Florida Senate - 2023                       CS for CS for SB 512
       
       
        
       By the Committees on Rules; and Community Affairs; and Senator
       Hooper
       
       
       
       
       595-04206-23                                           2023512c2
    1                        A bill to be entitled                      
    2         An act relating to building construction; amending s.
    3         553.79, F.S.; requiring local building code
    4         administrators, plans examiners, or inspectors to
    5         provide certain information to the local enforcing
    6         agency under certain circumstances; prohibiting local
    7         enforcing agencies from making or requiring
    8         substantive changes to plans or specifications after a
    9         permit has been issued; providing exceptions;
   10         requiring local enforcing agencies that require
   11         substantive changes to plans or specifications after a
   12         permit has been issued to provide certain information
   13         to the permitholder in writing; providing that a plans
   14         examiner, inspector, or building code administrator is
   15         subject to disciplinary action under certain
   16         circumstances; amending s. 633.208, F.S.; requiring
   17         local fire officials to provide certain information to
   18         a permit applicant if building plans do not comply
   19         with the Florida Fire Prevention Code or the Life
   20         Safety Code; prohibiting a municipality, county, or
   21         special district from making or requiring substantive
   22         changes to building plans after a permit has been
   23         issued; providing exceptions; requiring a local fire
   24         official to provide certain information to the
   25         permitholder if a municipality, county, or special
   26         district requires substantive changes to building
   27         plans after a permit is issued; providing that a local
   28         fire official who is a certified firesafety inspector
   29         is subject to disciplinary action under certain
   30         circumstances; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (2) of section 553.79, Florida
   35  Statutes, is amended to read:
   36         553.79 Permits; applications; issuance; inspections.—
   37         (2)(a)1. Except as provided in subsection (8), an enforcing
   38  agency may not issue any permit for construction, erection,
   39  alteration, modification, repair, or demolition of any building
   40  or structure until the local building code administrator or
   41  inspector has reviewed the plans and specifications required by
   42  the Florida Building Code, or local amendment thereto, for such
   43  proposal and found the plans to be in compliance with the
   44  Florida Building Code. If the local building code administrator
   45  or inspector finds that the plans are not in compliance with the
   46  Florida Building Code, the local building code administrator or
   47  inspector shall identify the specific plan features that do not
   48  comply with the applicable codes, identify the specific code
   49  chapters and sections upon which the finding is based, and
   50  provide this information to the local enforcing agency. If the
   51  building code administrator, plans examiner, or inspector
   52  requests another local enforcing agency employee or a person
   53  contracted by the local enforcing agency to review the plans and
   54  that employee or person identifies specific plan features that
   55  do not comply with the applicable codes, the building code
   56  administrator, plans examiner, or inspector must provide this
   57  information to the local enforcing agency. The local enforcing
   58  agency shall provide this information to the permit applicant.
   59         2.In addition, An enforcing agency may not issue any
   60  permit for construction, erection, alteration, modification,
   61  repair, or demolition of any building until the appropriate
   62  firesafety inspector certified pursuant to s. 633.216 has
   63  reviewed the plans and specifications required by the Florida
   64  Building Code, or local amendment thereto, for such proposal and
   65  found that the plans comply with the Florida Fire Prevention
   66  Code and the Life Safety Code. Any building or structure which
   67  is not subject to a firesafety code shall not be required to
   68  have its plans reviewed by the firesafety inspector.
   69         3. Any building or structure that is exempt from the local
   70  building permit process may not be required to have its plans
   71  reviewed by the local building code administrator. Industrial
   72  construction on sites where design, construction, and firesafety
   73  are supervised by appropriate design and inspection
   74  professionals and which contain adequate in-house fire
   75  departments and rescue squads is exempt, subject to local
   76  government option, from review of plans and inspections,
   77  providing owners certify that applicable codes and standards
   78  have been met and supply appropriate approved drawings to local
   79  building and firesafety inspectors.
   80         4. The enforcing agency shall issue a permit to construct,
   81  erect, alter, modify, repair, or demolish any building or
   82  structure when the plans and specifications for such proposal
   83  comply with the Florida Building Code and the Florida Fire
   84  Prevention Code and the Life Safety Code as determined by the
   85  local authority in accordance with this chapter and chapter 633.
   86         (b)After the local enforcing agency issues a permit, the
   87  local enforcing agency may not make or require any substantive
   88  changes to the plans or specifications except changes required
   89  for compliance with the Florida Building Code, the Florida Fire
   90  Prevention Code, or the Life Safety Code, or local amendments
   91  thereto. If a local enforcing agency makes or requires
   92  substantive changes to the plans or specifications after a
   93  permit is issued, the local enforcing agency must identify the
   94  specific plan features that do not comply with the applicable
   95  codes, identify the specific code chapters and sections upon
   96  which the finding is based, and provide the information to the
   97  permitholder in writing.
   98         (c)1.A plans examiner or inspector who fails to provide
   99  the building code administrator with the reasons for making or
  100  requiring substantive changes to the plans or specifications is
  101  subject to disciplinary action against his or her certificate
  102  under s. 468.621(1)(i).
  103         2.A building code administrator who fails to provide a
  104  permit applicant or permitholder with the reasons for making or
  105  requiring substantive changes to the plans or specifications is
  106  subject to disciplinary action against his or her certificate
  107  under s. 468.621(1)(i).
  108         Section 2. Subsection (2) of section 633.208, Florida
  109  Statutes, is amended to read:
  110         633.208 Minimum firesafety standards.—
  111         (2)(a) Pursuant to subsection (1), each municipality,
  112  county, and special district with firesafety responsibilities
  113  shall enforce the Florida Fire Prevention Code as the minimum
  114  firesafety code required by this section.
  115         (b)If a municipality, county, or special district
  116  determines that the building plans for a building permit
  117  application do not comply with the Florida Fire Prevention Code
  118  or the Life Safety Code, or local amendments thereto, the local
  119  fire official must identify the specific plan features that do
  120  not comply with the applicable codes, identify the specific code
  121  chapters and sections upon which the determination is based, and
  122  provide this information to the permit applicant.
  123         (c)After a municipality, county, or special district
  124  issues a building permit, it may not make or require any
  125  substantive changes to the building plans except those required
  126  for compliance with the Florida Fire Prevention Code or the Life
  127  Safety Code, or local amendments thereto. If a municipality,
  128  county, or special district makes or requires substantive
  129  changes to building plans after a permit is issued, the local
  130  fire official must identify the specific plan features that do
  131  not comply with the Florida Fire Prevention Code or the Life
  132  Safety Code, or local amendments thereto, identify the specific
  133  code chapters and sections upon which the finding is based, and
  134  provide this information to the permitholder.
  135         (d)A local fire official who is also a certified
  136  firesafety inspector and who fails to comply with paragraph (b)
  137  or paragraph (c) is subject to disciplinary action against his
  138  or her certificate under s. 633.216(5)(f).
  139         Section 3. This act shall take effect July 1, 2023.