Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for HB 89 Ì709506/Î709506 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: C 04/28/2023 02:54 PM . 05/03/2023 05:17 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hooper moved the following: 1 Senate Amendment (with title amendment) 2 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Subsection (2) of section 553.79, Florida 7 Statutes, is amended to read: 8 553.79 Permits; applications; issuance; inspections.— 9 (2)(a)1. Except as provided in subsection (8), an enforcing 10 agency may not issue any permit for construction, erection, 11 alteration, modification, repair, or demolition of any building 12 or structure until the local building code administrator or 13 inspector has reviewed the plans and specifications required by 14 the Florida Building Code, or local amendment thereto, for such 15 proposal and found the plans to be in compliance with the 16 Florida Building Code. If the local building code administrator 17 or inspector finds that the plans are not in compliance with the 18 Florida Building Code, the local building code administrator or 19 inspector shall identify the specific plan features that do not 20 comply with the applicable codes, identify the specific code 21 chapters and sections upon which the finding is based, and 22 provide this information to the local enforcing agency. If the 23 building code administrator, plans examiner, or inspector 24 requests another local enforcing agency employee or a person 25 contracted by the local enforcing agency to review the plans and 26 that employee or person identifies specific plan features that 27 do not comply with the applicable codes, the building code 28 administrator, plans examiner, or inspector must provide this 29 information to the local enforcing agency. The local enforcing 30 agency shall provide this information to the permit applicant. 31 2.In addition,An enforcing agency may not issue any 32 permit for construction, erection, alteration, modification, 33 repair, or demolition of any building until the appropriate 34 firesafety inspector certified pursuant to s. 633.216 has 35 reviewed the plans and specifications required by the Florida 36 Building Code, or local amendment thereto, for such proposal and 37 found that the plans comply with the Florida Fire Prevention 38 Code and the Life Safety Code. Any building or structure which 39 is not subject to a firesafety code shall not be required to 40 have its plans reviewed by the firesafety inspector. 41 3. Any building or structure that is exempt from the local 42 building permit process may not be required to have its plans 43 reviewed by the local building code administrator. Industrial 44 construction on sites where design, construction, and firesafety 45 are supervised by appropriate design and inspection 46 professionals and which contain adequate in-house fire 47 departments and rescue squads is exempt, subject to local 48 government option, from review of plans and inspections, 49 providing owners certify that applicable codes and standards 50 have been met and supply appropriate approved drawings to local 51 building and firesafety inspectors. 52 4. The enforcing agency shall issue a permit to construct, 53 erect, alter, modify, repair, or demolish any building or 54 structure when the plans and specifications for such proposal 55 comply with the Florida Building Code and the Florida Fire 56 Prevention Code and the Life Safety Code as determined by the 57 local authority in accordance with this chapter and chapter 633. 58 (b) After the local enforcing agency issues a permit, the 59 local enforcing agency may not make or require any substantive 60 changes to the plans or specifications except changes required 61 for compliance with the Florida Building Code, the Florida Fire 62 Prevention Code, or the Life Safety Code, or local amendments 63 thereto. If a local enforcing agency makes or requires 64 substantive changes to the plans or specifications after a 65 permit is issued, the local enforcing agency must identify the 66 specific plan features that do not comply with the applicable 67 codes, identify the specific code chapters and sections upon 68 which the finding is based, and provide the information to the 69 permitholder in writing. 70 (c)1. A plans examiner or inspector who fails to provide 71 the building code administrator with the reasons for making or 72 requiring substantive changes to the plans or specifications is 73 subject to disciplinary action against his or her certificate 74 under s. 468.621(1)(i). 75 2. A building code administrator who fails to provide a 76 permit applicant or permitholder with the reasons for making or 77 requiring substantive changes to the plans or specifications is 78 subject to disciplinary action against his or her certificate 79 under s. 468.621(1)(i). 80 Section 2. Subsection (2) of section 633.208, Florida 81 Statutes, is amended to read: 82 633.208 Minimum firesafety standards.— 83 (2)(a) Pursuant to subsection (1), each municipality, 84 county, and special district with firesafety responsibilities 85 shall enforce the Florida Fire Prevention Code as the minimum 86 firesafety code required by this section. 87 (b) If a municipality, county, or special district 88 determines that the building plans for a building permit 89 application do not comply with the Florida Fire Prevention Code 90 or the Life Safety Code, or local amendments thereto, the local 91 fire official must identify the specific plan features that do 92 not comply with the applicable codes, identify the specific code 93 chapters and sections upon which the determination is based, and 94 provide this information to the permit applicant. 95 (c) After a municipality, county, or special district 96 issues a building permit, it may not make or require any 97 substantive changes to the building plans except those required 98 for compliance with the Florida Fire Prevention Code or the Life 99 Safety Code, or local amendments thereto. If a municipality, 100 county, or special district makes or requires substantive 101 changes to building plans after a permit is issued, the local 102 fire official must identify the specific plan features that do 103 not comply with the Florida Fire Prevention Code or the Life 104 Safety Code, or local amendments thereto, identify the specific 105 code chapters and sections upon which the finding is based, and 106 provide this information to the permitholder. 107 (d) A local fire official who is also a certified 108 firesafety inspector and who fails to comply with paragraph (b) 109 or paragraph (c) is subject to disciplinary action against his 110 or her certificate under s. 633.216(5)(f). 111 Section 3. This act shall take effect July 1, 2023. 112 113 ================= T I T L E A M E N D M E N T ================ 114 And the title is amended as follows: 115 Delete everything before the enacting clause 116 and insert: 117 A bill to be entitled 118 An act relating to building construction; amending s. 119 553.79, F.S.; requiring local building code 120 administrators, plans examiners, or inspectors to 121 provide certain information to the local enforcing 122 agency under certain circumstances; prohibiting local 123 enforcing agencies from making or requiring 124 substantive changes to plans or specifications after a 125 permit has been issued; providing exceptions; 126 requiring local enforcing agencies that require 127 substantive changes to plans or specifications after a 128 permit has been issued to provide certain information 129 to the permitholder in writing; providing that a plans 130 examiner, inspector, or building code administrator is 131 subject to disciplinary action under certain 132 circumstances; amending s. 633.208, F.S.; requiring 133 local fire officials to provide certain information to 134 a permit applicant if building plans do not comply 135 with the Florida Fire Prevention Code or the Life 136 Safety Code; prohibiting a municipality, county, or 137 special district from making or requiring substantive 138 changes to building plans after a permit has been 139 issued; providing exceptions; requiring a local fire 140 official to provide certain information to the 141 permitholder if a municipality, county, or special 142 district requires substantive changes to building 143 plans after a permit is issued; providing that a local 144 fire official who is a certified firesafety inspector 145 is subject to disciplinary action under certain 146 circumstances; providing an effective date.