Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 644
Ì501904ÄÎ501904
LEGISLATIVE ACTION
Senate . House
Comm: WD .
01/26/2022 .
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The Committee on Community Affairs (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (9) is added to section 468.603,
6 Florida Statutes, to read:
7 468.603 Definitions.—As used in this part:
8 (9) “Private provider” has the same meaning as in s.
9 553.791(1)(n).
10 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
11 and (d) of subsection (7), and paragraph (b) of subsection (10)
12 of section 468.609, Florida Statutes, are amended to read:
13 468.609 Administration of this part; standards for
14 certification; additional categories of certification.—
15 (2) A person may take the examination for certification as
16 a building code inspector or plans examiner pursuant to this
17 part if the person:
18 (c) Meets eligibility requirements according to one of the
19 following criteria:
20 1. Demonstrates 4 years’ combined experience in the field
21 of construction or a related field, building code inspection, or
22 plans review corresponding to the certification category sought;
23 2. Demonstrates a combination of postsecondary education in
24 the field of construction or a related field and experience
25 which totals 3 years, with at least 1 year of such total being
26 experience in construction, building code inspection, or plans
27 review;
28 3. Demonstrates a combination of technical education in the
29 field of construction or a related field and experience which
30 totals 3 years, with at least 1 year of such total being
31 experience in construction, building code inspection, or plans
32 review;
33 4. Currently holds a standard certificate issued by the
34 board or a firesafety inspector license issued under pursuant to
35 chapter 633, with a minimum of 3 years’ verifiable full-time
36 experience in firesafety inspection or firesafety plan review,
37 and has satisfactorily completed a building code inspector or
38 plans examiner training program that provides at least 100 hours
39 but not more than 200 hours of cross-training in the
40 certification category sought. The board shall establish by rule
41 criteria for the development and implementation of the training
42 programs. The board must shall accept all classroom training
43 offered by an approved provider if the content substantially
44 meets the intent of the classroom component of the training
45 program;
46 5. Demonstrates a combination of the completion of an
47 approved training program in the field of building code
48 inspection or plan review and a minimum of 2 years’ experience
49 in the field of building code inspection, plan review, fire code
50 inspections and fire plans review of new buildings as a
51 firesafety inspector certified under s. 633.216, or
52 construction. The approved training portion of this requirement
53 must shall include proof of satisfactory completion of a
54 training program that provides at least 200 hours but not more
55 than 300 hours of cross-training that is approved by the board
56 in the chosen category of building code inspection or plan
57 review in the certification category sought with at least 20
58 hours but not more than 30 hours of instruction in state laws,
59 rules, and ethics relating to professional standards of
60 practice, duties, and responsibilities of a certificateholder.
61 The board shall coordinate with the Building Officials
62 Association of Florida, Inc., to establish by rule the
63 development and implementation of the training program. However,
64 the board must shall accept all classroom training offered by an
65 approved provider if the content substantially meets the intent
66 of the classroom component of the training program;
67 6. Currently holds a standard certificate issued by the
68 board or a firesafety inspector license issued under pursuant to
69 chapter 633 and:
70 a. Has at least 4 years’ verifiable full-time experience as
71 an inspector or plans examiner in a standard certification
72 category currently held or has a minimum of 4 years’ verifiable
73 full-time experience as a firesafety inspector licensed under
74 pursuant to chapter 633.
75 b. Has satisfactorily completed a building code inspector
76 or plans examiner classroom training course or program that
77 provides at least 200 but not more than 300 hours in the
78 certification category sought, except for residential one-family
79 and two-family dwelling training programs, which must provide at
80 least 500 but not more than 800 hours of training as prescribed
81 by the board. The board shall establish by rule criteria for the
82 development and implementation of classroom training courses and
83 programs in each certification category; or
84 7.a. Has completed a 4-year internship certification
85 program as a building code inspector or plans examiner while
86 also employed full-time by a municipality, county, or other
87 governmental jurisdiction, under the direct supervision of a
88 certified building official. A person may also complete the
89 internship certification program while employed full-time by a
90 private provider or a private provider’s firm that performs the
91 services of a building code inspector or plans examiner, while
92 under the direct supervision of the private provider who must be
93 a certified building official or a person licensed as an
94 engineer under chapter 471 or an architect under chapter 481.
95 Proof of graduation with a related vocational degree or college
96 degree or of verifiable work experience may be exchanged for the
97 internship experience requirement year-for-year, but may reduce
98 the requirement to no less than 1 year.
99 b. Has passed an examination administered by the
100 International Code Council in the certification category sought.
101 Such examination must be passed before beginning the internship
102 certification program.
103 c. Has passed the principles and practice examination
104 before completing the internship certification program.
105 d. Has passed a board-approved 40-hour code training course
106 in the certification category sought before completing the
107 internship certification program.
108 e. Has obtained a favorable recommendation from the
109 supervising building official, engineer, or architect after
110 completion of the internship certification program.
111 (7)
112 (c) The board shall provide for appropriate levels of
113 provisional certificates and may issue these certificates with
114 such special conditions or requirements relating to the place of
115 employment of the person holding the certificate, the
116 supervision of such person on a consulting or advisory basis, or
117 other matters as the board deems may deem necessary to protect
118 the public safety and health. The board may not place a special
119 condition or requirement on a provisional certificate with
120 respect to the requirement of employment by a municipality,
121 county, or other local government agency.
122 (d) A person may perform the duties of a plans examiner or
123 building code inspector for 120 days if a provisional
124 certificate application has been submitted if such person is
125 under the direct supervision of a person licensed as a certified
126 building code administrator under this part who holds a standard
127 certification and who has found such person qualified for a
128 provisional certificate. Direct supervision and the
129 determination of qualifications may also be provided by a
130 building code administrator who holds a limited or provisional
131 certificate in a county having a population of fewer than 75,000
132 and in a municipality located within such county.
133 (10)
134 (b) The board shall by rule establish:
135 1. Reciprocity of certification with any other state that
136 requires an examination administered by the International Code
137 Council.
138 2. That an applicant for certification as a building code
139 inspector or plans examiner may apply for a provisional
140 certificate valid for the duration of the internship period.
141 3. That partial completion of an internship program is
142 transferable among jurisdictions, private providers, and firms
143 of private providers may be transferred between jurisdictions on
144 a form prescribed by the board.
145 4. That an applicant may apply for a standard certificate
146 on a form prescribed by the board upon successful completion of
147 an internship certification program.
148 5. That an applicant may apply for a standard certificate
149 at least 30 days but and no more than 60 days before completing
150 the internship certification program.
151 6. That a building code inspector or plans examiner who has
152 standard certification may seek an additional certification in
153 another category by completing an additional nonconcurrent 1
154 year internship program in the certification category sought and
155 passing an examination administered by the International Code
156 Council and a board-approved 40-hour code training course.
157 Section 3. Paragraph (b) of subsection (2) and subsection
158 (13) of section 553.791, Florida Statutes, are amended, and
159 paragraph (c) is added to subsection (2) of that section, to
160 read:
161 553.791 Alternative plans review and inspection.—
162 (2)
163 (b) If an owner or contractor retains a private provider
164 for purposes of plans review or building inspection services,
165 the local jurisdiction must reduce the permit fee by the amount
166 of cost savings realized by the local enforcement agency for not
167 having to perform such services. Such reduction may be
168 calculated on a flat fee or percentage basis, or any other
169 reasonable means by which a local enforcement agency assesses
170 the cost for its plans review or inspection services. The local
171 jurisdiction may not charge fees for building inspections if the
172 fee owner or contractor hires a private provider to perform such
173 services; however, the local jurisdiction may charge a
174 reasonable administrative fee, which shall be based on the cost
175 that is actually incurred, including the labor cost of the
176 personnel providing the service, by the local jurisdiction or
177 attributable to the local jurisdiction for the clerical and
178 supervisory assistance required, or both.
179 (c) If an owner or a contractor retains a private provider
180 for purposes of plans review or building inspection services,
181 the local jurisdiction must provide equal access to all
182 permitting and inspection documents and reports to the private
183 provider, owner, and contractor.
184 (13) No more than 2 business days after receipt of a
185 request for a certificate of occupancy or certificate of
186 completion and the applicant’s presentation of a certificate of
187 compliance and approval of all other government approvals
188 required by law, the local building official shall issue the
189 certificate of occupancy or certificate of completion or provide
190 a notice to the applicant identifying the specific deficiencies,
191 as well as the specific code chapters and sections. If the local
192 building official does not provide notice of the deficiencies
193 within the prescribed 2-day period, the request for a
194 certificate of occupancy or certificate of completion is
195 automatically shall be deemed granted and deemed the certificate
196 of occupancy or certificate of completion shall be issued as of
197 by the local building official on the next business day. The
198 local building official must provide the applicant with the
199 written certificate of occupancy or certificate of completion
200 within 10 days after it is automatically granted and issued.
201 After the expiration of the 10-day period, the permit is deemed
202 closed. If the local building official determines the applicant
203 failed to adhere to this subsection, the local building official
204 may rescind the certificate of occupancy or certificate of
205 completion within 30 days after its issuance and must provide
206 written notice to the permit applicant and private provider, as
207 applicable, as well as the fee owner of the rescinded
208 certificate. The notice must include specific reasons for
209 rescinding the certificate and detail how the certificate can be
210 reinstated. The permit must then be reopened, and the private
211 provider shall have the opportunity to cure any deficiencies and
212 resubmit the application for certificate of occupancy or
213 certificate of completion To resolve any identified
214 deficiencies, the applicant may elect to dispute the
215 deficiencies pursuant to subsection (14) or to submit a
216 corrected request for a certificate of occupancy or certificate
217 of completion.
218 Section 4. This act shall take effect July 1, 2022.
219
220 ================= T I T L E A M E N D M E N T ================
221 And the title is amended as follows:
222 Delete everything before the enacting clause
223 and insert:
224 A bill to be entitled
225 An act relating to building inspection services;
226 amending s. 468.603, F.S.; defining the term “private
227 provider”; amending s. 468.609, F.S.; revising
228 eligibility requirements for a person applying to
229 become certified as a building code inspector or plans
230 examiner; revising the special conditions or
231 requirements that the Florida Building Code
232 Administrators and Inspectors Board may impose on
233 provisional certificates; revising circumstances under
234 which a person may perform the duties of a plans
235 examiner or building code inspector for a specified
236 period; revising a requirement for the board’s rules
237 relating to the transferability of a partial
238 completion of an internship program; amending s.
239 553.791, F.S.; specifying the required basis for a
240 certain administrative fee charged by local
241 jurisdictions relating to building inspections by
242 private providers; requiring the local jurisdiction to
243 provide access to certain documents to a private
244 provider, owner, and contractor; providing that a
245 certificate of occupancy or certificate of completion
246 is automatically granted and issued under certain
247 circumstances; requiring the local building official
248 to provide a written certificate of occupancy or
249 certificate of completion within a specified time;
250 providing construction; specifying and revising
251 procedures and requirements if the local building
252 official determines the applicant failed to adhere to
253 certain requirements; providing an effective date.