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 isshall beunlawful 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 conformnot in conformitywith, the 30provisions of theFlorida Building Code. IfWhenevera 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 complybe not in compliancewith 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, localor40 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 isshallnotbesubject 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 complyto be in compliance58 with the Florida Building Code. If the local building code 59 administrator or inspector finds that the plans do not comply 60are not in compliancewith 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 71pursuant tos. 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 thatwhichis not subject to a firesafety code is 82shallnotberequired 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.