Florida Senate - 2011 CS for SB 580
By the Committee on Community Affairs; and Senator Oelrich
578-03775A-11 2011580c1
1 A bill to be entitled
2 An act relating to residential building permits;
3 amending s. 553.79, F.S.; prohibiting local
4 enforcement agencies and building code officials or
5 entities from requiring certain inspections of
6 buildings, structures, or real property as a condition
7 of issuance of certain residential building permits;
8 providing certain exceptions to the application of the
9 act; providing for expiration of the act following an
10 amendment to the Florida Building Code by the Florida
11 Building Commission which incorporates the provisions
12 of the act; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (17) is added to section 553.79,
17 Florida Statutes, to read:
18 553.79 Permits; applications; issuance; inspections.—
19 (17)(a) A local enforcement agency, and any local building
20 code administrator, inspector, or other official or entity, may
21 not require as a condition of issuance of a one- or two-family
22 residential building permit the inspection of any portion of a
23 building, structure, or real property that is not directly
24 impacted by the construction, erection, alteration,
25 modification, repair, or demolition of the building, structure,
26 or real property for which the permit is sought.
27 (b) This subsection does not apply to a building permit
28 sought for:
29 1. A substantial improvement as defined in s. 161.54 or as
30 defined in the Florida Building Code.
31 2. A change of occupancy as defined in the Florida Building
32 Code.
33 3. A conversion from residential to nonresidential or mixed
34 use pursuant to s. 553.507(2)(a) or as defined in the Florida
35 Building Code.
36 4. An historic building as defined in the Florida Building
37 Code.
38 (c) This subsection does not prohibit a local enforcement
39 agency, or any local building code administrator, inspector, or
40 other official or entity, from:
41 1. Citing any violation inadvertently observed in plain
42 view during the ordinary course of an inspection conducted in
43 accordance with the prohibition in paragraph (a).
44 2. Inspecting a physically nonadjacent portion of a
45 building, structure, or real property that is directly impacted
46 by the construction, erection, alteration, modification, repair,
47 or demolition of the building, structure, or real property for
48 which the permit is sought in accordance with the prohibition in
49 paragraph (a).
50 3. Inspecting any portion of a building, structure, or real
51 property for which the owner or other person having control of
52 the building, structure, or real property has voluntarily
53 consented to the inspection of that portion of the building,
54 structure, or real property in accordance with the prohibition
55 in paragraph (a).
56 4. Inspecting any portion of a building, structure, or real
57 property pursuant to an inspection warrant issued in accordance
58 with ss. 933.20-933.30.
59 (d) This subsection expires upon receipt by the Secretary
60 of State of the written certification by the chair of the
61 Florida Building Commission that the commission has adopted an
62 amendment to the Florida Building Code which substantially
63 incorporates this subsection, including the prohibition in
64 paragraph (a), as part of the code and such amendment has taken
65 effect.
66 Section 2. This act shall take effect July 1, 2012.