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.