Florida Senate - 2023                                    SB 1394
       
       
        
       By Senator Perry
       
       
       
       
       
       9-01631-23                                            20231394__
    1                        A bill to be entitled                      
    2         An act relating to building plans; amending s. 553.79,
    3         F.S.; specifying that local building code
    4         administrators and inspectors and firesafety marshals
    5         and inspectors do not have discretionary authority to
    6         change certain building plans under specified
    7         circumstances; conforming provisions to changes made
    8         by the act; making technical changes; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (a) of subsection (1) and subsection
   14  (2) of section 553.79, Florida Statutes, are amended to read:
   15         553.79 Permits; applications; issuance; inspections.—
   16         (1)(a) After the effective date of the Florida Building
   17  Code adopted as herein provided, it is shall be unlawful for any
   18  person, firm, corporation, or governmental entity to construct,
   19  erect, alter, modify, repair, or demolish any building within
   20  this state without first obtaining a permit therefor from the
   21  appropriate enforcing agency or from such persons as may, by
   22  appropriate resolution or regulation of the authorized state or
   23  local enforcing agency, be delegated authority to issue such
   24  permits, upon the payment of such reasonable fees adopted by the
   25  enforcing agency. The enforcing agency is empowered to revoke
   26  any such permit upon a determination by the agency that the
   27  construction, erection, alteration, modification, repair, or
   28  demolition of the building for which the permit was issued is in
   29  violation of, or does not conform not in conformity with, the
   30  provisions of the Florida Building Code. If Whenever a permit
   31  required under this section is denied or revoked because the
   32  plan, or the construction, erection, alteration, modification,
   33  repair, or demolition of a building, is found by the local
   34  enforcing agency to not comply be not in compliance with the
   35  Florida Building Code, the local enforcing agency shall identify
   36  the specific plan or project features that do not comply with
   37  the applicable codes, identify the specific code chapters and
   38  sections upon which the finding is based, and provide this
   39  information to the permit applicant. A plans reviewer, local or
   40  building code administrator or inspector, or firesafety marshal
   41  or inspector who is responsible for issuing a denial,
   42  revocation, or modification request but fails to provide to the
   43  permit applicant a reason for denying, revoking, or requesting a
   44  modification, based on compliance with the Florida Building
   45  Code, the Florida Fire Prevention Code and the Life Safety Code,
   46  or local ordinance, is subject to disciplinary action against
   47  his or her license pursuant to s. 468.621(1)(i). Installation,
   48  replacement, removal, or metering of any load management control
   49  device is exempt from and is shall not be subject to the permit
   50  process and fees otherwise required by this section.
   51         (2)(a) Except as provided in subsection (8), an enforcing
   52  agency may not issue any permit for construction, erection,
   53  alteration, modification, repair, or demolition of any building
   54  or structure until the local building code administrator or
   55  inspector has reviewed the plans and specifications required by
   56  the Florida Building Code, or local amendment thereto, for such
   57  proposal and found that the plans comply to be in compliance
   58  with the Florida Building Code. If the local building code
   59  administrator or inspector finds that the plans do not comply
   60  are not in compliance with the Florida Building Code, the local
   61  building code administrator or inspector shall identify the
   62  specific plan features that do not comply with the applicable
   63  codes, identify the specific code chapters and sections upon
   64  which the finding is based, and provide this information to the
   65  local enforcing agency. The local enforcing agency shall provide
   66  this information to the permit applicant.
   67         (b)In addition, An enforcing agency may not issue any
   68  permit for construction, erection, alteration, modification,
   69  repair, or demolition of any building or structure until the
   70  appropriate firesafety marshal or inspector certified under
   71  pursuant to s. 633.216 has reviewed the plans and specifications
   72  required by the Florida Building Code, or local amendment
   73  thereto, for such proposal and found that the plans comply with
   74  the Florida Fire Prevention Code and the Life Safety Code. If a
   75  firesafety marshal or inspector is required to approve the plans
   76  of a commercial building or structure, and such plans have
   77  already been approved and sealed by the local building
   78  department, the local building code administrator or inspector
   79  and the firesafety marshal or inspector do not have the
   80  discretionary authority to change the plans. Any building or
   81  structure that which is not subject to a firesafety code is
   82  shall not be required to have its plans reviewed by the
   83  firesafety marshal or inspector. If a firesafety marshal or
   84  inspector is not required to approve the plans of a commercial
   85  or residential building or structure, and such plans have
   86  already been approved and sealed by the local building
   87  department, the local building code administrator or inspector
   88  does not have the discretionary authority to change the plans.
   89  Any building or structure that is exempt from the local building
   90  permit process may not be required to have its plans reviewed by
   91  the local building code administrator or inspector.
   92         (c) Industrial construction on sites where design,
   93  construction, and firesafety are supervised by appropriate
   94  design and inspection professionals and which contain adequate
   95  in-house fire departments and rescue squads is exempt, subject
   96  to local government option, from review of plans and
   97  inspections, providing owners certify that applicable codes and
   98  standards have been met and supply appropriate approved drawings
   99  to local building code administrators or inspectors and
  100  firesafety marshals or inspectors.
  101         (d) The enforcing agency shall issue a permit to construct,
  102  erect, alter, modify, repair, or demolish any building or
  103  structure when the plans and specifications for such proposal
  104  comply with the Florida Building Code and the Florida Fire
  105  Prevention Code and the Life Safety Code as determined by the
  106  local authority in accordance with this chapter and chapter 633.
  107         Section 2. This act shall take effect July 1, 2023.