Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 512
Ì676088SÎ676088
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/24/2023 .
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The Committee on Rules (Hooper) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 553.79, Florida
6 Statutes, is amended to read:
7 553.79 Permits; applications; issuance; inspections.—
8 (2)(a)1. Except as provided in subsection (8), an enforcing
9 agency may not issue any permit for construction, erection,
10 alteration, modification, repair, or demolition of any building
11 or structure until the local building code administrator or
12 inspector has reviewed the plans and specifications required by
13 the Florida Building Code, or local amendment thereto, for such
14 proposal and found the plans to be in compliance with the
15 Florida Building Code. If the local building code administrator
16 or inspector finds that the plans are not in compliance with the
17 Florida Building Code, the local building code administrator or
18 inspector shall identify the specific plan features that do not
19 comply with the applicable codes, identify the specific code
20 chapters and sections upon which the finding is based, and
21 provide this information to the local enforcing agency. If the
22 building code administrator, plans examiner, or inspector
23 requests another local enforcing agency employee or a person
24 contracted by the local enforcing agency to review the plans and
25 that employee or person identifies specific plan features that
26 do not comply with the applicable codes, the building code
27 administrator, plans examiner, or inspector must provide this
28 information to the local enforcing agency. The local enforcing
29 agency shall provide this information to the permit applicant.
30 2. In addition, An enforcing agency may not issue any
31 permit for construction, erection, alteration, modification,
32 repair, or demolition of any building until the appropriate
33 firesafety inspector certified pursuant to s. 633.216 has
34 reviewed the plans and specifications required by the Florida
35 Building Code, or local amendment thereto, for such proposal and
36 found that the plans comply with the Florida Fire Prevention
37 Code and the Life Safety Code. Any building or structure which
38 is not subject to a firesafety code shall not be required to
39 have its plans reviewed by the firesafety inspector.
40 3. Any building or structure that is exempt from the local
41 building permit process may not be required to have its plans
42 reviewed by the local building code administrator. Industrial
43 construction on sites where design, construction, and firesafety
44 are supervised by appropriate design and inspection
45 professionals and which contain adequate in-house fire
46 departments and rescue squads is exempt, subject to local
47 government option, from review of plans and inspections,
48 providing owners certify that applicable codes and standards
49 have been met and supply appropriate approved drawings to local
50 building and firesafety inspectors.
51 4. The enforcing agency shall issue a permit to construct,
52 erect, alter, modify, repair, or demolish any building or
53 structure when the plans and specifications for such proposal
54 comply with the Florida Building Code and the Florida Fire
55 Prevention Code and the Life Safety Code as determined by the
56 local authority in accordance with this chapter and chapter 633.
57 (b) After the local enforcing agency issues a permit, the
58 local enforcing agency may not make or require any substantive
59 changes to the plans or specifications except changes required
60 for compliance with the Florida Building Code, the Florida Fire
61 Prevention Code, or the Life Safety Code, or local amendments
62 thereto. If a local enforcing agency makes or requires
63 substantive changes to the plans or specifications after a
64 permit is issued, the local enforcing agency must identify the
65 specific plan features that do not comply with the applicable
66 codes, identify the specific code chapters and sections upon
67 which the finding is based, and provide the information to the
68 permitholder in writing.
69 (c)1. A plans examiner or inspector who fails to provide
70 the building code administrator with the reasons for making or
71 requiring substantive changes to the plans or specifications is
72 subject to disciplinary action against his or her certificate
73 under s. 468.621(1)(i).
74 2. A building code administrator who fails to provide a
75 permit applicant or permitholder with the reasons for making or
76 requiring substantive changes to the plans or specifications is
77 subject to disciplinary action against his or her certificate
78 under s. 468.621(1)(i).
79 Section 2. Subsection (2) of section 633.208, Florida
80 Statutes, is amended to read:
81 633.208 Minimum firesafety standards.—
82 (2)(a) Pursuant to subsection (1), each municipality,
83 county, and special district with firesafety responsibilities
84 shall enforce the Florida Fire Prevention Code as the minimum
85 firesafety code required by this section.
86 (b) If a municipality, county, or special district
87 determines that the building plans for a building permit
88 application do not comply with the Florida Fire Prevention Code
89 or the Life Safety Code, or local amendments thereto, the local
90 fire official must identify the specific plan features that do
91 not comply with the applicable codes, identify the specific code
92 chapters and sections upon which the determination is based, and
93 provide this information to the permit applicant.
94 (c) After a municipality, county, or special district
95 issues a building permit, it may not make or require any
96 substantive changes to the building plans except those required
97 for compliance with the Florida Fire Prevention Code or the Life
98 Safety Code, or local amendments thereto. If a municipality,
99 county, or special district makes or requires substantive
100 changes to building plans after a permit is issued, the local
101 fire official must identify the specific plan features that do
102 not comply with the Florida Fire Prevention Code or the Life
103 Safety Code, or local amendments thereto, identify the specific
104 code chapters and sections upon which the finding is based, and
105 provide this information to the permitholder.
106 (d) A local fire official who is also a certified
107 firesafety inspector and who fails to comply with paragraph (b)
108 or paragraph (c) is subject to disciplinary action against his
109 or her certificate under s. 633.216(5)(f).
110 Section 3. This act shall take effect July 1, 2023.
111
112 ================= T I T L E A M E N D M E N T ================
113 And the title is amended as follows:
114 Delete everything before the enacting clause
115 and insert:
116 A bill to be entitled
117 An act relating to building construction; amending s.
118 553.79, F.S.; requiring local building code
119 administrators, plans examiners, or inspectors to
120 provide certain information to the local enforcing
121 agency under certain circumstances; prohibiting local
122 enforcing agencies from making or requiring
123 substantive changes to plans or specifications after a
124 permit has been issued; providing exceptions;
125 requiring local enforcing agencies that require
126 substantive changes to plans or specifications after a
127 permit has been issued to provide certain information
128 to the permitholder in writing; providing that a plans
129 examiner, inspector, or building code administrator is
130 subject to disciplinary action under certain
131 circumstances; amending s. 633.208, F.S.; requiring
132 local fire officials to provide certain information to
133 a permit applicant if building plans do not comply
134 with the Florida Fire Prevention Code or the Life
135 Safety Code; prohibiting a municipality, county, or
136 special district from making or requiring substantive
137 changes to building plans after a permit has been
138 issued; providing exceptions; requiring a local fire
139 official to provide certain information to the
140 permitholder if a municipality, county, or special
141 district requires substantive changes to building
142 plans after a permit is issued; providing that a local
143 fire official who is a certified firesafety inspector
144 is subject to disciplinary action under certain
145 circumstances; providing an effective date.