Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 860
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2017           .                                
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       The Committee on Community Affairs (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 468.603, Florida Statutes, is reordered
    6  and amended to read:
    7         468.603 Definitions.—As used in this part:
    8         (2)(1) “Building code administrator” or “building official”
    9  means any of those employees of municipal or county governments
   10  or any person under contract with building construction
   11  regulation responsibilities who are charged with the
   12  responsibility for direct regulatory administration or
   13  supervision of plan review, enforcement, or inspection of
   14  building construction, erection, repair, addition, remodeling,
   15  demolition, or alteration projects that require permitting
   16  indicating compliance with building, plumbing, mechanical,
   17  electrical, gas, fire prevention, energy, accessibility, and
   18  other construction codes as required by state law or municipal
   19  or county ordinance. This term is synonymous with “building
   20  official” as used in the administrative chapter of the Standard
   21  Building Code and the South Florida Building Code. One person
   22  employed or under contract by each municipal or county
   23  government as a building code administrator or building official
   24  and who is so certified under this part may be authorized to
   25  perform any plan review or inspection for which certification is
   26  required by this part.
   27         (4)(2) “Building code inspector” means any of those
   28  employees of local governments or state agencies or any person
   29  under contract with building construction regulation
   30  responsibilities who themselves conduct inspections of building
   31  construction, erection, repair, addition, or alteration projects
   32  that require permitting indicating compliance with building,
   33  plumbing, mechanical, electrical, gas, fire prevention, energy,
   34  accessibility, and other construction codes as required by state
   35  law or municipal or county ordinance.
   36         (1)(3) “Board” means the Florida Building Code
   37  Administrators and Inspectors Board.
   38         (7)(4) “Department” means the Department of Business and
   39  Professional Regulation.
   40         (6)(5) “Certificate” means a certificate of qualification
   41  issued by the department as provided in this part.
   42         (5)(6) “Categories of building code inspectors” include the
   43  following:
   44         (a) “Building inspector” means a person who is qualified to
   45  inspect and determine that buildings and structures are
   46  constructed in accordance with the provisions of the governing
   47  building codes and state accessibility laws.
   48         (b) “Coastal construction inspector” means a person who is
   49  qualified to inspect and determine that buildings and structures
   50  are constructed to resist near-hurricane and hurricane velocity
   51  winds in accordance with the provisions of the governing
   52  building code.
   53         (c) “Commercial electrical inspector” means a person who is
   54  qualified to inspect and determine the electrical safety of
   55  commercial buildings and structures by inspecting for compliance
   56  with the provisions of the National Electrical Code.
   57         (d) “Residential electrical inspector” means a person who
   58  is qualified to inspect and determine the electrical safety of
   59  one and two family dwellings and accessory structures by
   60  inspecting for compliance with the applicable provisions of the
   61  governing electrical code.
   62         (e) “Mechanical inspector” means a person who is qualified
   63  to inspect and determine that the mechanical installations and
   64  systems for buildings and structures are in compliance with the
   65  provisions of the governing mechanical code.
   66         (f) “Plumbing inspector” means a person who is qualified to
   67  inspect and determine that the plumbing installations and
   68  systems for buildings and structures are in compliance with the
   69  provisions of the governing plumbing code.
   70         (g) “One and two family dwelling inspector” means a person
   71  who is qualified to inspect and determine that one and two
   72  family dwellings and accessory structures are constructed in
   73  accordance with the provisions of the governing building,
   74  plumbing, mechanical, accessibility, and electrical codes.
   75         (h) “Electrical inspector” means a person who is qualified
   76  to inspect and determine the electrical safety of commercial and
   77  residential buildings and accessory structures by inspecting for
   78  compliance with the provisions of the National Electrical Code.
   79         (8)(7) “Plans examiner” means a person who is qualified to
   80  determine that plans submitted for purposes of obtaining
   81  building and other permits comply with the applicable building,
   82  plumbing, mechanical, electrical, gas, fire prevention, energy,
   83  accessibility, and other applicable construction codes.
   84  Categories of plans examiners include:
   85         (a) Building plans examiner.
   86         (b) Plumbing plans examiner.
   87         (c) Mechanical plans examiner.
   88         (d) Electrical plans examiner.
   89         (3)(8) “Building code enforcement official” or “enforcement
   90  official” means a licensed building code administrator, building
   91  code inspector, or plans examiner.
   92         (9) “Residential plans examiner” means a person who is
   93  qualified to determine whether plans submitted for purposes of
   94  obtaining building and other permits comply with the applicable
   95  residential building, plumbing, mechanical, electrical, gas,
   96  energy, accessibility, and other construction codes.
   97         Section 2. Paragraph (c) of subsection (2), paragraphs (a)
   98  and (d) of subsection (7), and subsection (10) of section
   99  468.609, Florida Statutes, are amended, and subsections (11) and
  100  (12) are added to that section, to read:
  101         468.609 Administration of this part; standards for
  102  certification; additional categories of certification.—
  103         (2) A person may take the examination for certification as
  104  a building code inspector or plans examiner pursuant to this
  105  part if the person:
  106         (c) Meets eligibility requirements according to one of the
  107  following criteria:
  108         1. Demonstrates 5 years’ combined experience in the field
  109  of construction or a related field, building code inspection, or
  110  plans review corresponding to the certification category sought;
  111         2. Demonstrates a combination of postsecondary education in
  112  the field of construction or a related field and experience
  113  which totals 4 years, with at least 1 year of such total being
  114  experience in construction, building code inspection, or plans
  115  review;
  116         3. Demonstrates a combination of technical education in the
  117  field of construction or a related field and experience which
  118  totals 4 years, with at least 1 year of such total being
  119  experience in construction, building code inspection, or plans
  120  review;
  121         4. Currently holds a standard certificate issued by the
  122  board or a firesafety inspector license issued pursuant to
  123  chapter 633, has a minimum of 3 years’ verifiable full-time
  124  experience in inspection or plan review, and has satisfactorily
  125  completed a building code inspector or plans examiner training
  126  program that provides at least 100 hours but not more than 200
  127  hours of cross-training in the certification category sought.
  128  The board shall establish by rule criteria for the development
  129  and implementation of the training programs. The board shall
  130  accept all classroom training offered by an approved provider if
  131  the content substantially meets the intent of the classroom
  132  component of the training program;
  133         5. Demonstrates a combination of the completion of an
  134  approved training program in the field of building code
  135  inspection or plan review and a minimum of 2 years’ experience
  136  in the field of building code inspection, plan review, fire code
  137  inspections and fire plans review of new buildings as a
  138  firesafety inspector certified under s. 633.216, or
  139  construction. The approved training portion of this requirement
  140  shall include proof of satisfactory completion of a training
  141  program that provides at least 200 hours but not more than 300
  142  hours of cross-training that is approved by the board in the
  143  chosen category of building code inspection or plan review in
  144  the certification category sought with at least 20 hours but not
  145  more than 30 hours of instruction in state laws, rules, and
  146  ethics relating to professional standards of practice, duties,
  147  and responsibilities of a certificateholder. The board shall
  148  coordinate with the Building Officials Association of Florida,
  149  Inc., to establish by rule the development and implementation of
  150  the training program. However, the board shall accept all
  151  classroom training offered by an approved provider if the
  152  content substantially meets the intent of the classroom
  153  component of the training program; or
  154         6. Currently holds a standard certificate issued by the
  155  board or a firesafety inspector license issued pursuant to
  156  chapter 633 and:
  157         a. Has at least 5 years’ verifiable full-time experience as
  158  an inspector or plans examiner in a standard certification
  159  category currently held or has a minimum of 5 years’ verifiable
  160  full-time experience as a firesafety inspector licensed pursuant
  161  to chapter 633.
  162         b. Has satisfactorily completed a building code inspector
  163  or plans examiner classroom training course or program that
  164  provides at least 200 but not more than 300 hours in the
  165  certification category sought, except for one-family and two
  166  family dwelling training programs, which must provide at least
  167  500 but not more than 800 hours of training as prescribed by the
  168  board. The board shall establish by rule criteria for the
  169  development and implementation of classroom training courses and
  170  programs in each certification category; or.
  171         7. Completes an inspector or plans examiner internship
  172  certification program that includes all of the following:
  173         a. Passing an International Code Council (ICC) administered
  174  examination in the category sought before beginning a 4-year
  175  internship while employed full time by a Florida municipality,
  176  county, or other governmental jurisdiction under the direct
  177  supervision of a standard certified, government employed,
  178  sponsoring building official. A related vocational or college
  179  degree attained or verifiable on-the-job experience may reduce
  180  the internship period year-for-year to no less than 1 year.
  181         b. Passing the Florida Principles and Practice exam before
  182  completing the internship period.
  183         c. Passing a board-approved 40-hour code training course in
  184  the category sought before completing the internship period.
  185         d. Obtaining a favorable recommendation from the sponsoring
  186  building official upon completion of the internship period.
  187         (7)(a) The board shall provide for the issuance of
  188  provisional certificates valid for 1 year, as specified by board
  189  rule, to any newly employed or promoted building code inspector
  190  or plans examiner who meets the eligibility requirements
  191  described in subsection (2) and any newly employed or promoted
  192  building code administrator who meets the eligibility
  193  requirements described in subsection (3). The provisional
  194  license may be renewed by the board for just cause; however, a
  195  provisional license is not valid for longer than 3 years.
  196         (d) A newly employed or hired person may perform the duties
  197  of a plans examiner or building code inspector for 120 days if a
  198  provisional certificate application has been submitted if such
  199  person is under the direct supervision of a certified building
  200  code administrator who holds a standard certification and who
  201  has found such person qualified for a provisional certificate.
  202  Direct supervision and the determination of qualifications may
  203  also be provided by a building code administrator who holds a
  204  limited or provisional certificate in a county having a
  205  population of fewer than 75,000 and in a municipality located
  206  within such county.
  207         (10) The board may by rule create categories of
  208  certification in addition to those defined in s. 468.603(5) s.
  209  468.603(6) and (8) (7). Such certification categories shall not
  210  be mandatory and shall not act to diminish the scope of any
  211  certificate created by statute.
  212         (11) The board shall by rule:
  213         (a) Establish a procedure to determine reciprocity for an
  214  ICC examination administered by another state.
  215         (b) Authorize candidates under subparagraph (2)(c)7. to:
  216         1. Perform duties during the first 120 days after initial
  217  application submittal to the board.
  218         2. Apply for a 1-year provisional certificate before
  219  completing the internship period if the candidate has not passed
  220  the Florida Principles and Practice exam or 40-hour code
  221  training course.
  222         3. Apply for standard certification at least 30 days but
  223  not more than 60 days before completing the internship period.
  224         (c) Develop a form to authorize candidates under
  225  subparagraph (2)(c)7. to transfer approved partial internship
  226  periods completed in other jurisdictions.
  227         (d) Develop an electronic application for standard
  228  certification of interns who successfully complete the program
  229  described in subparagraph (2)(c)7.
  230         (e) Establish minimum standards for, and a procedure to
  231  determine the eligibility of, internships for candidates to
  232  obtain certification under subparagraph (2)(c)7.
  233         (12) After achieving initial standard certification, a
  234  person may seek additional certifications in other categories by
  235  completing additional nonconcurrent internship programs when
  236  passing an ICC examination, passing a board-approved 40-hour
  237  code training course, and completing an additional 1-year, full
  238  time internship in the respective category sought. Any person
  239  holding a standard certification may seek additional
  240  certifications.
  241         Section 3. Subsection (3) of section 468.617, Florida
  242  Statutes, is amended to read:
  243         468.617 Joint building code inspection department; other
  244  arrangements.—
  245         (3) Nothing in this part shall prohibit any county or
  246  municipal government, school board, community college board,
  247  state university, or state agency from entering into any
  248  contract with any person or entity for the provision of building
  249  code administrator, building code official, or building code
  250  inspection services regulated under this part, and
  251  notwithstanding any other statutory provision, such county or
  252  municipal governments may enter into contracts.
  253         Section 4. Subsection (4) of section 468.8313, Florida
  254  Statutes, is amended to read:
  255         468.8313 Examinations.—
  256         (4) The department may review and approve examinations by a
  257  nationally recognized entity that offers programs or sets
  258  standards that ensure competence as a home inspector, provided
  259  that only examinations meeting the standards of a national
  260  examination as defined by rule and certified by the department
  261  may be approved.
  262         Section 5. Paragraphs (d) and (i) of subsection (1) of
  263  section 553.791, Florida Statutes, are amended to read:
  264         553.791 Alternative plans review and inspection.—
  265         (1) As used in this section, the term:
  266         (d) “Building code inspection services” means those
  267  services described in s. 468.603(5) s. 468.603(6) and (8) (7)
  268  involving the review of building plans to determine compliance
  269  with applicable codes and those inspections required by law of
  270  each phase of construction for which permitting by a local
  271  enforcement agency is required to determine compliance with
  272  applicable codes.
  273         (i) “Private provider” means a person licensed as a
  274  building code administrator under part XII of chapter 468, as an
  275  engineer under chapter 471, or as an architect under chapter
  276  481. For purposes of performing inspections under this section
  277  for additions and alterations that are limited to 1,000 square
  278  feet or less to residential buildings, the term “private
  279  provider” also includes a person who holds a standard
  280  certificate under part XII of chapter 468.
  281         Section 6. Section 471.045, Florida Statutes, is amended to
  282  read:
  283         471.045 Professional engineers performing building code
  284  inspector duties.—Notwithstanding any other provision of law, a
  285  person who is currently licensed under this chapter to practice
  286  as a professional engineer may provide building code inspection
  287  services described in s. 468.603(5) s. 468.603(6) and (8) (7) to
  288  a local government or state agency upon its request, without
  289  being certified by the Florida Building Code Administrators and
  290  Inspectors Board under part XII of chapter 468. When performing
  291  these building code inspection services, the professional
  292  engineer is subject to the disciplinary guidelines of this
  293  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  294  investigation, and discipline that arise out of a professional
  295  engineer’s performing building code inspection services shall be
  296  conducted by the Board of Professional Engineers rather than the
  297  Florida Building Code Administrators and Inspectors Board. A
  298  professional engineer may not perform plans review as an
  299  employee of a local government upon any job that the
  300  professional engineer or the professional engineer’s company
  301  designed.
  302         Section 7. Section 481.222, Florida Statutes, is amended to
  303  read:
  304         481.222 Architects performing building code inspection
  305  services.—Notwithstanding any other provision of law, a person
  306  who is currently licensed to practice as an architect under this
  307  part may provide building code inspection services described in
  308  s. 468.603(5) s. 468.603(6) and (8) (7) to a local government or
  309  state agency upon its request, without being certified by the
  310  Florida Building Code Administrators and Inspectors Board under
  311  part XII of chapter 468. With respect to the performance of such
  312  building code inspection services, the architect is subject to
  313  the disciplinary guidelines of this part and s. 468.621(1)(c)
  314  (h). Any complaint processing, investigation, and discipline
  315  that arise out of an architect’s performance of building code
  316  inspection services shall be conducted by the Board of
  317  Architecture and Interior Design rather than the Florida
  318  Building Code Administrators and Inspectors Board. An architect
  319  may not perform plans review as an employee of a local
  320  government upon any job that the architect or the architect’s
  321  company designed.
  322         Section 8. This act shall take effect October 1, 2017.
  323  
  324  ================= T I T L E  A M E N D M E N T ================
  325  And the title is amended as follows:
  326         Delete everything before the enacting clause
  327  and insert:
  328                        A bill to be entitled                      
  329         An act relating to building code administrators and
  330         inspectors; amending s. 468.603, F.S.; revising and
  331         defining terms; amending s. 468.609, F.S.; creating an
  332         internship path to certification as an inspector or
  333         plans examiner; specifying requirements for the
  334         internship periods; requiring the board to authorize
  335         specified candidates for certification as building
  336         code inspectors or plans examiners to perform duties
  337         during a specified period after initial application,
  338         to apply for a 1-year provisional certificate under
  339         certain circumstances, and to apply for standard
  340         certification within a certain time before completing
  341         the internship period; deleting being newly hired or
  342         promoted as a condition for eligibility to qualify for
  343         a provisional certificate; requiring rulemaking;
  344         requiring the board to develop a form to transfer
  345         internship periods completed in other jurisdictions
  346         under certain circumstances; requiring the board to
  347         develop an electronic application for standard
  348         certification for certain persons; authorizing persons
  349         to seek additional certifications if they meet certain
  350         requirements; conforming cross-references; amending s.
  351         468.617, F.S.; specifying that a county or municipal
  352         government, school board, community college board,
  353         state university, or state agency is not prohibited
  354         from entering into a contract for the services of a
  355         building code administrator or building code official;
  356         amending s. 468.8313, F.S.; providing conditions for
  357         the department to review and approve certain
  358         examinations; amending s. 553.791, F.S.; revising the
  359         definition of the term “private provider”; conforming
  360         cross-references; amending ss. 471.045 and 481.222,
  361         F.S.; conforming cross-references; providing an
  362         effective date.