Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1146
Ì4352846Î435284
LEGISLATIVE ACTION
Senate . House
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The Committee on Rules (Brodeur) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 460 - 930
4 and insert:
5 (b) The commission may issue errata to the code pursuant to
6 the rule adoption procedures in chapter 120 to list demonstrated
7 errors in provisions contained within the Florida Building Code.
8 The determination of such errors and the issuance of errata to
9 the code must be approved by a 75 percent supermajority vote of
10 the commission. For purposes of this paragraph, “errata to the
11 code” means a list of errors in current and previous editions of
12 the Florida Building Code.
13 Section 4. Subsection (7) of section 553.77, Florida
14 Statutes, is amended to read:
15 553.77 Specific powers of the commission.—
16 (7) Building officials shall recognize and enforce variance
17 orders issued by the Department of Health under s. 514.0115(9)
18 pursuant to s. 514.0115(8), including any conditions attached to
19 the granting of the variance.
20 Section 5. Paragraph (d) is added to subsection (1) of
21 section 553.79, Florida Statutes, and subsection (23) is added
22 to that section, to read:
23 553.79 Permits; applications; issuance; inspections.—
24 (1)
25 (d) A local government may not require a contract between a
26 builder and an owner for the issuance of a building permit or as
27 a requirement for the submission of a building permit
28 application.
29 (23) Notwithstanding any law, regulation or ordinance, a
30 local government may not prohibit or otherwise restrict the
31 ability of a property owner to obtain a building permit to
32 demolish and replace any single-family residential dwelling
33 located in a coastal high hazard area, moderate flood zone, or
34 special flood hazard area according to the Federal Emergency
35 Management Agency’s Flood Insurance Rate Map if the lowest floor
36 elevation of the dwelling is at or below the property’s base
37 flood elevation plus one foot pursuant to Florida Building Code
38 or pursuant to local ordinance, whichever is higher, and all
39 other Florida Building Code requirements are met. Demolition
40 permits issued under this section may only be reviewed
41 administratively for compliance with the Florida Building Code
42 and other applicable construction regulations, and are not
43 subject to any additional land development regulation or zoning
44 approval that requires a public hearing before the issuance of
45 the permit. Local governments may not impose additional
46 regulatory requirements on the replacement single-family
47 residential dwelling which would not otherwise be applicable to
48 a similarly situated vacant parcel and may not penalize the
49 owner for such demolition.
50 Section 6. Present subsections (10) through (19) of section
51 553.791, Florida Statutes, are redesignated as subsections (11)
52 through (20), respectively, a new subsection (10) and subsection
53 (21) are added to that section, and subsection (1), paragraph
54 (b) of subsection (2), subsections (3), (4), and (6), paragraphs
55 (b) and (d) of subsection (7), subsections (8) and (9), and
56 present subsections (10), (11), (12), (14), and (15) are
57 amended, to read:
58 553.791 Alternative plans review and inspection.—
59 (1) As used in this section, the term:
60 (a) “Applicable codes” means the Florida Building Code and
61 any local technical amendments to the Florida Building Code but
62 does not include the applicable minimum fire prevention and
63 firesafety codes adopted pursuant to chapter 633.
64 (b) “Audit” means the process to confirm that the building
65 code inspection services have been performed by the private
66 provider, including ensuring that the required affidavit for the
67 plan review has been properly completed and submitted with
68 affixed to the permit documents and that the minimum mandatory
69 inspections required under the building code have been performed
70 and properly recorded. The local building official may not
71 replicate the plan review or inspection being performed by the
72 private provider, unless expressly authorized by this section.
73 (c) “Building” means any construction, erection,
74 alteration, demolition, or improvement of, or addition to, any
75 structure or site work for which permitting by a local
76 enforcement agency is required.
77 (d) “Building code inspection services” means those
78 services described in s. 468.603(5) and (8) involving the review
79 of building plans as well as those services involving the review
80 of site plans and site work engineering plans or their
81 functional equivalent, to determine compliance with applicable
82 codes and those inspections required by law, conducted either in
83 person or virtually, of each phase of construction for which
84 permitting by a local enforcement agency is required to
85 determine compliance with applicable codes.
86 (e) “Deliver” or “delivery” means any method of delivery
87 used in conventional business or commercial practice, including
88 delivery by electronic transmissions.
89 (f) “Duly authorized representative” means an agent of the
90 private provider identified in the permit application who
91 reviews plans or performs inspections as provided by this
92 section and who is licensed as an engineer under chapter 471 or
93 as an architect under chapter 481 or who holds a standard
94 certificate under part XII of chapter 468.
95 (g) “Electronically posted” means providing notices of
96 decisions, results, or records, including inspection records,
97 through the use of a website or other form of electronic
98 communication used to transmit or display information.
99 (h) “Electronic signature” means any letters, characters,
100 or symbols manifested by electronic or similar means which are
101 executed or adopted by a party with an intent to authenticate a
102 writing or record.
103 (i) “Electronic transmission” or “submitted electronically”
104 means any form or process of communication not directly
105 involving the physical transfer of paper or another tangible
106 medium which is suitable for the retention, retrieval, and
107 reproduction of information by the recipient and is retrievable
108 in paper form by the receipt through an automated process. All
109 notices provided for in this section may be transmitted
110 electronically and shall have the same legal effect as if
111 physically posted or mailed.
112 (j)(f) “Immediate threat to public safety and welfare”
113 means a building code violation that, if allowed to persist,
114 constitutes an immediate hazard that could result in death,
115 serious bodily injury, or significant property damage. This
116 paragraph does not limit the authority of the local building
117 official to issue a Notice of Corrective Action at any time
118 during the construction of a building project or any portion of
119 such project if the official determines that a condition of the
120 building or portion thereof may constitute a hazard when the
121 building is put into use following completion as long as the
122 condition cited is shown to be in violation of the building code
123 or approved plans.
124 (k)(g) “Local building official” means the individual
125 within the governing jurisdiction responsible for direct
126 regulatory administration or supervision of plans review,
127 enforcement, and inspection of any construction, erection,
128 alteration, demolition, or substantial improvement of, or
129 addition to, any structure for which permitting is required to
130 indicate compliance with applicable codes and includes any duly
131 authorized designee of such person.
132 (l)(h) “Permit application” means a properly completed and
133 submitted application for the requested building or construction
134 permit, including:
135 1. The plans reviewed by the private provider.
136 2. The affidavit from the private provider required under
137 subsection (6).
138 3. Any applicable fees.
139 4. Any documents required by the local building official to
140 determine that the fee owner has secured all other government
141 approvals required by law.
142 (m)(i) “Plans” means building plans, site engineering
143 plans, or site plans, or their functional equivalent, submitted
144 by a fee owner or fee owner’s contractor to a private provider
145 or duly authorized representative for review.
146 (n)(j) “Private provider” means a person licensed as a
147 building code administrator under part XII of chapter 468, as an
148 engineer under chapter 471, or as an architect under chapter
149 481. For purposes of performing inspections under this section
150 for additions and alterations that are limited to 1,000 square
151 feet or less to residential buildings, the term “private
152 provider” also includes a person who holds a standard
153 certificate under part XII of chapter 468.
154 (o) “Qualified private provider” means a private provider
155 who has previously performed plans review and inspection
156 services in the local jurisdiction and has registered with the
157 local enforcing agency by providing the local building official
158 with the private provider’s name, firm, address, telephone
159 number, and e-mail address; his or her professional license or
160 certification number, qualification statements, or resumes; and,
161 if required by the local building official, a certificate of
162 insurance demonstrating that professional liability insurance
163 coverage is in place for the private provider’s firm, the
164 private provider, and any duly authorized representative in the
165 amounts required by this section. This information must be
166 submitted on an annual basis to the local jurisdiction in order
167 to maintain qualifying status. If at any time any of the
168 information submitted to the local jurisdiction changes, the
169 private provider must contact the local jurisdiction and update
170 the information within 10 business days after the change. The
171 local jurisdiction is required to keep a registry of active
172 qualified private providers.
173 (p)(k) “Request for certificate of occupancy or certificate
174 of completion” means a properly completed and executed
175 application for:
176 1. A certificate of occupancy or certificate of completion.
177 2. A certificate of compliance from the private provider
178 required under subsection (12) (11).
179 3. Any applicable fees.
180 4. Any documents required by the local building official to
181 determine that the fee owner has secured all other government
182 approvals required by law.
183 (q) “Single-trade inspection” means any inspection focused
184 on a single construction trade, such as plumbing, mechanical, or
185 electrical. The term includes, but is not limited to,
186 inspections of door or window replacements; fences and block
187 walls more than 6 feet high from the top of the wall to the
188 bottom of the footing; stucco or plastering; reroofing with no
189 structural alteration; HVAC replacements; ductwork or fan
190 replacements; alteration or installation of wiring, lighting,
191 and service panels; water heater changeouts; sink replacements;
192 and repiping.
193 (r)(l) “Site work” means the portion of a construction
194 project that is not part of the building structure, including,
195 but not limited to, grading, excavation, landscape irrigation,
196 and installation of driveways.
197 (s)(m) “Stop-work order” means the issuance of any written
198 statement, written directive, or written order which states the
199 reason for the order and the conditions under which the cited
200 work will be permitted to resume.
201 (2)
202 (b) If an owner or contractor retains a private provider
203 for purposes of plans review or building inspection services,
204 the local jurisdiction must reduce the permit fee by the amount
205 of cost savings realized by the local enforcement agency for not
206 having to perform such services. Such reduction may be
207 calculated on a flat fee or percentage basis, or any other
208 reasonable means by which a local enforcement agency assesses
209 the cost for its plans review or inspection services It is the
210 intent of the Legislature that owners and contractors pay
211 reduced fees related to building permitting requirements when
212 hiring a private provider for plans review and building
213 inspections. A local jurisdiction must calculate the cost
214 savings to the local enforcement agency, based on a fee owner or
215 contractor hiring a private provider to perform plans reviews
216 and building inspections in lieu of the local building official,
217 and reduce the permit fees accordingly. The local jurisdiction
218 may not charge fees for building inspections if the fee owner or
219 contractor hires a private provider to perform such services;
220 however, the local jurisdiction may charge a reasonable
221 administrative fee.
222 (3) A private provider and any duly authorized
223 representative may only perform building code inspection
224 services that are within the disciplines covered by that
225 person’s licensure or certification under chapter 468, chapter
226 471, or chapter 481, including single-trade inspections. A
227 private provider may not provide building code inspection
228 services pursuant to this section upon any building designed or
229 constructed by the private provider or the private provider’s
230 firm.
231 (4) A fee owner or the fee owner’s contractor using a
232 private provider to provide building code inspection services
233 shall notify the local building official in writing at the time
234 of permit application, or by 2 p.m. local time, 2 business days
235 before the first scheduled inspection by the local building
236 official or building code enforcement agency that for a private
237 provider has been contracted to perform the performing required
238 inspections of construction under this section, including
239 single-trade inspections, on a form to be adopted by the
240 commission. This notice shall include the following information:
241 (a) The services to be performed by the private provider.
242 (b) The name, firm, address, telephone number, and e-mail
243 address facsimile number of each private provider who is
244 performing or will perform such services, his or her
245 professional license or certification number, qualification
246 statements or resumes, and, if required by the local building
247 official, a certificate of insurance demonstrating that
248 professional liability insurance coverage is in place for the
249 private provider’s firm, the private provider, and any duly
250 authorized representative in the amounts required by this
251 section.
252
253 However, the notice is not required to include such information
254 for private providers who are qualified private providers within
255 the local jurisdiction and have renewed such designation
256 pursuant to this section.
257 (c) An acknowledgment from the fee owner in substantially
258 the following form:
259
260 I have elected to use one or more private providers to
261 provide building code plans review and/or inspection
262 services on the building or structure that is the
263 subject of the enclosed permit application, as
264 authorized by s. 553.791, Florida Statutes. I
265 understand that the local building official may not
266 review the plans submitted or perform the required
267 building inspections to determine compliance with the
268 applicable codes, except to the extent specified in
269 said law. Instead, plans review and/or required
270 building inspections will be performed by licensed or
271 certified personnel identified in the application. The
272 law requires minimum insurance requirements for such
273 personnel, but I understand that I may require more
274 insurance to protect my interests. By executing this
275 form, I acknowledge that I have made inquiry regarding
276 the competence of the licensed or certified personnel
277 and the level of their insurance and am satisfied that
278 my interests are adequately protected. I agree to
279 indemnify, defend, and hold harmless the local
280 government, the local building official, and their
281 building code enforcement personnel from any and all
282 claims arising from my use of these licensed or
283 certified personnel to perform building code
284 inspection services with respect to the building or
285 structure that is the subject of the enclosed permit
286 application.
287
288 If the fee owner or the fee owner’s contractor makes any changes
289 to the listed private providers or the services to be provided
290 by those private providers, the fee owner or the fee owner’s
291 contractor shall, within 1 business day after any change or
292 within 2 business days before the next scheduled inspection,
293 update the notice to reflect such changes. A change of a duly
294 authorized representative named in the permit application does
295 not require a revision of the permit, and the building code
296 enforcement agency shall not charge a fee for making the change.
297 In addition, the fee owner or the fee owner’s contractor shall
298 post at the project site, before the commencement of
299 construction and updated within 1 business day after any change,
300 on a form to be adopted by the commission, the name, firm,
301 address, telephone number, and facsimile number of each private
302 provider who is performing or will perform building code
303 inspection services, the type of service being performed, and
304 similar information for the primary contact of the private
305 provider on the project.
306 (6) A private provider performing plans review under this
307 section shall review the plans to determine compliance with the
308 applicable codes. Upon determining that the plans reviewed
309 comply with the applicable codes, the private provider shall
310 prepare an affidavit or affidavits on a form reasonably
311 acceptable to the commission certifying, under oath, that the
312 following is true and correct to the best of the private
313 provider’s knowledge and belief:
314 (a) The plans were reviewed by the affiant, who is duly
315 authorized to perform plans review pursuant to this section and
316 holds the appropriate license or certificate.
317 (b) The plans comply with the applicable codes.
318
319 Such affidavit may bear a written or electronic signature and
320 may be submitted electronically to the local building official.
321 (7)
322 (b) If the local building official provides a written
323 notice of plan deficiencies to the permit applicant within the
324 prescribed 20-day period, the 20-day period shall be tolled
325 pending resolution of the matter. To resolve the plan
326 deficiencies, the permit applicant may elect to dispute the
327 deficiencies pursuant to subsection (14) (13) or to submit
328 revisions to correct the deficiencies.
329 (d) If the local building official provides a second
330 written notice of plan deficiencies to the permit applicant
331 within the prescribed time period, the permit applicant may
332 elect to dispute the deficiencies pursuant to subsection (14)
333 (13) or to submit additional revisions to correct the
334 deficiencies. For all revisions submitted after the first
335 revision, the local building official has an additional 5
336 business days from the date of resubmittal to issue the
337 requested permit or to provide a written notice to the permit
338 applicant stating which of the previously identified plan
339 features remain in noncompliance with the applicable codes, with
340 specific reference to the relevant code chapters and sections.
341 (8) A private provider performing required inspections
342 under this section shall inspect each phase of construction as
343 required by the applicable codes. Such inspection may be
344 performed in-person or virtually. The private provider may have
345 shall be permitted to send a duly authorized representative to
346 the building site to perform the required inspections, provided
347 all required reports are prepared by and bear the written or
348 electronic signature of the private provider or the private
349 provider’s duly authorized representative. The duly authorized
350 representative must be an employee of the private provider
351 entitled to receive reemployment assistance benefits under
352 chapter 443. The contractor’s contractual or legal obligations
353 are not relieved by any action of the private provider.
354 (9) A private provider performing required inspections
355 under this section shall provide notice to the local building
356 official of the date and approximate time of any such inspection
357 no later than the prior business day by 2 p.m. local time or by
358 any later time permitted by the local building official in that
359 jurisdiction. The local building official may not prohibit the
360 private provider from performing any inspection outside the
361 local building official’s normal operating hours, including
362 after hours, weekends, or holidays. The local building official
363 may visit the building site as often as necessary to verify that
364 the private provider is performing all required inspections. A
365 deficiency notice must be posted at the job site by the private
366 provider, the duly authorized representative of the private
367 provider, or the building department whenever a noncomplying
368 item related to the building code or the permitted documents is
369 found. Such notice may be physically posted at the job site or
370 electronically posted. After corrections are made, the item must
371 be reinspected by the private provider or representative before
372 being concealed. Reinspection or reaudit fees shall not be
373 charged by the local jurisdiction as a result of the local
374 jurisdiction’s audit inspection occurring before the performance
375 of the private provider’s inspection or for any other
376 administrative matter not involving the detection of a violation
377 of the building code or a permit requirement.
378 (10) If equipment replacements and repairs must be
379 performed in an emergency situation, subject to the emergency
380 permitting provisions of the Florida Building Code, a private
381 provider may perform emergency inspection services without first
382 notifying the local building official pursuant to subsection
383 (9). A private provider must conduct the inspection within 3
384 business days after being contacted to conduct an emergency
385 inspection and must submit the inspection report to the local
386 building official within 1 day after the inspection is
387 completed.
388 (11)(10) Upon completing the required inspections at each
389 applicable phase of construction, the private provider shall
390 record such inspections on a form acceptable to the local
391 building official. The form must bear the written or electronic
392 signature of be signed by the provider or the provider’s duly
393 authorized representative. These inspection records shall
394 reflect those inspections required by the applicable codes of
395 each phase of construction for which permitting by a local
396 enforcement agency is required. The private provider, upon
397 completion of the required inspection before leaving the project
398 site, shall post each completed inspection record, indicating
399 pass or fail, at the site and provide the record to the local
400 building official within 2 business days. Such inspection record
401 may be electronically posted by the private provider or the
402 private provider may post such inspection record physically at
403 the project site. The private provider may electronically
404 transmit the record to the local building official. The local
405 building official may waive the requirement to provide a record
406 of each inspection within 2 business days if the record is
407 electronically posted or posted at the project site and all such
408 inspection records are submitted with the certificate of
409 compliance. Unless the records have been electronically posted,
410 records of all required and completed inspections shall be
411 maintained at the building site at all times and made available
412 for review by the local building official. The private provider
413 shall report to the local enforcement agency any condition that
414 poses an immediate threat to public safety and welfare.
415 (12)(11) Upon completion of all required inspections, the
416 private provider shall prepare a certificate of compliance, on a
417 form acceptable to the local building official, summarizing the
418 inspections performed and including a written representation,
419 under oath, that the stated inspections have been performed and
420 that, to the best of the private provider’s knowledge and
421 belief, the building construction inspected complies with the
422 approved plans and applicable codes. The statement required of
423 the private provider shall be substantially in the following
424 form and shall be signed and sealed by a private provider as
425 established in subsection (1) or may be electronically
426 transmitted to the local building official:
427
428 To the best of my knowledge and belief, the building
429 components and site improvements outlined herein and
430 inspected under my authority have been completed in
431 conformance with the approved plans and the applicable
432 codes.
433
434 (13)(12) No more than 2 business days after receipt of a
435 request for a certificate of occupancy or certificate of
436 completion and the applicant’s presentation of a certificate of
437 compliance and approval of all other government approvals
438 required by law, the local building official shall issue the
439 certificate of occupancy or certificate of completion or provide
440 a notice to the applicant identifying the specific deficiencies,
441 as well as the specific code chapters and sections. If the local
442 building official does not provide notice of the deficiencies
443 within the prescribed 2-day period, the request for a
444 certificate of occupancy or certificate of completion shall be
445 deemed granted and the certificate of occupancy or certificate
446 of completion shall be issued by the local building official on
447 the next business day. To resolve any identified deficiencies,
448 the applicant may elect to dispute the deficiencies pursuant to
449 subsection (14) (13) or to submit a corrected request for a
450 certificate of occupancy or certificate of completion.
451 (15)(14) For the purposes of this section, any notice to be
452 provided by the local building official shall be deemed to be
453 provided to the person or entity when successfully transmitted
454 to the e-mail address facsimile number listed for that person or
455 entity in the permit application or revised permit application,
456 or, if no e-mail address facsimile number is stated, when
457 actually received by that person or entity.
458 (16)(a)(15)(a) A local enforcement agency, local building
459 official, or local government may not adopt or enforce any laws,
460 rules, procedures, policies, qualifications, or standards more
461 stringent than those prescribed by this section.
462 (b) A local enforcement agency, local building official, or
463 local government may establish, for private providers and duly
464 authorized representatives working within that jurisdiction, a
465 system of registration to verify compliance with the licensure
466 requirements of paragraph (1)(n) (1)(j) and the insurance
467 requirements of subsection (17). Such registration must be
468 distinct from the registry of qualified private providers (16).
469 (c) This section does not limit the authority of the local
470 building official to issue a stop-work order for a building
471 project or any portion of the project, as provided by law, if
472 the official determines that a condition on the building site
473 constitutes an immediate threat to public safety and welfare.
474 (21) Notwithstanding any other law, a county, a
475 municipality, a school district, or an independent special
476 district may elect to use a private provider to provide building
477 code inspection services for a public works project, an
478 improvement, a building, or any other structure that is owned by
479 the county, municipality, school district, or independent
480 special district.
481 Section 7. Paragraph (a) of subsection (8) and subsection
482 (14) of section 553.842, Florida Statutes, are amended to read:
483 553.842 Product evaluation and approval.—
484 (8) The commission may adopt rules to approve the following
485 types of entities that produce information on which product
486 approvals are based. All of the following entities, including
487 engineers and architects, must comply with a nationally
488 recognized standard demonstrating independence or no conflict of
489 interest:
490 (a) Evaluation entities approved under pursuant to this
491 paragraph or that meet the criteria for approval adopted by the
492 commission by rule. The commission shall specifically approve
493 the National Evaluation Service, the International Association
494 of Plumbing and Mechanical Officials Evaluation Service, the
495 International Code Council Evaluation Services, Underwriters
496 Laboratories, LLC, Intertek Testing Services NA, Inc., and the
497 Miami-Dade County Building Code Compliance Office Product
498 Control Division. Architects and engineers licensed in this
499 state are also approved to conduct product evaluations as
500 provided in subsection (5).
501 (14) The commission shall by rule establish criteria for
502 revocation of product approvals as well as suspension revocation
503 of approvals of product evaluation entities, including those
504 approved pursuant to paragraph (8)(a), and suspension or
505 revocation of approvals of testing laboratories, quality
506 assurance entities, certification agencies, and validation
507 entities. Suspension and revocation is governed by s. 120.60 and
508 the uniform rules of procedure.
509
510 ================= T I T L E A M E N D M E N T ================
511 And the title is amended as follows:
512 Delete lines 47 - 81
513 and insert:
514 of a building permit; prohibiting local governments
515 from taking certain actions relating to building
516 permits to demolish and replace single-family
517 residential dwellings located in certain flood zones;
518 providing requirements for such permits; amending s.
519 553.791, F.S.; revising and defining terms; providing
520 requirements for qualified private providers;
521 requiring local jurisdictions to reduce permit fees
522 under certain circumstances; deleting legislative
523 intent; specifying that contractors using private
524 providers to provide building code inspections
525 services must notify local building officials in
526 writing; revising notice requirements; deleting a
527 provision requiring fee owners or fee owners’
528 contractors to post certain information at a project
529 site before commencing construction; authorizing
530 certain affidavits to be signed with electronic
531 signatures and be submitted to local building
532 officials electronically; authorizing certain
533 inspections to be performed in-person or virtually;
534 authorizing certain reports to be signed with
535 electronic signatures; authorizing certain notices to
536 be electronically posted; authorizing private
537 providers to perform certain replacements and repairs
538 without first notifying local building officials under
539 certain circumstances; authorizing certain forms to be
540 signed with electronic signatures; authorizing certain
541 inspection records to be electronically posted and
542 electronically submitted to local building officials;
543 authorizing certificates of compliance to be
544 electronically transmitted to local building
545 officials; specifying that a certain registry must be
546 distinct from the registry of qualified private
547 providers; conforming provisions to changes made by
548 the act; authorizing a county, a municipality, a
549 school district, or an independent special district to
550 use a private provider to provide building code
551 inspection services for certain purposes; amending s.
552 553.842, F.S.; requiring evaluation entities that meet
553 certain criteria to comply with certain standards;
554 revising rulemaking requirements relating to
555 suspensions and revocations by the commission;
556 specifying that suspensions are governed by specified
557 provisions;