Florida Senate - 2022                                     SB 644
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00831-22                                             2022644__
    1                        A bill to be entitled                      
    2         An act relating to building inspection services;
    3         amending s. 468.603, F.S.; defining the term “private
    4         entity”; amending s. 468.609, F.S.; revising
    5         eligibility requirements for a person applying to
    6         become certified as a building code inspector or plans
    7         examiner; revising the special conditions or
    8         requirements that the Florida Building Code
    9         Administrators and Inspectors Board may impose on
   10         provisional certificates; revising qualifications of a
   11         building code administrator who may directly supervise
   12         certain persons performing duties of a plans examiner
   13         or building code inspector under certain
   14         circumstances; requiring the board to authorize, by
   15         rule, the transfer of a partial completion of an
   16         internship program between private entities; amending
   17         s. 553.791, F.S.; specifying a requirement for the
   18         basis of the administrative fee that a local
   19         jurisdiction may charge when an owner or a contractor
   20         hires a private provider for inspection services;
   21         requiring the local jurisdiction to provide access to
   22         certain documents to a private provider, contractor,
   23         and owner; providing that a certificate of occupancy
   24         or certificate of completion is automatically granted
   25         and issued, and the permit application closed, under
   26         certain circumstances; requiring the local building
   27         official to provide a written certificate of occupancy
   28         or certificate of completion within a specified time;
   29         providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (9) is added to section 468.603,
   34  Florida Statutes, to read:
   35         468.603 Definitions.—As used in this part:
   36         (9)“Private entity” has the same meaning as in s.
   37  553.5141(1)(f).
   38         Section 2. Paragraph (c) of subsection (2), paragraphs (c)
   39  and (d) of subsection (7), and paragraph (b) of subsection (10)
   40  of section 468.609, Florida Statutes, are amended to read:
   41         468.609 Administration of this part; standards for
   42  certification; additional categories of certification.—
   43         (2) A person may take the examination for certification as
   44  a building code inspector or plans examiner pursuant to this
   45  part if the person:
   46         (c) Meets eligibility requirements according to one of the
   47  following criteria:
   48         1. Demonstrates 4 years’ combined experience in the field
   49  of construction or a related field, building code inspection, or
   50  plans review corresponding to the certification category sought;
   51         2. Demonstrates a combination of postsecondary education in
   52  the field of construction or a related field and experience
   53  which totals 3 years, with at least 1 year of such total being
   54  experience in construction, building code inspection, or plans
   55  review;
   56         3. Demonstrates a combination of technical education in the
   57  field of construction or a related field and experience which
   58  totals 3 years, with at least 1 year of such total being
   59  experience in construction, building code inspection, or plans
   60  review;
   61         4. Currently holds a standard certificate issued by the
   62  board or a firesafety inspector license issued under pursuant to
   63  chapter 633, with a minimum of 3 years’ verifiable full-time
   64  experience in firesafety inspection or firesafety plan review,
   65  and has satisfactorily completed a building code inspector or
   66  plans examiner training program that provides at least 100 hours
   67  but not more than 200 hours of cross-training in the
   68  certification category sought. The board shall establish by rule
   69  criteria for the development and implementation of the training
   70  programs. The board must shall accept all classroom training
   71  offered by an approved provider if the content substantially
   72  meets the intent of the classroom component of the training
   73  program;
   74         5. Demonstrates a combination of the completion of an
   75  approved training program in the field of building code
   76  inspection or plan review and a minimum of 2 years’ experience
   77  in the field of building code inspection, plan review, fire code
   78  inspections and fire plans review of new buildings as a
   79  firesafety inspector certified under s. 633.216, or
   80  construction. The approved training portion of this requirement
   81  must shall include proof of satisfactory completion of a
   82  training program that provides at least 200 hours but not more
   83  than 300 hours of cross-training that is approved by the board
   84  in the chosen category of building code inspection or plan
   85  review in the certification category sought with at least 20
   86  hours but not more than 30 hours of instruction in state laws,
   87  rules, and ethics relating to professional standards of
   88  practice, duties, and responsibilities of a certificateholder.
   89  The board shall coordinate with the Building Officials
   90  Association of Florida, Inc., to establish by rule the
   91  development and implementation of the training program. However,
   92  the board must shall accept all classroom training offered by an
   93  approved provider if the content substantially meets the intent
   94  of the classroom component of the training program;
   95         6. Currently holds a standard certificate issued by the
   96  board or a firesafety inspector license issued under pursuant to
   97  chapter 633 and:
   98         a. Has at least 4 years’ verifiable full-time experience as
   99  an inspector or plans examiner in a standard certification
  100  category currently held or has a minimum of 4 years’ verifiable
  101  full-time experience as a firesafety inspector licensed under
  102  pursuant to chapter 633.
  103         b. Has satisfactorily completed a building code inspector
  104  or plans examiner classroom training course or program that
  105  provides at least 200 but not more than 300 hours in the
  106  certification category sought, except for residential one-family
  107  and two-family dwelling training programs, which must provide at
  108  least 500 but not more than 800 hours of training as prescribed
  109  by the board. The board shall establish by rule criteria for the
  110  development and implementation of classroom training courses and
  111  programs in each certification category; or
  112         7.a. Has completed a 4-year internship certification
  113  program as a building code inspector or plans examiner while
  114  also employed full-time by a municipality, county, or other
  115  governmental jurisdiction, under the direct supervision of a
  116  certified building official, or by a private entity that
  117  conducts the same or similar services as a municipality, county,
  118  or other governmental jurisdiction, while under the direct
  119  supervision of a person licensed as a building code
  120  administrator under this part. Proof of graduation with a
  121  related vocational degree or college degree or of verifiable
  122  work experience may be exchanged for the internship experience
  123  requirement year-for-year, but may reduce the requirement to no
  124  less than 1 year.
  125         b. Has passed an examination administered by the
  126  International Code Council in the certification category sought.
  127  Such examination must be passed before beginning the internship
  128  certification program.
  129         c. Has passed the principles and practice examination
  130  before completing the internship certification program.
  131         d. Has passed a board-approved 40-hour code training course
  132  in the certification category sought before completing the
  133  internship certification program.
  134         e. Has obtained a favorable recommendation from the
  135  supervising building official after completion of the internship
  136  certification program.
  137         (7)
  138         (c) The board shall provide for appropriate levels of
  139  provisional certificates and may issue these certificates with
  140  such special conditions or requirements relating to the place of
  141  employment of the person holding the certificate, the
  142  supervision of such person on a consulting or advisory basis, or
  143  other matters as the board deems may deem necessary to protect
  144  the public safety and health. The board may not place a special
  145  condition or requirement on a provisional certificate with
  146  respect to the requirement of employment by a municipality,
  147  county, or other local government agency.
  148         (d) A person may perform the duties of a plans examiner or
  149  building code inspector for 120 days if a provisional
  150  certificate application has been submitted if such person is
  151  under the direct supervision of a person licensed as a certified
  152  building code administrator under this part who holds a standard
  153  certification and who has found such person qualified for a
  154  provisional certificate. Direct supervision and the
  155  determination of qualifications may also be provided by a
  156  building code administrator who holds a limited or provisional
  157  certificate in a county having a population of fewer than 75,000
  158  and in a municipality located within such county.
  159         (10)
  160         (b) The board shall by rule establish:
  161         1. Reciprocity of certification with any other state that
  162  requires an examination administered by the International Code
  163  Council.
  164         2. That an applicant for certification as a building code
  165  inspector or plans examiner may apply for a provisional
  166  certificate valid for the duration of the internship period.
  167         3. That partial completion of an internship program may be
  168  transferred between jurisdictions or private entities on a form
  169  prescribed by the board.
  170         4. That an applicant may apply for a standard certificate
  171  on a form prescribed by the board upon successful completion of
  172  an internship certification program.
  173         5. That an applicant may apply for a standard certificate
  174  at least 30 days but and no more than 60 days before completing
  175  the internship certification program.
  176         6. That a building code inspector or plans examiner who has
  177  standard certification may seek an additional certification in
  178  another category by completing an additional nonconcurrent 1
  179  year internship program in the certification category sought and
  180  passing an examination administered by the International Code
  181  Council and a board-approved 40-hour code training course.
  182         Section 3. Paragraph (b) of subsection (2) and subsection
  183  (13) of section 553.791, Florida Statutes, are amended, and
  184  paragraph (c) is added to subsection (2) of that section, to
  185  read:
  186         553.791 Alternative plans review and inspection.—
  187         (2)
  188         (b) If an owner or contractor retains a private provider
  189  for purposes of plans review or building inspection services,
  190  the local jurisdiction must reduce the permit fee by the amount
  191  of cost savings realized by the local enforcement agency for not
  192  having to perform such services. Such reduction may be
  193  calculated on a flat fee or percentage basis, or any other
  194  reasonable means by which a local enforcement agency assesses
  195  the cost for its plans review or inspection services. The local
  196  jurisdiction may not charge fees for building inspections if the
  197  fee owner or contractor hires a private provider to perform such
  198  services; however, the local jurisdiction may charge a
  199  reasonable administrative fee, which shall be based on the cost
  200  that is actually incurred, including the labor cost of the
  201  personnel providing the service, by the local jurisdiction or
  202  attributable to the local jurisdiction for the clerical and
  203  supervisory assistance required, or both.
  204         (c)If an owner or a contractor retains a private provider
  205  for purposes of plans review or building inspection services,
  206  the local jurisdiction must provide equal access to all
  207  permitting and inspection documents and reports to the private
  208  provider, owner, and contractor.
  209         (13) No more than 2 business days after receipt of a
  210  request for a certificate of occupancy or certificate of
  211  completion and the applicant’s presentation of a certificate of
  212  compliance and approval of all other government approvals
  213  required by law, the local building official shall issue the
  214  certificate of occupancy or certificate of completion or provide
  215  a notice to the applicant identifying the specific deficiencies,
  216  as well as the specific code chapters and sections. If the local
  217  building official does not provide notice of the deficiencies
  218  within the prescribed 2-day period, the request for a
  219  certificate of occupancy or certificate of completion is
  220  automatically shall be deemed granted and considered the
  221  certificate of occupancy or certificate of completion shall be
  222  issued as of by the local building official on the next business
  223  day, and the permit is closed. The local building official must
  224  provide the applicant with the written certificate of occupancy
  225  or certificate of completion within 10 days after it is
  226  automatically granted and issued. To resolve any identified
  227  deficiencies, the applicant may elect to dispute the
  228  deficiencies pursuant to subsection (14) or to submit a
  229  corrected request for a certificate of occupancy or certificate
  230  of completion.
  231         Section 4. This act shall take effect July 1, 2022.