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 underpursuant to63 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 mustshallaccept 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 mustshallinclude 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 mustshallaccept 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 underpursuant to97 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 102pursuant tochapter 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 residentialone-family107and two-family dwellingtraining 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 requirementsrelating to the place of141employment of the person holding the certificate, the142supervision of such person on a consulting or advisory basis, or143other mattersas the board deemsmay deemnecessary 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 acertified152 building code administrator under this partwho holds a standard153certificationand 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 butandno 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 automaticallyshall be deemedgranted and consideredthe221certificate of occupancy or certificate of completion shall be222 issued as ofby the local building official onthe 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.