subsection (1) of
  538  section 553.791, Florida Statutes, are amended to read:
  539         553.791 Alternative plans review and inspection.—
  540         (1) As used in this section, the term:
  541         (d) “Building code inspection services” means those
  542  services described in s. 468.603(5) s. 468.603(6) and (8) (7)
  543  involving the review of building plans to determine compliance
  544  with applicable codes and those inspections required by law of
  545  each phase of construction for which permitting by a local
  546  enforcement agency is required to determine compliance with
  547  applicable codes.
  548         (i) “Private provider” means a person licensed as a
  549  building code administrator under part XII of chapter 468, as an
  550  engineer under chapter 471, or as an architect under chapter
  551  481. For purposes of performing inspections under this section
  552  for additions and alterations that are limited to 1,000 square
  553  feet or less to residential buildings, the term “private
  554  provider” also includes a person who holds a standard
  555  certificate under part XII of chapter 468.
  556         Section 8. Section 471.045, Florida Statutes, is amended to
  557  read:
  558         471.045 Professional engineers performing building code
  559  inspector duties.—Notwithstanding any other provision of law, a
  560  person who is currently licensed under this chapter to practice
  561  as a professional engineer may provide building code inspection
  562  services described in s. 468.603(5) s. 468.603(6) and (8) (7) to
  563  a local government or state agency upon its request, without
  564  being certified by the Florida Building Code Administrators and
  565  Inspectors Board under part XII of chapter 468. When performing
  566  these building code inspection services, the professional
  567  engineer is subject to the disciplinary guidelines of this
  568  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  569  investigation, and discipline that arise out of a professional
  570  engineer’s performing building code inspection services shall be
  571  conducted by the Board of Professional Engineers rather than the
  572  Florida Building Code Administrators and Inspectors Board. A
  573  professional engineer may not perform plans review as an
  574  employee of a local government upon any job that the
  575  professional engineer or the professional engineer’s company
  576  designed.
  577         Section 9. Section 481.222, Florida Statutes, is amended to
  578  read:
  579         481.222 Architects performing building code inspection
  580  services.—Notwithstanding any other provision of law, a person
  581  who is currently licensed to practice as an architect under this
  582  part may provide building code inspection services described in
  583  s. 468.603(5) s. 468.603(6) and (8) (7) to a local government or
  584  state agency upon its request, without being certified by the
  585  Florida Building Code Administrators and Inspectors Board under
  586  part XII of chapter 468. With respect to the performance of such
  587  building code inspection services, the architect is subject to
  588  the disciplinary guidelines of this part and s. 468.621(1)(c)
  589  (h). Any complaint processing, investigation, and discipline
  590  that arise out of an architect’s performance of building code
  591  inspection services shall be conducted by the Board of
  592  Architecture and Interior Design rather than the Florida
  593  Building Code Administrators and Inspectors Board. An architect
  594  may not perform plans review as an employee of a local
  595  government upon any job that the architect or the architect’s
  596  company designed.
  597         Section 10. This act shall take effect October 1, 2017.