Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7103, 2nd Eng.
       
       
       
       
       
       
                                Ì465196IÎ465196                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
               Floor: 1d/RE/2R         .                                
             05/02/2019 02:18 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Lee moved the following:
       
    1         Senate Amendment to Amendment (155860) (with title
    2  amendment)
    3  
    4         Between lines 413 and 414
    5  insert:
    6         Section 9. Subsection (1), paragraph (b) of subsection (2),
    7  and subsections (4) through (7) and (18) of section 553.791,
    8  Florida Statutes, are amended to read:
    9         553.791 Alternative plans review and inspection.—
   10         (1) As used in this section, the term:
   11         (a) “Applicable codes” means the Florida Building Code and
   12  any local technical amendments to the Florida Building Code but
   13  does not include the applicable minimum fire prevention and
   14  firesafety codes adopted pursuant to chapter 633.
   15         (b) “Audit” means the process to confirm that the building
   16  code inspection services have been performed by the private
   17  provider, including ensuring that the required affidavit for the
   18  plan review has been properly completed and affixed to the
   19  permit documents and that the minimum mandatory inspections
   20  required under the building code have been performed and
   21  properly recorded. The term does not mean that the local
   22  building official may not is required to replicate the plan
   23  review or inspection being performed by the private provider,
   24  unless expressly authorized by this section.
   25         (c) “Building” means any construction, erection,
   26  alteration, demolition, or improvement of, or addition to, any
   27  structure or site work for which permitting by a local
   28  enforcement agency is required.
   29         (d) “Building code inspection services” means those
   30  services described in s. 468.603(5) and (8) involving the review
   31  of building plans as well as those services involving the review
   32  of site plans and site work engineering plans or their
   33  functional equivalent, to determine compliance with applicable
   34  codes and those inspections required by law of each phase of
   35  construction for which permitting by a local enforcement agency
   36  is required to determine compliance with applicable codes.
   37         (e) “Duly authorized representative” means an agent of the
   38  private provider identified in the permit application who
   39  reviews plans or performs inspections as provided by this
   40  section and who is licensed as an engineer under chapter 471 or
   41  as an architect under chapter 481 or who holds a standard
   42  certificate under part XII of chapter 468.
   43         (f) “Immediate threat to public safety and welfare” means a
   44  building code violation that, if allowed to persist, constitutes
   45  an immediate hazard that could result in death, serious bodily
   46  injury, or significant property damage. This paragraph does not
   47  limit the authority of the local building official to issue a
   48  Notice of Corrective Action at any time during the construction
   49  of a building project or any portion of such project if the
   50  official determines that a condition of the building or portion
   51  thereof may constitute a hazard when the building is put into
   52  use following completion as long as the condition cited is shown
   53  to be in violation of the building code or approved plans.
   54         (g) “Local building official” means the individual within
   55  the governing jurisdiction responsible for direct regulatory
   56  administration or supervision of plans review, enforcement, and
   57  inspection of any construction, erection, alteration,
   58  demolition, or substantial improvement of, or addition to, any
   59  structure for which permitting is required to indicate
   60  compliance with applicable codes and includes any duly
   61  authorized designee of such person.
   62         (h) “Permit application” means a properly completed and
   63  submitted application for the requested building or construction
   64  permit, including:
   65         1. The plans reviewed by the private provider.
   66         2. The affidavit from the private provider required under
   67  subsection (6).
   68         3. Any applicable fees.
   69         4. Any documents required by the local building official to
   70  determine that the fee owner has secured all other government
   71  approvals required by law.
   72         (i) “Plans” means building plans, site engineering plans,
   73  or site plans, or their functional equivalent, submitted by a
   74  fee owner or fee owner’s contractor to a private provider or
   75  duly authorized representative for review.
   76         (j)(i) “Private provider” means a person licensed as a
   77  building code administrator under part XII of chapter 468, as an
   78  engineer under chapter 471, or as an architect under chapter
   79  481. For purposes of performing inspections under this section
   80  for additions and alterations that are limited to 1,000 square
   81  feet or less to residential buildings, the term “private
   82  provider” also includes a person who holds a standard
   83  certificate under part XII of chapter 468.
   84         (k)(j) “Request for certificate of occupancy or certificate
   85  of completion” means a properly completed and executed
   86  application for:
   87         1. A certificate of occupancy or certificate of completion.
   88         2. A certificate of compliance from the private provider
   89  required under subsection (11).
   90         3. Any applicable fees.
   91         4. Any documents required by the local building official to
   92  determine that the fee owner has secured all other government
   93  approvals required by law.
   94         (l) “Site work” means the portion of a construction project
   95  that is not part of the building structure, including, but not
   96  limited to, grading, excavation, landscape irrigation, and
   97  installation of driveways.
   98         (m)(k) “Stop-work order” means the issuance of any written
   99  statement, written directive, or written order which states the
  100  reason for the order and the conditions under which the cited
  101  work will be permitted to resume.
  102         (2)
  103         (b) It is the intent of the Legislature that owners and
  104  contractors pay reduced fees not be required to pay extra costs
  105  related to building permitting requirements when hiring a
  106  private provider for plans review and building inspections. A
  107  local jurisdiction must calculate the cost savings to the local
  108  enforcement agency, based on a fee owner or contractor hiring a
  109  private provider to perform plans reviews and building
  110  inspections in lieu of the local building official, and reduce
  111  the permit fees accordingly. The local jurisdiction may not
  112  charge fees for building inspections if the fee owner or
  113  contractor hires a private provider; however, the local
  114  jurisdiction may charge a reasonable administrative fee.
  115         (4) A fee owner or the fee owner’s contractor using a
  116  private provider to provide building code inspection services
  117  shall notify the local building official at the time of permit
  118  application, or by 2 p.m. local time, 2 no less than 7 business
  119  days before prior to the first scheduled inspection by the local
  120  building official or building code enforcement agency for a
  121  private provider performing required inspections of construction
  122  under this section, on a form to be adopted by the commission.
  123  This notice shall include the following information:
  124         (a) The services to be performed by the private provider.
  125         (b) The name, firm, address, telephone number, and
  126  facsimile number of each private provider who is performing or
  127  will perform such services, his or her professional license or
  128  certification number, qualification statements or resumes, and,
  129  if required by the local building official, a certificate of
  130  insurance demonstrating that professional liability insurance
  131  coverage is in place for the private provider’s firm, the
  132  private provider, and any duly authorized representative in the
  133  amounts required by this section.
  134         (c) An acknowledgment from the fee owner in substantially
  135  the following form:
  136  
  137         I have elected to use one or more private providers to
  138         provide building code plans review and/or inspection
  139         services on the building or structure that is the
  140         subject of the enclosed permit application, as
  141         authorized by s. 553.791, Florida Statutes. I
  142         understand that the local building official may not
  143         review the plans submitted or perform the required
  144         building inspections to determine compliance with the
  145         applicable codes, except to the extent specified in
  146         said law. Instead, plans review and/or required
  147         building inspections will be performed by licensed or
  148         certified personnel identified in the application. The
  149         law requires minimum insurance requirements for such
  150         personnel, but I understand that I may require more
  151         insurance to protect my interests. By executing this
  152         form, I acknowledge that I have made inquiry regarding
  153         the competence of the licensed or certified personnel
  154         and the level of their insurance and am satisfied that
  155         my interests are adequately protected. I agree to
  156         indemnify, defend, and hold harmless the local
  157         government, the local building official, and their
  158         building code enforcement personnel from any and all
  159         claims arising from my use of these licensed or
  160         certified personnel to perform building code
  161         inspection services with respect to the building or
  162         structure that is the subject of the enclosed permit
  163         application.
  164  
  165  If the fee owner or the fee owner’s contractor makes any changes
  166  to the listed private providers or the services to be provided
  167  by those private providers, the fee owner or the fee owner’s
  168  contractor shall, within 1 business day after any change, update
  169  the notice to reflect such changes. A change of a duly
  170  authorized representative named in the permit application does
  171  not require a revision of the permit, and the building code
  172  enforcement agency shall not charge a fee for making the change.
  173  In addition, the fee owner or the fee owner’s contractor shall
  174  post at the project site, before prior to the commencement of
  175  construction and updated within 1 business day after any change,
  176  on a form to be adopted by the commission, the name, firm,
  177  address, telephone number, and facsimile number of each private
  178  provider who is performing or will perform building code
  179  inspection services, the type of service being performed, and
  180  similar information for the primary contact of the private
  181  provider on the project.
  182         (5) After construction has commenced and if the local
  183  building official is unable to provide inspection services in a
  184  timely manner, the fee owner or the fee owner’s contractor may
  185  elect to use a private provider to provide inspection services
  186  by notifying the local building official of the owner’s or
  187  contractor’s intention to do so by 2 p.m. local time, 2 no less
  188  than 7 business days before prior to the next scheduled
  189  inspection using the notice provided for in paragraphs (4)(a)
  190  (c).
  191         (6) A private provider performing plans review under this
  192  section shall review the construction plans to determine
  193  compliance with the applicable codes. Upon determining that the
  194  plans reviewed comply with the applicable codes, the private
  195  provider shall prepare an affidavit or affidavits on a form
  196  reasonably acceptable to adopted by the commission certifying,
  197  under oath, that the following is true and correct to the best
  198  of the private provider’s knowledge and belief:
  199         (a) The plans were reviewed by the affiant, who is duly
  200  authorized to perform plans review pursuant to this section and
  201  holds the appropriate license or certificate.
  202         (b) The plans comply with the applicable codes.
  203         (7)(a) No more than 20 30 business days after receipt of a
  204  permit application and the affidavit from the private provider
  205  required pursuant to subsection (6), the local building official
  206  shall issue the requested permit or provide a written notice to
  207  the permit applicant identifying the specific plan features that
  208  do not comply with the applicable codes, as well as the specific
  209  code chapters and sections. If the local building official does
  210  not provide a written notice of the plan deficiencies within the
  211  prescribed 20-day 30-day period, the permit application shall be
  212  deemed approved as a matter of law, and the permit shall be
  213  issued by the local building official on the next business day.
  214         (b) If the local building official provides a written
  215  notice of plan deficiencies to the permit applicant within the
  216  prescribed 20-day 30-day period, the 20-day 30-day period shall
  217  be tolled pending resolution of the matter. To resolve the plan
  218  deficiencies, the permit applicant may elect to dispute the
  219  deficiencies pursuant to subsection (13) or to submit revisions
  220  to correct the deficiencies.
  221         (c) If the permit applicant submits revisions, the local
  222  building official has the remainder of the tolled 20-day 30-day
  223  period plus 5 business days from the date of resubmittal to
  224  issue the requested permit or to provide a second written notice
  225  to the permit applicant stating which of the previously
  226  identified plan features remain in noncompliance with the
  227  applicable codes, with specific reference to the relevant code
  228  chapters and sections. Any subsequent review by the local
  229  building official is limited to the deficiencies cited in the
  230  written notice. If the local building official does not provide
  231  the second written notice within the prescribed time period, the
  232  permit shall be deemed approved as a matter of law, and issued
  233  by the local building official must issue the permit on the next
  234  business day.
  235         (d) If the local building official provides a second
  236  written notice of plan deficiencies to the permit applicant
  237  within the prescribed time period, the permit applicant may
  238  elect to dispute the deficiencies pursuant to subsection (13) or
  239  to submit additional revisions to correct the deficiencies. For
  240  all revisions submitted after the first revision, the local
  241  building official has an additional 5 business days from the
  242  date of resubmittal to issue the requested permit or to provide
  243  a written notice to the permit applicant stating which of the
  244  previously identified plan features remain in noncompliance with
  245  the applicable codes, with specific reference to the relevant
  246  code chapters and sections.
  247         (18) Each local building code enforcement agency may audit
  248  the performance of building code inspection services by private
  249  providers operating within the local jurisdiction. However, the
  250  same private provider may not be audited more than four times in
  251  a calendar year unless the local building official determines a
  252  condition of a building constitutes an immediate threat to
  253  public safety and welfare. Work on a building or structure may
  254  proceed after inspection and approval by a private provider if
  255  the provider has given notice of the inspection pursuant to
  256  subsection (9) and, subsequent to such inspection and approval,
  257  the work shall not be delayed for completion of an inspection
  258  audit by the local building code enforcement agency.
  259  
  260  ================= T I T L E  A M E N D M E N T ================
  261  And the title is amended as follows:
  262         Between lines 493 and 494
  263  insert:
  264         amending s. 553.791, F.S.; providing and revising
  265         definitions; revising legislative intent; prohibiting
  266         a local jurisdiction from charging fees for building
  267         inspections if the fee owner or contractor hires a
  268         private provider; authorizing the local jurisdiction
  269         to charge a reasonable administrative fee; revising
  270         the timeframe within which an owner or contractor must
  271         notify the building official that he or she is using a
  272         certain private provider; revising the type of
  273         affidavit form to be used by certain private providers
  274         under certain circumstances; revising the timeframe
  275         within which a building official must approve or deny
  276         a permit application; specifying the timeframe within
  277         which the local building official must issue a certain
  278         permit or notice of noncompliance if the permit
  279         applicant submits revisions; limiting a building
  280         official’s review of a resubmitted permit application
  281         to previously identified deficiencies; limiting the
  282         number of times a building official may audit a
  283         private provider, with exceptions;