Florida Senate - 2021 CS for CS for SB 1146
By the Committees on Appropriations; and Community Affairs; and
Senators Brodeur and Perry
576-04235-21 20211146c2
1 A bill to be entitled
2 An act relating to the Florida Building Code; amending
3 s. 381.0065, F.S.; authorizing fee owners or fee
4 owners’ contractors to select private providers to
5 provide inspection services for onsite sewage
6 treatment and disposal systems if certain requirements
7 are met; providing legislative intent; requiring the
8 Department of Health to reduce certain permit fees;
9 prohibiting the department from charging inspection
10 fees if the fee owner or contractor hires a private
11 provider to perform an inspection; providing
12 requirements for private providers or duly authorized
13 representatives of private providers performing such
14 inspections; requiring fee owners or contractors to
15 provide specified notice to the department when using
16 a private provider for such inspections; providing
17 requirements for the contents of such notice;
18 prohibiting the department from charging a fee for
19 changing the duly authorized representative named in a
20 permit application; authorizing the department to
21 audit the performance of private providers; providing
22 requirements relating to work on a building, a
23 structure, or an onsite sewage treatment and disposal
24 system relating to such audits; amending s. 514.0115,
25 F.S.; prohibiting the Department of Health from
26 requiring that pools serving assisted living
27 facilities be compliant with rules relating to
28 swimming pool lifeguards; amending s. 553.73, F.S.;
29 authorizing a substantially affected person to file a
30 petition with the Florida Building Commission to
31 review certain local government regulations, laws,
32 ordinances, policies, amendments, or land use or
33 zoning provisions; defining the term “local
34 government”; providing requirements for the petition
35 and commission; requiring the commission to issue a
36 nonbinding advisory opinion within a specified
37 timeframe; prohibiting a municipality, county, or
38 special district from using preliminary maps issued by
39 the Federal Emergency Management Agency for certain
40 purposes relating to land use changes; authorizing the
41 commission to issue errata to the code; defining the
42 term “errata to the code”; making technical changes;
43 amending s. 553.77, F.S.; conforming a cross
44 reference; amending s. 553.79, F.S.; prohibiting a
45 local government from requiring certain contracts for
46 the application for or issuance
47 of a building permit; amending s. 553.791, F.S.;
48 revising and defining terms; providing requirements
49 for qualified private providers; requiring local
50 jurisdictions to reduce permit fees under certain
51 circumstances; deleting legislative intent; specifying
52 that contractors using private providers to provide
53 building code inspections services must notify local
54 building officials in writing; revising notice
55 requirements; deleting a provision requiring fee
56 owners or fee owners’ contractors to post certain
57 information at a project site before commencing
58 construction; authorizing certain affidavits to be
59 signed with electronic signatures and be submitted to
60 local building officials electronically; authorizing
61 certain inspections to be performed in-person or
62 virtually; authorizing certain reports to be signed
63 with electronic signatures; authorizing certain
64 notices to be electronically posted; authorizing
65 private providers to perform certain replacements and
66 repairs without first notifying local building
67 officials under certain circumstances; authorizing
68 certain forms to be signed with electronic signatures;
69 authorizing certain inspection records to be
70 electronically posted and electronically submitted to
71 local building officials; authorizing certificates of
72 compliance to be electronically transmitted to local
73 building officials; specifying that a certain registry
74 must be distinct from the registry of qualified
75 private providers; conforming provisions to changes
76 made by the act; authorizing a county, a municipality,
77 a school district, or an independent special district
78 to use a private provider to provide building code
79 inspection services for certain purposes; amending s.
80 553.842, F.S.; requiring evaluation entities that meet
81 certain criteria to comply with certain standards;
82 amending ss. 125.01 and 125.56, F.S.; conforming
83 cross-references; making technical changes; providing
84 an effective date.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Subsection (8) is added to section 381.0065,
89 Florida Statutes, to read:
90 381.0065 Onsite sewage treatment and disposal systems;
91 regulation.—
92 (8) PRIVATE PROVIDER INSPECTION SERVICES.—
93 (a) Notwithstanding any other law, ordinance, or policy,
94 the fee owner of an onsite sewage treatment and disposal system,
95 or the fee owner’s contractor upon written authorization from
96 the fee owner, may select a private provider to provide
97 inspection services for onsite sewage treatment and disposal
98 systems and may pay the private provider directly for such
99 services if such services are the subject of a written contract
100 between the private provider, or the private provider’s firm,
101 and the fee owner or the fee owner’s contractor, upon written
102 authorization of the fee owner.
103 (b) It is the intent of the Legislature that owners and
104 contractors pay reduced fees related to onsite sewage treatment
105 disposal system inspections when selecting a private provider to
106 provide such inspections. The department must calculate the cost
107 savings to the department based on a fee owner or contractor
108 hiring a private provider to perform inspections in lieu of the
109 department and reduce permit fees accordingly. The department
110 may not charge fees for an inspection if the fee owner or
111 contractor hires a private provider to perform the inspection.
112 (c) Onsite sewage treatment and disposal system inspection
113 services may be performed only by a private provider or a duly
114 authorized representative of a private provider within the
115 disciplines covered under such person’s licensure or if the
116 person is certified under s. 381.0101, is a master septic
117 contractor licensed pursuant to chapter 489, is a professional
118 engineer who has passed all three parts of the OSTDS Accelerated
119 Certification Training, or is a person working as staff under
120 the supervision of a licensed professional engineer and has
121 passed all three parts of the OSTDS Accelerated Certification
122 Training.
123 (d)1. A fee owner or the fee owner’s contractor using a
124 private provider for onsite sewage treatment and disposal system
125 inspection services must provide notice to the department at the
126 time of permit application, or by 2 p.m. local time, 2 business
127 days before the first scheduled inspection by the department.
128 The notice must include the following information:
129 a. The name, firm, address, telephone number, and e-mail
130 address of each private provider who is performing or will
131 perform such services, the private provider’s professional
132 license or certification number, and qualification statements or
133 resumes for each private provider; and
134 b. 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 onsite sewage treatment and disposal system
139 inspection services that are the subject of the
140 enclosed permit application. I understand that the
141 department may not perform the required onsite sewage
142 treatment and disposal system inspections to determine
143 compliance with the applicable codes, except to the
144 extent authorized by law. Instead, inspections will be
145 performed by the licensed or certified personnel
146 identified in the application. By executing this form,
147 I acknowledge that I have made inquiry regarding the
148 competence of the licensed or certified personnel and
149 am satisfied that my interests are adequately
150 protected. I agree to indemnify, defend, and hold
151 harmless the department from any and all claims
152 arising from my use of these licensed or certified
153 personnel to perform onsite sewage treatment and
154 disposable system inspections with respect to the
155 onsite sewage treatment and disposable system that are
156 the subject of the enclosed permit application.
157
158 2. If the fee owner or the fee owner’s contractor makes any
159 changes to the listed private providers or the services to be
160 provided by the private providers, the fee owner or the fee
161 owner’s contractor must update the notice to reflect the change
162 within 1 business day after the change. A change of a duly
163 authorized representative named in the permit application does
164 not require a revision of the permit and the department may not
165 charge a fee for making such change.
166 (e) The department may audit the performance of onsite
167 sewage treatment and disposal system inspection services by
168 private providers. However, the same private provider may not be
169 audited more than four times in a month unless the department
170 determines that an onsite sewage treatment and disposal system
171 inspected by the private provider should not have passed
172 inspection. Work on a building, a structure, or an onsite sewage
173 treatment and disposal system may proceed after inspection and
174 approval by a private provider if the fee owner or fee owner’s
175 contractor has given notice of the inspection pursuant to
176 subsection (4) and, subsequent to such inspection and approval,
177 may not be delayed for completion of an inspection audit by the
178 department.
179 Section 2. Present subsections (3) through (8) of section
180 514.0115, Florida Statutes, are redesignated as subsections (4)
181 through (9), respectively, and a new subsection (3) is added to
182 that section, to read:
183 514.0115 Exemptions from supervision or regulation;
184 variances.—
185 (3) The department may not require compliance with rules
186 relating to swimming pool lifeguard standards for pools serving
187 assisted living facilities.
188 Section 3. Subsections (4), (5), and (8) of section 553.73,
189 Florida Statutes, are amended to read:
190 553.73 Florida Building Code.—
191 (4)(a) All entities authorized to enforce the Florida
192 Building Code under pursuant to s. 553.80 shall comply with
193 applicable standards for issuance of mandatory certificates of
194 occupancy, minimum types of inspections, and procedures for
195 plans review and inspections as established by the commission by
196 rule. Local governments may adopt amendments to the
197 administrative provisions of the Florida Building Code, subject
198 to the limitations in of this subsection paragraph. Local
199 amendments must shall be more stringent than the minimum
200 standards described in this section herein and must shall be
201 transmitted to the commission within 30 days after enactment.
202 The local government shall make such amendments available to the
203 general public in a usable format. The State Fire Marshal is
204 responsible for establishing the standards and procedures
205 required in this subsection paragraph for governmental entities
206 with respect to applying the Florida Fire Prevention Code and
207 the Life Safety Code.
208 (b) Local governments may, subject to the limitations in of
209 this section and not more than once every 6 months, adopt
210 amendments to the technical provisions of the Florida Building
211 Code that which apply solely within the jurisdiction of such
212 government and that which provide for more stringent
213 requirements than those specified in the Florida Building Code,
214 not more than once every 6 months. A local government may adopt
215 technical amendments that address local needs if:
216 1. The local governing body determines, following a public
217 hearing which has been advertised in a newspaper of general
218 circulation at least 10 days before the hearing, that there is a
219 need to strengthen the requirements of the Florida Building
220 Code. The determination must be based upon a review of local
221 conditions by the local governing body, which review
222 demonstrates by evidence or data that the geographical
223 jurisdiction governed by the local governing body exhibits a
224 local need to strengthen the Florida Building Code beyond the
225 needs or regional variation addressed by the Florida Building
226 Code, that the local need is addressed by the proposed local
227 amendment, and that the amendment is no more stringent than
228 necessary to address the local need.
229 2. Such additional requirements are not discriminatory
230 against materials, products, or construction techniques of
231 demonstrated capabilities.
232 3. Such additional requirements may not introduce a new
233 subject not addressed in the Florida Building Code.
234 (c)4. The enforcing agency shall make readily available, in
235 a usable format, all amendments adopted under pursuant to this
236 section.
237 (d)5. Any amendment to the Florida Building Code shall be
238 transmitted within 30 days after adoption by the adopting local
239 government to the commission. The commission shall maintain
240 copies of all such amendments in a format that is usable and
241 obtainable by the public. Local technical amendments are shall
242 not become effective until 30 days after the amendment has been
243 received and published by the commission.
244 (e)6. An Any amendment to the Florida Building Code adopted
245 by a local government under pursuant to this subsection is
246 paragraph shall be effective only until the adoption by the
247 commission of the new edition of the Florida Building Code by
248 the commission every third year. At such time, the commission
249 shall review such amendment for consistency with the criteria in
250 paragraph (9)(a) and adopt such amendment as part of the Florida
251 Building Code or rescind the amendment. The commission shall
252 immediately notify the respective local government of the
253 rescission of any amendment. After receiving such notice, the
254 respective local government may readopt the rescinded amendment
255 under pursuant to the provisions of this subsection paragraph.
256 (f)7. Each county and municipality desiring to make local
257 technical amendments to the Florida Building Code shall by
258 interlocal agreement establish by interlocal agreement a
259 countywide compliance review board to review any amendment to
260 the Florida Building Code that is, adopted by a local government
261 within the county under pursuant to this subsection and
262 paragraph, that is challenged by a any substantially affected
263 party for purposes of determining the amendment’s compliance
264 with this subsection paragraph. If challenged, the local
265 technical amendments are shall not become effective until the
266 time for filing an appeal under paragraph (g) pursuant to
267 subparagraph 8. has expired or, if there is an appeal, until the
268 commission issues its final order determining if the adopted
269 amendment is in compliance with this subsection.
270 (g)8. If the compliance review board determines such
271 amendment is not in compliance with this subsection paragraph,
272 the compliance review board shall notify such local government
273 of the noncompliance and that the amendment is invalid and
274 unenforceable until the local government corrects the amendment
275 to bring it into compliance. The local government may appeal the
276 decision of the compliance review board to the commission. If
277 the compliance review board determines that such amendment is to
278 be in compliance with this subsection paragraph, any
279 substantially affected party may appeal such determination to
280 the commission. Any such appeal must shall be filed with the
281 commission within 14 days after of the board’s written
282 determination. The commission shall promptly refer the appeal to
283 the Division of Administrative Hearings by electronic means
284 through the division’s website for the assignment of an
285 administrative law judge. The administrative law judge shall
286 conduct the required hearing within 30 days after being assigned
287 to the appeal, and shall enter a recommended order within 30
288 days after of the conclusion of such hearing. The commission
289 shall enter a final order within 30 days after an order is
290 rendered thereafter. The provisions of Chapter 120 and the
291 uniform rules of procedure shall apply to such proceedings. The
292 local government adopting the amendment that is subject to
293 challenge has the burden of proving that the amendment complies
294 with this subsection paragraph in proceedings before the
295 compliance review board and the commission, as applicable.
296 Actions of the commission are subject to judicial review under
297 pursuant to s. 120.68. The compliance review board shall
298 determine whether its decisions apply to a respective local
299 jurisdiction or apply countywide.
300 (h)9. An amendment adopted under this subsection paragraph
301 must shall include a fiscal impact statement that which
302 documents the costs and benefits of the proposed amendment.
303 Criteria for the fiscal impact statement shall include the
304 impact to local government relative to enforcement and, the
305 impact to property and building owners and, as well as to
306 industry, relative to the cost of compliance. The fiscal impact
307 statement may not be used as a basis for challenging the
308 amendment for compliance.
309 (i)10. In addition to paragraphs (f) and (g) subparagraphs
310 7. and 9., the commission may review any amendments adopted
311 under pursuant to this subsection and make nonbinding
312 recommendations related to compliance of such amendments with
313 this subsection.
314 (j)(c) Any amendment adopted by a local enforcing agency
315 under pursuant to this subsection may shall not apply to state
316 or school district owned buildings, manufactured buildings or
317 factory-built school buildings approved by the commission, or
318 prototype buildings approved under pursuant to s. 553.77(3). The
319 respective responsible entities shall consider the physical
320 performance parameters substantiating such amendments when
321 designing, specifying, and constructing such exempt buildings.
322 (k)(d) A technical amendment to the Florida Building Code
323 related to water conservation practices or design criteria
324 adopted by a local government under pursuant to this subsection
325 is not rendered void when the code is updated if the technical
326 amendment is necessary to protect or provide for more efficient
327 use of water resources as provided in s. 373.621. However, any
328 such technical amendment carried forward into the next edition
329 of the code under pursuant to this paragraph is subject to
330 review or modification as provided in this part.
331 (l) If a local government adopts a regulation, law,
332 ordinance, policy, amendment, or land use or zoning provision
333 without using the process established in this subsection, and a
334 substantially affected person considers such regulation, law,
335 ordinance, policy, amendment, or land use or zoning provision to
336 be a technical amendment to the Florida Building Code, then the
337 substantially affected person may submit a petition to the
338 commission for a nonbinding advisory opinion. If a substantially
339 affected person submits a request in accordance with this
340 paragraph, the commission shall issue a nonbinding advisory
341 opinion stating whether or not the commission interprets the
342 regulation, law, ordinance, policy, amendment, or land use or
343 zoning provision as a technical amendment to the Florida
344 Building Code. As used in this paragraph, the term “local
345 government” means a county, municipality, special district, or
346 political subdivision of the state.
347 1. Requests to review a local government regulation, law,
348 ordinance, policy, amendment, or land use or zoning provision
349 may be initiated by any substantially affected person. A
350 substantially affected person includes an owner or builder
351 subject to the regulation, law, ordinance, policy, amendment, or
352 land use or zoning provision, or an association of owners or
353 builders having members who are subject to the regulation, law,
354 ordinance, policy, amendment, or land use or zoning provision.
355 2. In order to initiate a review, a substantially affected
356 person must file a petition with the commission. The commission
357 shall adopt a form for the petition and directions for filing,
358 which shall be published on the Building Code Information
359 System. The form shall, at a minimum, require the following:
360 a. The name of the local government that enacted the
361 regulation, law, ordinance, policy, amendment, or land use or
362 zoning provision.
363 b. The name and address of the local government’s general
364 counsel or administrator.
365 c. The name, address, and telephone number of the
366 petitioner; the name, address, and telephone number of the
367 petitioner’s representative, if any; and an explanation of how
368 the petitioner’s substantial interests are being affected by the
369 regulation, law, ordinance, policy, amendment, or land use or
370 zoning provision.
371 d. A statement explaining why the regulation, law,
372 ordinance, policy, amendment, or land use or zoning provision is
373 a technical amendment to the Florida Building Code, and which
374 provisions of the Florida Building Code, if any, are being
375 amended by the regulation, law, ordinance, policy, amendment, or
376 land use or zoning provision.
377 3. The petitioner shall serve the petition on the local
378 government’s general counsel or administrator by certified mail,
379 return receipt requested, and send a copy of the petition to the
380 commission, in accordance with the commission’s published
381 directions. The local government shall respond to the petition
382 in accordance with the form by certified mail, return receipt
383 requested, and send a copy of its response to the commission,
384 within 14 days after receipt of the petition, including
385 Saturdays, Sundays, and legal holidays.
386 4. Upon receipt of a petition that meets the requirements
387 of this paragraph, the commission shall publish the petition,
388 including any response submitted by the local government, on the
389 Building Code Information System in a manner that allows
390 interested persons to address the issues by posting comments.
391 5. Before issuing an advisory opinion, the commission shall
392 consider the petition, the response, and any comments posted on
393 the Building Code Information System. The commission may also
394 provide the petition, the response, and any comments posted on
395 the Building Code Information System to a technical advisory
396 committee, and may consider any recommendation provided by the
397 technical advisory committee. The commission shall issue an
398 advisory opinion stating whether the regulation, law, ordinance,
399 policy, amendment, or land use or zoning provision is a
400 technical amendment to the Florida Building Code within 30 days
401 after the filing of the petition, including Saturdays, Sundays,
402 and legal holidays. The commission shall publish its advisory
403 opinion on the Building Code Information System and in the
404 Florida Administrative Register. The commission’s advisory
405 opinion is nonbinding and is not a declaratory statement under
406 s. 120.565.
407 (5) Notwithstanding subsection (4), counties and
408 municipalities may adopt by ordinance an administrative or
409 technical amendment to the Florida Building Code relating to
410 flood resistance in order to implement the National Flood
411 Insurance Program or incentives. Specifically, an administrative
412 amendment may assign the duty to enforce all or portions of
413 flood-related code provisions to the appropriate agencies of the
414 local government and adopt procedures for variances and
415 exceptions from flood-related code provisions other than
416 provisions for structures seaward of the coastal construction
417 control line consistent with the requirements in 44 C.F.R. s.
418 60.6. A technical amendment is authorized to the extent it is
419 more stringent than the code. A technical amendment is not
420 subject to the requirements of subsection (4) and may not be
421 rendered void when the code is updated if the amendment is
422 adopted for the purpose of participating in the Community Rating
423 System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
424 had already been adopted by local ordinance prior to July 1,
425 2010, or the amendment requires a design flood elevation above
426 the base flood elevation. Any amendment adopted pursuant to this
427 subsection shall be transmitted to the commission within 30 days
428 after being adopted. A municipality, county, or special district
429 may not use preliminary maps issued by the Federal Emergency
430 Management Agency for any law, ordinance, rule, or other measure
431 that has the effect of imposing land use changes.
432 (8) Notwithstanding subsection (3) or subsection (7), the
433 commission may address issues identified in this subsection by
434 amending the code under pursuant to the rule adoption procedures
435 in chapter 120. Updates to the Florida Building Code, including
436 provisions contained in referenced standards and criteria which
437 relate to wind resistance or the prevention of water intrusion,
438 may not be amended under pursuant to this subsection to diminish
439 those standards; however, the commission may amend the Florida
440 Building Code to enhance such standards. Following the approval
441 of any amendments to the Florida Building Code by the commission
442 and publication of the amendments on the commission’s website,
443 authorities having jurisdiction to enforce the Florida Building
444 Code may enforce the amendments.
445 (a) The commission may approve amendments that are needed
446 to address:
447 1.(a) Conflicts within the updated code;
448 2.(b) Conflicts between the updated code and the Florida
449 Fire Prevention Code adopted under pursuant to chapter 633;
450 3.(c) Unintended results from the integration of previously
451 adopted amendments with the model code;
452 4.(d) Equivalency of standards;
453 5.(e) Changes to or inconsistencies with federal or state
454 law; or
455 6.(f) Adoption of an updated edition of the National
456 Electrical Code if the commission finds that delay of
457 implementing the updated edition causes undue hardship to
458 stakeholders or otherwise threatens the public health, safety,
459 and welfare.
460 (b) The commission may issue errata to the code to correct
461 demonstrated errors in provisions contained within the Florida
462 Building Code. The determination of such errors and the issuance
463 of errata to the code must be approved by a 75 percent
464 supermajority vote of the commission. For purposes of this
465 paragraph, “errata to the code” means a list of errors in
466 current and previous editions of the Florida Building Code.
467 Section 4. Subsection (7) of section 553.77, Florida
468 Statutes, is amended to read:
469 553.77 Specific powers of the commission.—
470 (7) Building officials shall recognize and enforce variance
471 orders issued by the Department of Health under s. 514.0115(9)
472 pursuant to s. 514.0115(8), including any conditions attached to
473 the granting of the variance.
474 Section 5. Paragraph (d) is added to subsection (1) of
475 section 553.79, Florida Statutes, to read:
476 553.79 Permits; applications; issuance; inspections.—
477 (1)
478 (d) A local government may not require a contract between a
479 builder and an owner for the issuance of a building permit or as
480 a requirement for the submission of a building permit
481 application.
482 Section 6. Present subsections (10) through (19) of section
483 553.791, Florida Statutes, are redesignated as subsections (11)
484 through (20), respectively, a new subsection (10) and subsection
485 (21) are added to that section, and subsection (1), paragraph
486 (b) of subsection (2), subsections (3), (4), and (6), paragraphs
487 (b) and (d) of subsection (7), subsections (8) and (9), and
488 present subsections (10), (11), (12), (14), and (15) are
489 amended, to read:
490 553.791 Alternative plans review and inspection.—
491 (1) As used in this section, the term:
492 (a) “Applicable codes” means the Florida Building Code and
493 any local technical amendments to the Florida Building Code but
494 does not include the applicable minimum fire prevention and
495 firesafety codes adopted pursuant to chapter 633.
496 (b) “Audit” means the process to confirm that the building
497 code inspection services have been performed by the private
498 provider, including ensuring that the required affidavit for the
499 plan review has been properly completed and submitted with
500 affixed to the permit documents and that the minimum mandatory
501 inspections required under the building code have been performed
502 and properly recorded. The local building official may not
503 replicate the plan review or inspection being performed by the
504 private provider, unless expressly authorized by this section.
505 (c) “Building” means any construction, erection,
506 alteration, demolition, or improvement of, or addition to, any
507 structure or site work for which permitting by a local
508 enforcement agency is required.
509 (d) “Building code inspection services” means those
510 services described in s. 468.603(5) and (8) involving the review
511 of building plans as well as those services involving the review
512 of site plans and site work engineering plans or their
513 functional equivalent, to determine compliance with applicable
514 codes and those inspections required by law, conducted either in
515 person or virtually, of each phase of construction for which
516 permitting by a local enforcement agency is required to
517 determine compliance with applicable codes.
518 (e) “Deliver” or “delivery” means any method of delivery
519 used in conventional business or commercial practice, including
520 delivery by electronic transmissions.
521 (f) “Duly authorized representative” means an agent of the
522 private provider identified in the permit application who
523 reviews plans or performs inspections as provided by this
524 section and who is licensed as an engineer under chapter 471 or
525 as an architect under chapter 481 or who holds a standard
526 certificate under part XII of chapter 468.
527 (g) “Electronically posted” means providing notices of
528 decisions, results, or records, including inspection records,
529 through the use of a website or other form of electronic
530 communication used to transmit or display information.
531 (h) “Electronic signature” means any letters, characters,
532 or symbols manifested by electronic or similar means which are
533 executed or adopted by a party with an intent to authenticate a
534 writing or record.
535 (i) “Electronic transmission” or “submitted electronically”
536 means any form or process of communication not directly
537 involving the physical transfer of paper or another tangible
538 medium which is suitable for the retention, retrieval, and
539 reproduction of information by the recipient and is retrievable
540 in paper form by the receipt through an automated process. All
541 notices provided for in this section may be transmitted
542 electronically and shall have the same legal effect as if
543 physically posted or mailed.
544 (j)(f) “Immediate threat to public safety and welfare”
545 means a building code violation that, if allowed to persist,
546 constitutes an immediate hazard that could result in death,
547 serious bodily injury, or significant property damage. This
548 paragraph does not limit the authority of the local building
549 official to issue a Notice of Corrective Action at any time
550 during the construction of a building project or any portion of
551 such project if the official determines that a condition of the
552 building or portion thereof may constitute a hazard when the
553 building is put into use following completion as long as the
554 condition cited is shown to be in violation of the building code
555 or approved plans.
556 (k)(g) “Local building official” means the individual
557 within the governing jurisdiction responsible for direct
558 regulatory administration or supervision of plans review,
559 enforcement, and inspection of any construction, erection,
560 alteration, demolition, or substantial improvement of, or
561 addition to, any structure for which permitting is required to
562 indicate compliance with applicable codes and includes any duly
563 authorized designee of such person.
564 (l)(h) “Permit application” means a properly completed and
565 submitted application for the requested building or construction
566 permit, including:
567 1. The plans reviewed by the private provider.
568 2. The affidavit from the private provider required under
569 subsection (6).
570 3. Any applicable fees.
571 4. Any documents required by the local building official to
572 determine that the fee owner has secured all other government
573 approvals required by law.
574 (m)(i) “Plans” means building plans, site engineering
575 plans, or site plans, or their functional equivalent, submitted
576 by a fee owner or fee owner’s contractor to a private provider
577 or duly authorized representative for review.
578 (n)(j) “Private provider” means a person licensed as a
579 building code administrator under part XII of chapter 468, as an
580 engineer under chapter 471, or as an architect under chapter
581 481. For purposes of performing inspections under this section
582 for additions and alterations that are limited to 1,000 square
583 feet or less to residential buildings, the term “private
584 provider” also includes a person who holds a standard
585 certificate under part XII of chapter 468.
586 (o) “Qualified private provider” means a private provider
587 who has previously performed plans review and inspection
588 services in the local jurisdiction and has registered with the
589 local enforcing agency by providing the local building official
590 with the private provider’s name, firm, address, telephone
591 number, and e-mail address; his or her professional license or
592 certification number, qualification statements, or resumes; and,
593 if required by the local building official, a certificate of
594 insurance demonstrating that professional liability insurance
595 coverage is in place for the private provider’s firm, the
596 private provider, and any duly authorized representative in the
597 amounts required by this section. This information must be
598 submitted on an annual basis to the local jurisdiction in order
599 to maintain qualifying status. If at any time any of the
600 information submitted to the local jurisdiction changes, the
601 private provider must contact the local jurisdiction and update
602 the information within 10 business days after the change. The
603 local jurisdiction is required to keep a registry of active
604 qualified private providers.
605 (p)(k) “Request for certificate of occupancy or certificate
606 of completion” means a properly completed and executed
607 application for:
608 1. A certificate of occupancy or certificate of completion.
609 2. A certificate of compliance from the private provider
610 required under subsection (12) (11).
611 3. Any applicable fees.
612 4. Any documents required by the local building official to
613 determine that the fee owner has secured all other government
614 approvals required by law.
615 (q) “Single-trade inspection” means any inspection focused
616 on a single construction trade, such as plumbing, mechanical, or
617 electrical. The term includes, but is not limited to,
618 inspections of door or window replacements; fences and block
619 walls more than 6 feet high from the top of the wall to the
620 bottom of the footing; stucco or plastering; reroofing with no
621 structural alteration; HVAC replacements; ductwork or fan
622 replacements; alteration or installation of wiring, lighting,
623 and service panels; water heater changeouts; sink replacements;
624 and repiping.
625 (r)(l) “Site work” means the portion of a construction
626 project that is not part of the building structure, including,
627 but not limited to, grading, excavation, landscape irrigation,
628 and installation of driveways.
629 (s)(m) “Stop-work order” means the issuance of any written
630 statement, written directive, or written order which states the
631 reason for the order and the conditions under which the cited
632 work will be permitted to resume.
633 (2)
634 (b) If an owner or contractor retains a private provider
635 for purposes of plans review or building inspection services,
636 the local jurisdiction must reduce the permit fee by the amount
637 of cost savings realized by the local enforcement agency for not
638 having to perform such services. Such reduction may be
639 calculated on a flat fee or percentage basis, or any other
640 reasonable means by which a local enforcement agency assesses
641 the cost for its plans review or inspection services It is the
642 intent of the Legislature that owners and contractors pay
643 reduced fees related to building permitting requirements when
644 hiring a private provider for plans review and building
645 inspections. A local jurisdiction must calculate the cost
646 savings to the local enforcement agency, based on a fee owner or
647 contractor hiring a private provider to perform plans reviews
648 and building inspections in lieu of the local building official,
649 and reduce the permit fees accordingly. The local jurisdiction
650 may not charge fees for building inspections if the fee owner or
651 contractor hires a private provider to perform such services;
652 however, the local jurisdiction may charge a reasonable
653 administrative fee.
654 (3) A private provider and any duly authorized
655 representative may only perform building code inspection
656 services that are within the disciplines covered by that
657 person’s licensure or certification under chapter 468, chapter
658 471, or chapter 481, including single-trade inspections. A
659 private provider may not provide building code inspection
660 services pursuant to this section upon any building designed or
661 constructed by the private provider or the private provider’s
662 firm.
663 (4) A fee owner or the fee owner’s contractor using a
664 private provider to provide building code inspection services
665 shall notify the local building official in writing at the time
666 of permit application, or by 2 p.m. local time, 2 business days
667 before the first scheduled inspection by the local building
668 official or building code enforcement agency that for a private
669 provider has been contracted to perform the performing required
670 inspections of construction under this section, including
671 single-trade inspections, on a form to be adopted by the
672 commission. This notice shall include the following information:
673 (a) The services to be performed by the private provider.
674 (b) The name, firm, address, telephone number, and e-mail
675 address facsimile number of each private provider who is
676 performing or will perform such services, his or her
677 professional license or certification number, qualification
678 statements or resumes, and, if required by the local building
679 official, a certificate of insurance demonstrating that
680 professional liability insurance coverage is in place for the
681 private provider’s firm, the private provider, and any duly
682 authorized representative in the amounts required by this
683 section.
684
685 However, the notice is not required to include such information
686 for private providers who are qualified private providers within
687 the local jurisdiction and have renewed such designation
688 pursuant to this section.
689 (c) An acknowledgment from the fee owner in substantially
690 the following form:
691
692 I have elected to use one or more private providers to
693 provide building code plans review and/or inspection
694 services on the building or structure that is the
695 subject of the enclosed permit application, as
696 authorized by s. 553.791, Florida Statutes. I
697 understand that the local building official may not
698 review the plans submitted or perform the required
699 building inspections to determine compliance with the
700 applicable codes, except to the extent specified in
701 said law. Instead, plans review and/or required
702 building inspections will be performed by licensed or
703 certified personnel identified in the application. The
704 law requires minimum insurance requirements for such
705 personnel, but I understand that I may require more
706 insurance to protect my interests. By executing this
707 form, I acknowledge that I have made inquiry regarding
708 the competence of the licensed or certified personnel
709 and the level of their insurance and am satisfied that
710 my interests are adequately protected. I agree to
711 indemnify, defend, and hold harmless the local
712 government, the local building official, and their
713 building code enforcement personnel from any and all
714 claims arising from my use of these licensed or
715 certified personnel to perform building code
716 inspection services with respect to the building or
717 structure that is the subject of the enclosed permit
718 application.
719
720 If the fee owner or the fee owner’s contractor makes any changes
721 to the listed private providers or the services to be provided
722 by those private providers, the fee owner or the fee owner’s
723 contractor shall, within 1 business day after any change or
724 within 2 business days before the next scheduled inspection,
725 update the notice to reflect such changes. A change of a duly
726 authorized representative named in the permit application does
727 not require a revision of the permit, and the building code
728 enforcement agency shall not charge a fee for making the change.
729 In addition, the fee owner or the fee owner’s contractor shall
730 post at the project site, before the commencement of
731 construction and updated within 1 business day after any change,
732 on a form to be adopted by the commission, the name, firm,
733 address, telephone number, and facsimile number of each private
734 provider who is performing or will perform building code
735 inspection services, the type of service being performed, and
736 similar information for the primary contact of the private
737 provider on the project.
738 (6) A private provider performing plans review under this
739 section shall review the plans to determine compliance with the
740 applicable codes. Upon determining that the plans reviewed
741 comply with the applicable codes, the private provider shall
742 prepare an affidavit or affidavits on a form reasonably
743 acceptable to the commission certifying, under oath, that the
744 following is true and correct to the best of the private
745 provider’s knowledge and belief:
746 (a) The plans were reviewed by the affiant, who is duly
747 authorized to perform plans review pursuant to this section and
748 holds the appropriate license or certificate.
749 (b) The plans comply with the applicable codes.
750
751 Such affidavit may bear a written or electronic signature and
752 may be submitted electronically to the local building official.
753 (7)
754 (b) If the local building official provides a written
755 notice of plan deficiencies to the permit applicant within the
756 prescribed 20-day period, the 20-day period shall be tolled
757 pending resolution of the matter. To resolve the plan
758 deficiencies, the permit applicant may elect to dispute the
759 deficiencies pursuant to subsection (14) (13) or to submit
760 revisions to correct the deficiencies.
761 (d) If the local building official provides a second
762 written notice of plan deficiencies to the permit applicant
763 within the prescribed time period, the permit applicant may
764 elect to dispute the deficiencies pursuant to subsection (14)
765 (13) or to submit additional revisions to correct the
766 deficiencies. For all revisions submitted after the first
767 revision, the local building official has an additional 5
768 business days from the date of resubmittal to issue the
769 requested permit or to provide a written notice to the permit
770 applicant stating which of the previously identified plan
771 features remain in noncompliance with the applicable codes, with
772 specific reference to the relevant code chapters and sections.
773 (8) A private provider performing required inspections
774 under this section shall inspect each phase of construction as
775 required by the applicable codes. Such inspection may be
776 performed in-person or virtually. The private provider may have
777 shall be permitted to send a duly authorized representative to
778 the building site to perform the required inspections, provided
779 all required reports are prepared by and bear the written or
780 electronic signature of the private provider or the private
781 provider’s duly authorized representative. The duly authorized
782 representative must be an employee of the private provider
783 entitled to receive reemployment assistance benefits under
784 chapter 443. The contractor’s contractual or legal obligations
785 are not relieved by any action of the private provider.
786 (9) A private provider performing required inspections
787 under this section shall provide notice to the local building
788 official of the date and approximate time of any such inspection
789 no later than the prior business day by 2 p.m. local time or by
790 any later time permitted by the local building official in that
791 jurisdiction. The local building official may not prohibit the
792 private provider from performing any inspection outside the
793 local building official’s normal operating hours, including
794 after hours, weekends, or holidays. The local building official
795 may visit the building site as often as necessary to verify that
796 the private provider is performing all required inspections. A
797 deficiency notice must be posted at the job site by the private
798 provider, the duly authorized representative of the private
799 provider, or the building department whenever a noncomplying
800 item related to the building code or the permitted documents is
801 found. Such notice may be physically posted at the job site or
802 electronically posted. After corrections are made, the item must
803 be reinspected by the private provider or representative before
804 being concealed. Reinspection or reaudit fees shall not be
805 charged by the local jurisdiction as a result of the local
806 jurisdiction’s audit inspection occurring before the performance
807 of the private provider’s inspection or for any other
808 administrative matter not involving the detection of a violation
809 of the building code or a permit requirement.
810 (10) If equipment replacements and repairs must be
811 performed in an emergency situation, subject to the emergency
812 permitting provisions of the Florida Building Code, a private
813 provider may perform emergency inspection services without first
814 notifying the local building official pursuant to subsection
815 (9). A private provider must conduct the inspection within 3
816 business days after being contacted to conduct an emergency
817 inspection and must submit the inspection report to the local
818 building official within 1 day after the inspection is
819 completed.
820 (11)(10) Upon completing the required inspections at each
821 applicable phase of construction, the private provider shall
822 record such inspections on a form acceptable to the local
823 building official. The form must bear the written or electronic
824 signature of be signed by the provider or the provider’s duly
825 authorized representative. These inspection records shall
826 reflect those inspections required by the applicable codes of
827 each phase of construction for which permitting by a local
828 enforcement agency is required. The private provider, upon
829 completion of the required inspection before leaving the project
830 site, shall post each completed inspection record, indicating
831 pass or fail, at the site and provide the record to the local
832 building official within 2 business days. Such inspection record
833 may be electronically posted by the private provider or the
834 private provider may post such inspection record physically at
835 the project site. The private provider may electronically
836 transmit the record to the local building official. The local
837 building official may waive the requirement to provide a record
838 of each inspection within 2 business days if the record is
839 electronically posted or posted at the project site and all such
840 inspection records are submitted with the certificate of
841 compliance. Unless the records have been electronically posted,
842 records of all required and completed inspections shall be
843 maintained at the building site at all times and made available
844 for review by the local building official. The private provider
845 shall report to the local enforcement agency any condition that
846 poses an immediate threat to public safety and welfare.
847 (12)(11) Upon completion of all required inspections, the
848 private provider shall prepare a certificate of compliance, on a
849 form acceptable to the local building official, summarizing the
850 inspections performed and including a written representation,
851 under oath, that the stated inspections have been performed and
852 that, to the best of the private provider’s knowledge and
853 belief, the building construction inspected complies with the
854 approved plans and applicable codes. The statement required of
855 the private provider shall be substantially in the following
856 form and shall be signed and sealed by a private provider as
857 established in subsection (1) or may be electronically
858 transmitted to the local building official:
859
860 To the best of my knowledge and belief, the building
861 components and site improvements outlined herein and
862 inspected under my authority have been completed in
863 conformance with the approved plans and the applicable
864 codes.
865
866 (13)(12) No more than 2 business days after receipt of a
867 request for a certificate of occupancy or certificate of
868 completion and the applicant’s presentation of a certificate of
869 compliance and approval of all other government approvals
870 required by law, the local building official shall issue the
871 certificate of occupancy or certificate of completion or provide
872 a notice to the applicant identifying the specific deficiencies,
873 as well as the specific code chapters and sections. If the local
874 building official does not provide notice of the deficiencies
875 within the prescribed 2-day period, the request for a
876 certificate of occupancy or certificate of completion shall be
877 deemed granted and the certificate of occupancy or certificate
878 of completion shall be issued by the local building official on
879 the next business day. To resolve any identified deficiencies,
880 the applicant may elect to dispute the deficiencies pursuant to
881 subsection (14) (13) or to submit a corrected request for a
882 certificate of occupancy or certificate of completion.
883 (15)(14) For the purposes of this section, any notice to be
884 provided by the local building official shall be deemed to be
885 provided to the person or entity when successfully transmitted
886 to the e-mail address facsimile number listed for that person or
887 entity in the permit application or revised permit application,
888 or, if no e-mail address facsimile number is stated, when
889 actually received by that person or entity.
890 (16)(a)(15)(a) A local enforcement agency, local building
891 official, or local government may not adopt or enforce any laws,
892 rules, procedures, policies, qualifications, or standards more
893 stringent than those prescribed by this section.
894 (b) A local enforcement agency, local building official, or
895 local government may establish, for private providers and duly
896 authorized representatives working within that jurisdiction, a
897 system of registration to verify compliance with the licensure
898 requirements of paragraph (1)(n) (1)(j) and the insurance
899 requirements of subsection (17). Such registration must be
900 distinct from the registry of qualified private providers (16).
901 (c) This section does not limit the authority of the local
902 building official to issue a stop-work order for a building
903 project or any portion of the project, as provided by law, if
904 the official determines that a condition on the building site
905 constitutes an immediate threat to public safety and welfare.
906 (21) Notwithstanding any other law, a county, a
907 municipality, a school district, or an independent special
908 district may use a private provider to provide building code
909 inspection services for a public works project, an improvement,
910 a building, or any other structure pursuant to this section.
911 Section 7. Paragraph (a) of subsection (8) of section
912 553.842, Florida Statutes, is amended to read:
913 553.842 Product evaluation and approval.—
914 (8) The commission may adopt rules to approve the following
915 types of entities that produce information on which product
916 approvals are based. All of the following entities, including
917 engineers and architects, must comply with a nationally
918 recognized standard demonstrating independence or no conflict of
919 interest:
920 (a) Evaluation entities approved under pursuant to this
921 paragraph or that meet the criteria for approval adopted by the
922 commission by rule. The commission shall specifically approve
923 the National Evaluation Service, the International Association
924 of Plumbing and Mechanical Officials Evaluation Service, the
925 International Code Council Evaluation Services, Underwriters
926 Laboratories, LLC, Intertek Testing Services NA, Inc., and the
927 Miami-Dade County Building Code Compliance Office Product
928 Control Division. Architects and engineers licensed in this
929 state are also approved to conduct product evaluations as
930 provided in subsection (5).
931 Section 8. Paragraph (bb) of subsection (1) of section
932 125.01, Florida Statutes, is amended to read:
933 125.01 Powers and duties.—
934 (1) The legislative and governing body of a county shall
935 have the power to carry on county government. To the extent not
936 inconsistent with general or special law, this power includes,
937 but is not restricted to, the power to:
938 (bb) Enforce the Florida Building Code, as provided in s.
939 553.80, and adopt and enforce local technical amendments to the
940 Florida Building Code as provided in s. 553.73(4), pursuant to
941 s. 553.73(4)(b) and (c).
942 Section 9. Subsection (1) of section 125.56, Florida
943 Statutes, is amended to read:
944 125.56 Enforcement and amendment of the Florida Building
945 Code and the Florida Fire Prevention Code; inspection fees;
946 inspectors; etc.—
947 (1) The board of county commissioners of each of the
948 several counties of the state may enforce the Florida Building
949 Code and the Florida Fire Prevention Code, as provided in ss.
950 553.80, 633.206, and 633.208, and, at its discretion, adopt
951 local technical amendments to the Florida Building Code as
952 provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
953 and local technical amendments to the Florida Fire Prevention
954 Code as provided in, pursuant to s. 633.202, to provide for the
955 safe construction, erection, alteration, repair, securing, and
956 demolition of any building within its territory outside the
957 corporate limits of any municipality. Upon a determination to
958 consider amending the Florida Building Code or the Florida Fire
959 Prevention Code by a majority of the members of the board of
960 county commissioners of such county, the board shall call a
961 public hearing and comply with the public notice requirements of
962 s. 125.66(2). The board shall hear all interested parties at the
963 public hearing and may then amend the building code or the fire
964 code consistent with the terms and purposes of this act. Upon
965 adoption, an amendment to the code shall be in full force and
966 effect throughout the unincorporated area of such county until
967 otherwise notified by the Florida Building Commission under
968 pursuant to s. 553.73 or the State Fire Marshal under pursuant
969 to s. 633.202. This subsection does not Nothing herein contained
970 shall be construed to prevent the board of county commissioners
971 from repealing such amendment to the building code or the fire
972 code at any regular meeting of such board.
973 Section 10. This act shall take effect July 1, 2021.