Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 644
Ì719540!Î719540
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/10/2022 .
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The Committee on Rules (Brodeur) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 129 - 287
4 and insert:
5 under the direct supervision of a certified building official.
6 Proof of graduation with a related vocational degree or college
7 degree or of verifiable work experience may be exchanged for the
8 internship experience requirement year-for-year, but may reduce
9 the requirement to no less than 1 year.
10 b. Has passed an examination administered by the
11 International Code Council in the certification category sought.
12 Such examination must be passed before beginning the internship
13 certification program.
14 c. Has passed the principles and practice examination
15 before completing the internship certification program.
16 d. Has passed a board-approved 40-hour code training course
17 in the certification category sought before completing the
18 internship certification program.
19 e. Has obtained a favorable recommendation from the
20 supervising building official after completion of the internship
21 certification program.
22 (7)
23 (c) The board shall provide for appropriate levels of
24 provisional certificates and may issue these certificates with
25 such special conditions or requirements relating to the place of
26 employment of the person holding the certificate, the
27 supervision of such person on a consulting or advisory basis, or
28 other matters as the board deems may deem necessary to protect
29 the public safety and health. The board may not place a special
30 condition or requirement on a provisional certificate with
31 respect to the requirement of employment by a municipality,
32 county, or other local governmental agency.
33 (d) A person may perform the duties of a plans examiner or
34 building code inspector for 120 days if a provisional
35 certificate application has been submitted if such person is
36 under the direct supervision of a person licensed as a certified
37 building code administrator under this part who holds a standard
38 certification and who has found such person qualified for a
39 provisional certificate. Direct supervision and the
40 determination of qualifications may also be provided by a
41 building code administrator who holds a limited or provisional
42 certificate in a county having a population of fewer than 75,000
43 and in a municipality located within such county.
44 (10)
45 (b) The board shall by rule establish:
46 1. Reciprocity of certification with any other state that
47 requires an examination administered by the International Code
48 Council.
49 2. That an applicant for certification as a building code
50 inspector or plans examiner may apply for a provisional
51 certificate valid for the duration of the internship period.
52 3. That partial completion of an internship program is
53 transferable among jurisdictions, private providers, and firms
54 of private providers may be transferred between jurisdictions on
55 a form prescribed by the board.
56 4. That an applicant may apply for a standard certificate
57 on a form prescribed by the board upon successful completion of
58 an internship certification program.
59 5. That an applicant may apply for a standard certificate
60 at least 30 days but and no more than 60 days before completing
61 the internship certification program.
62 6. That a building code inspector or plans examiner who has
63 standard certification may seek an additional certification in
64 another category by completing an additional nonconcurrent 1
65 year internship program in the certification category sought and
66 passing an examination administered by the International Code
67 Council and a board-approved 40-hour code training course.
68 Section 3. Subsection (25) is added to section 553.79,
69 Florida Statutes, to read:
70 553.79 Permits; applications; issuance; inspections.—
71 (25)(a) A local law, ordinance, or regulation may not
72 prohibit or otherwise restrict the ability of a private property
73 owner to obtain a building permit to demolish any single-family
74 residential structure located in a coastal high hazard area,
75 moderate flood zone, or special flood hazard area according to
76 Flood Insurance Rate Maps produced by the Federal Emergency
77 Management Agency in support of the National Flood Insurance
78 Program if the lowest finished floor elevation of such structure
79 is at or below base flood elevation as established by the
80 Florida Building Code, as amended, or a higher base flood
81 elevation as may be required by local ordinance, whichever is
82 higher, provided that such permit otherwise complies with all
83 applicable Florida Building Code requirements.
84 (b) Demolition permits sought pursuant to this subsection
85 may be reviewed only administratively for compliance with the
86 Florida Building Code and may not be subject to any additional
87 land development regulations or a public hearing as a requisite
88 to issuance. In the event of such demolition, a local government
89 may not impose additional regulatory requirements on the new
90 single-family residential structure constructed in place of the
91 demolished structure which would not otherwise be applicable to
92 a similarly situated, vacant parcel; nor may the local
93 government otherwise penalize the owner for such demolition.
94 (c) This subsection does not apply to any structure
95 designated on the National Register of Historic Places; to any
96 privately owned single-family residential structure designated
97 historic by a local, state, or federal governmental agency on or
98 before January 1, 2022; or to any privately owned single-family
99 residential structure designated historic with the consent of
100 its owner subsequent to such date.
101 Section 4. Paragraph (b) of subsection (2) and subsection
102 (13) of section 553.791, Florida Statutes, are amended, and
103 paragraph (c) is added to subsection (2) of that section, to
104 read:
105 553.791 Alternative plans review and inspection.—
106 (2)
107 (b) If an owner or contractor retains a private provider
108 for purposes of plans review or building inspection services,
109 the local jurisdiction must reduce the permit fee by the amount
110 of cost savings realized by the local enforcement agency for not
111 having to perform such services. Such reduction may be
112 calculated on a flat fee or percentage basis, or any other
113 reasonable means by which a local enforcement agency assesses
114 the cost for its plans review or inspection services. The local
115 jurisdiction may not charge fees for building inspections if the
116 fee owner or contractor hires a private provider to perform such
117 services; however, the local jurisdiction may charge a
118 reasonable administrative fee, which shall be based on the cost
119 that is actually incurred, including the labor cost of the
120 personnel providing the service, by the local jurisdiction or
121 attributable to the local jurisdiction for the clerical and
122 supervisory assistance required, or both.
123 (c) If an owner or a contractor retains a private provider
124 for purposes of plans review or building inspection services,
125 the local jurisdiction must provide equal access to all
126 permitting and inspection documents and reports to the private
127 provider, owner, and contractor if such access is provided by
128 software that protects exempt records from disclosure.
129 (13)(a) No more than 2 business days After receipt of a
130 request for a certificate of occupancy or certificate of
131 completion and the applicant’s presentation of a certificate of
132 compliance or upon and approval of all other government
133 approvals required by law, and after the completion of the local
134 building official’s review of all compliance documents and the
135 payment of all outstanding fees, the local building official
136 shall issue the certificate of occupancy or certificate of
137 completion or provide a notice to the applicant identifying the
138 specific deficiencies, as well as the specific code chapters and
139 sections, no later than:
140 1. Two business days for permits related to single-family
141 or two-family dwellings.
142 2. Ten business days for all other permits.
143 (b) If the local building official does not provide notice
144 of the deficiencies within the applicable prescribed 2-day
145 period under subparagraph (a)1. or subparagraph (a)2., the
146 request for a certificate of occupancy or certificate of
147 completion is automatically shall be deemed granted and deemed
148 the certificate of occupancy or certificate of completion shall
149 be issued as of by the local building official on the next
150 business day. The local building official must provide the
151 applicant with the written certificate of occupancy or
152 certificate of completion within 10 days after it is
153 automatically granted and issued. To resolve any identified
154 deficiencies, the applicant may elect to dispute the
155 deficiencies pursuant to subsection (14) or to submit a
156 corrected request for a certificate of occupancy or certificate
157 of completion.
158
159 ================= T I T L E A M E N D M E N T ================
160 And the title is amended as follows:
161 Delete lines 28 - 38
162 and insert:
163 jurisdiction to provide equal access under certain
164 circumstances to certain documents to a private
165 provider, owner, and contractor; revising conditions
166 that must be met before a local building official must
167 issue a certificate of occupancy, a certificate of
168 completion, or a certain notice; revising the
169 timeframe for issuing such certificate or notice for
170 certain permits; providing that a certificate of
171 occupancy or certificate of completion is
172 automatically granted and issued under certain
173 circumstances; requiring the local building official
174 to provide a written certificate of occupancy or
175 certificate of completion within a specified timeframe
176 after such certificate is automatically granted and
177 issued; providing an effective date.