Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1021
       
       
       
       
       
       
                                Ì213876IÎ213876                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1a/RE/2R         .                                
             05/04/2017 01:00 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (416182) (with title
    2  amendment)
    3  
    4         Delete lines 51 - 80
    5  and insert:
    6         Section 4. Section 468.603, Florida Statutes, is reordered
    7  and amended to read:
    8         468.603 Definitions.—As used in this part:
    9         (2)(1) “Building code administrator” or “building official”
   10  means any of those employees of municipal or county governments,
   11  or any person contracted, with building construction regulation
   12  responsibilities who are charged with the responsibility for
   13  direct regulatory administration or supervision of plan review,
   14  enforcement, or inspection of building construction, erection,
   15  repair, addition, remodeling, demolition, or alteration projects
   16  that require permitting indicating compliance with building,
   17  plumbing, mechanical, electrical, gas, fire prevention, energy,
   18  accessibility, and other construction codes as required by state
   19  law or municipal or county ordinance. This term is synonymous
   20  with “building official” as used in the administrative chapter
   21  of the Standard Building Code and the South Florida Building
   22  Code. One person employed or contracted by each municipal or
   23  county government as a building code administrator or building
   24  official and who is so certified under this part may be
   25  authorized to perform any plan review or inspection for which
   26  certification is required by this part, including performing any
   27  plan review or inspection as a currently designated standard
   28  certified building official under an interagency service
   29  agreement with a jurisdiction having a population of 50,000 or
   30  less.
   31         (4)(2) “Building code inspector” means any of those
   32  employees of local governments or state agencies, or any person
   33  contracted, with building construction regulation
   34  responsibilities who themselves conduct inspections of building
   35  construction, erection, repair, addition, or alteration projects
   36  that require permitting indicating compliance with building,
   37  plumbing, mechanical, electrical, gas, fire prevention, energy,
   38  accessibility, and other construction codes as required by state
   39  law or municipal or county ordinance.
   40         (1)(3) “Board” means the Florida Building Code
   41  Administrators and Inspectors Board.
   42         (7)(4) “Department” means the Department of Business and
   43  Professional Regulation.
   44         (6)(5) “Certificate” means a certificate of qualification
   45  issued by the department as provided in this part.
   46         (5)(6) “Categories of building code inspectors” include the
   47  following:
   48         (a) “Building inspector” means a person who is qualified to
   49  inspect and determine that buildings and structures are
   50  constructed in accordance with the provisions of the governing
   51  building codes and state accessibility laws.
   52         (b) “Coastal construction inspector” means a person who is
   53  qualified to inspect and determine that buildings and structures
   54  are constructed to resist near-hurricane and hurricane velocity
   55  winds in accordance with the provisions of the governing
   56  building code.
   57         (c) “Commercial electrical inspector” means a person who is
   58  qualified to inspect and determine the electrical safety of
   59  commercial buildings and structures by inspecting for compliance
   60  with the provisions of the National Electrical Code.
   61         (h)(d) “Residential electrical inspector” means a person
   62  who is qualified to inspect and determine the electrical safety
   63  of one and two family dwellings and accessory structures by
   64  inspecting for compliance with the applicable provisions of the
   65  governing electrical code.
   66         (e) “Mechanical inspector” means a person who is qualified
   67  to inspect and determine that the mechanical installations and
   68  systems for buildings and structures are in compliance with the
   69  provisions of the governing mechanical code.
   70         (g)(f) “Plumbing inspector” means a person who is qualified
   71  to inspect and determine that the plumbing installations and
   72  systems for buildings and structures are in compliance with the
   73  provisions of the governing plumbing code.
   74         (f)(g) “One and two family dwelling inspector” means a
   75  person who is qualified to inspect and determine that one and
   76  two family dwellings and accessory structures are constructed in
   77  accordance with the provisions of the governing building,
   78  plumbing, mechanical, accessibility, and electrical codes.
   79         (d)(h) “Electrical inspector” means a person who is
   80  qualified to inspect and determine the electrical safety of
   81  commercial and residential buildings and accessory structures by
   82  inspecting for compliance with the provisions of the National
   83  Electrical Code.
   84         (8)(7) “Plans examiner” means a person who is qualified to
   85  determine that plans submitted for purposes of obtaining
   86  building and other permits comply with the applicable building,
   87  plumbing, mechanical, electrical, gas, fire prevention, energy,
   88  accessibility, and other applicable construction codes. The term
   89  includes a residential plans examiner who is qualified to
   90  determine that plans submitted for purposes of obtaining
   91  building and other permits comply with the applicable
   92  residential building, plumbing, mechanical, electrical, gas,
   93  energy, accessibility, and other applicable construction codes.
   94  Categories of plans examiners include:
   95         (a) Building plans examiner.
   96         (b) Plumbing plans examiner.
   97         (c) Mechanical plans examiner.
   98         (d) Electrical plans examiner.
   99         (3)(8) “Building code enforcement official” or “enforcement
  100  official” means a licensed building code administrator, building
  101  code inspector, or plans examiner.
  102         Section 5. Paragraph (c) of subsection (2), paragraphs (a)
  103  and (d) of subsection (7), and subsection (10) of section
  104  468.609, Florida Statutes, are amended to read:
  105         468.609 Administration of this part; standards for
  106  certification; additional categories of certification.—
  107         (2) A person may take the examination for certification as
  108  a building code inspector or plans examiner pursuant to this
  109  part if the person:
  110         (c) Meets eligibility requirements according to one of the
  111  following criteria:
  112         1. Demonstrates 5 years’ combined experience in the field
  113  of construction or a related field, building code inspection, or
  114  plans review corresponding to the certification category sought;
  115         2. Demonstrates a combination of postsecondary education in
  116  the field of construction or a related field and experience
  117  which totals 4 years, with at least 1 year of such total being
  118  experience in construction, building code inspection, or plans
  119  review;
  120         3. Demonstrates a combination of technical education in the
  121  field of construction or a related field and experience which
  122  totals 4 years, with at least 1 year of such total being
  123  experience in construction, building code inspection, or plans
  124  review;
  125         4. Currently holds a standard certificate issued by the
  126  board or a firesafety inspector license issued pursuant to
  127  chapter 633, has a minimum of 3 years’ verifiable full-time
  128  experience in inspection or plan review, and has satisfactorily
  129  completed a building code inspector or plans examiner training
  130  program that provides at least 100 hours but not more than 200
  131  hours of cross-training in the certification category sought.
  132  The board shall establish by rule criteria for the development
  133  and implementation of the training programs. The board shall
  134  accept all classroom training offered by an approved provider if
  135  the content substantially meets the intent of the classroom
  136  component of the training program;
  137         5. Demonstrates a combination of the completion of an
  138  approved training program in the field of building code
  139  inspection or plan review and a minimum of 2 years’ experience
  140  in the field of building code inspection, plan review, fire code
  141  inspections and fire plans review of new buildings as a
  142  firesafety inspector certified under s. 633.216, or
  143  construction. The approved training portion of this requirement
  144  shall include proof of satisfactory completion of a training
  145  program that provides at least 200 hours but not more than 300
  146  hours of cross-training that is approved by the board in the
  147  chosen category of building code inspection or plan review in
  148  the certification category sought with at least 20 hours but not
  149  more than 30 hours of instruction in state laws, rules, and
  150  ethics relating to professional standards of practice, duties,
  151  and responsibilities of a certificateholder. The board shall
  152  coordinate with the Building Officials Association of Florida,
  153  Inc., to establish by rule the development and implementation of
  154  the training program. However, the board shall accept all
  155  classroom training offered by an approved provider if the
  156  content substantially meets the intent of the classroom
  157  component of the training program; or
  158         6. Currently holds a standard certificate issued by the
  159  board or a firesafety inspector license issued pursuant to
  160  chapter 633 and:
  161         a. Has at least 5 years’ verifiable full-time experience as
  162  an inspector or plans examiner in a standard certification
  163  category currently held or has a minimum of 5 years’ verifiable
  164  full-time experience as a firesafety inspector licensed pursuant
  165  to chapter 633.
  166         b. Has satisfactorily completed a building code inspector
  167  or plans examiner classroom training course or program that
  168  provides at least 200 but not more than 300 hours in the
  169  certification category sought, except for one-family and two
  170  family dwelling training programs, which must provide at least
  171  500 but not more than 800 hours of training as prescribed by the
  172  board. The board shall establish by rule criteria for the
  173  development and implementation of classroom training courses and
  174  programs in each certification category; or
  175         7.a.Has completed a 4-year internship certification
  176  program as a building code inspector or plans examiner while
  177  employed full-time by a municipality, county, or other
  178  governmental jurisdiction, under the direct supervision of a
  179  certified building official. Proof of graduation with a related
  180  vocational degree or college degree or of verifiable work
  181  experience may be exchanged for the internship experience
  182  requirement year-for-year, but may reduce the requirement to no
  183  less than 1 year.
  184         b.Has passed an examination administered by the
  185  International Code Council in the certification category sought.
  186  Such examination must be passed before beginning the internship
  187  certification program.
  188         c.Has passed the principles and practice examination
  189  before completing the internship certification program.
  190         d.Has passed a board-approved 40-hour code training course
  191  in the certification category sought before completing the
  192  internship certification program.
  193         e.Has obtained a favorable recommendation from the
  194  supervising building official after completion of the internship
  195  certification program.
  196         (7)(a) The board shall provide for the issuance of
  197  provisional certificates valid for 1 year, as specified by board
  198  rule, to any newly employed or promoted building code inspector
  199  or plans examiner who meets the eligibility requirements
  200  described in subsection (2) and any newly employed or promoted
  201  building code administrator who meets the eligibility
  202  requirements described in subsection (3). The provisional
  203  license may be renewed by the board for just cause; however, a
  204  provisional license is not valid for longer than 3 years.
  205         (d) A newly employed or hired person may perform the duties
  206  of a plans examiner or building code inspector for 120 days if a
  207  provisional certificate application has been submitted if such
  208  person is under the direct supervision of a certified building
  209  code administrator who holds a standard certification and who
  210  has found such person qualified for a provisional certificate.
  211  Direct supervision and the determination of qualifications may
  212  also be provided by a building code administrator who holds a
  213  limited or provisional certificate in a county having a
  214  population of fewer than 75,000 and in a municipality located
  215  within such county.
  216         (10)(a) The board may by rule create categories of
  217  certification in addition to those defined in s. 468.603(5) and
  218  (8) 468.603(6) and (7). Such certification categories shall not
  219  be mandatory and shall not act to diminish the scope of any
  220  certificate created by statute.
  221         (b)The board shall by rule establish:
  222         1.Reciprocity of certification with any other state that
  223  requires an examination administered by the International Code
  224  Council.
  225         2.That an applicant for certification as a building code
  226  inspector or plans examiner may apply for a provisional
  227  certificate valid for the duration of the internship period.
  228         3.That partial completion of an internship program may be
  229  transferred between jurisdictions on a form prescribed by the
  230  board.
  231         4.That an applicant may apply for a standard certificate
  232  on a form prescribed by the board upon successful completion of
  233  an internship certification program.
  234         5.That an applicant may apply for a standard certificate
  235  at least 30 days and no more than 60 days before completing the
  236  internship certification program.
  237         6.That a building code inspector or plans examiner who has
  238  standard certification may seek an additional certification in
  239  another category by completing an additional nonconcurrent 1
  240  year internship program in the certification category sought and
  241  passing an examination administered by the International Code
  242  Council and a board-approved 40-hour code training course.
  243         Section 6. Subsection (3) of section 468.617, Florida
  244  Statutes, is amended to read:
  245         468.617 Joint building code inspection department; other
  246  arrangements.—
  247         (3) Nothing in this part shall prohibit any county or
  248  municipal government, school board, community college board,
  249  state university, or state agency from entering into any
  250  contract with any person or entity for the provision of building
  251  code administrator, building official, or building code
  252  inspection services regulated under this part, and
  253  notwithstanding any other statutory provision, such county or
  254  municipal governments may enter into contracts.
  255         Section 7. Paragraphs (d) and (i) of subsection (1) and
  256  subsection (2) of section 553.791, Florida Statutes, are amended
  257  to read:
  258         553.791 Alternative plans review and inspection.—
  259         (1) As used in this section, the term:
  260         (d) “Building code inspection services” means those
  261  services described in s. 468.603(5) and (8) 468.603(6) and (7)
  262  involving the review of building plans to determine compliance
  263  with applicable codes and those inspections required by law of
  264  each phase of construction for which permitting by a local
  265  enforcement agency is required to determine compliance with
  266  applicable codes.
  267         (i) “Private provider” means a person licensed as a
  268  building code administrator under part XII of chapter 468, as an
  269  engineer under chapter 471, or as an architect under chapter
  270  481. For purposes of performing inspections under this section
  271  for additions and alterations that are limited to 1,000 square
  272  feet or less to residential buildings, the term “private
  273  provider” also includes a person who holds a standard
  274  certificate under part XII of chapter 468.
  275         (2)(a) Notwithstanding any other law or local government
  276  ordinance or local policy, the fee owner of a building or
  277  structure, or the fee owner’s contractor upon written
  278  authorization from the fee owner, may choose to use a private
  279  provider to provide building code inspection services with
  280  regard to such building or structure and may make payment
  281  directly to the private provider for the provision of such
  282  services. All such services shall be the subject of a written
  283  contract between the private provider, or the private provider’s
  284  firm, and the fee owner or the fee owner’s contractor, upon
  285  written authorization of the fee owner. The fee owner may elect
  286  to use a private provider to provide plans review or required
  287  building inspections, or both. However, if the fee owner or the
  288  fee owner’s contractor uses a private provider to provide plans
  289  review, the local building official, in his or her discretion
  290  and pursuant to duly adopted policies of the local enforcement
  291  agency, may require the fee owner or the fee owner’s contractor
  292  to use a private provider to also provide required building
  293  inspections.
  294         (b)It is the intent of the Legislature that owners and
  295  contractors not be required to pay extra costs related to
  296  building permitting requirements when hiring a private provider
  297  for plans review and building inspections. A local jurisdiction
  298  must calculate the cost savings to the local enforcement agency,
  299  based on a fee owner or contractor hiring a private provider to
  300  perform plans reviews and building inspections in lieu of the
  301  local building official, and reduce the permit fees accordingly.
  302         Section 8. Section 471.045, Florida Statutes, is amended to
  303  read:
  304         471.045 Professional engineers performing building code
  305  inspector duties.—Notwithstanding any other provision of law, a
  306  person who is currently licensed under this chapter to practice
  307  as a professional engineer may provide building code inspection
  308  services described in s. 468.603(5) and (8) 468.603(6) and (7)
  309  to a local government or state agency upon its request, without
  310  being certified by the Florida Building Code Administrators and
  311  Inspectors Board under part XII of chapter 468. When performing
  312  these building code inspection services, the professional
  313  engineer is subject to the disciplinary guidelines of this
  314  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  315  investigation, and discipline that arise out of a professional
  316  engineer’s performing building code inspection services shall be
  317  conducted by the Board of Professional Engineers rather than the
  318  Florida Building Code Administrators and Inspectors Board. A
  319  professional engineer may not perform plans review as an
  320  employee of a local government upon any job that the
  321  professional engineer or the professional engineer’s company
  322  designed.
  323         Section 9. Section 481.222, Florida Statutes, is amended to
  324  read:
  325         481.222 Architects performing building code inspection
  326  services.—Notwithstanding any other provision of law, a person
  327  who is currently licensed to practice as an architect under this
  328  part may provide building code inspection services described in
  329  s. 468.603(5) and (8) 468.603(6) and (7) to a local government
  330  or state agency upon its request, without being certified by the
  331  Florida Building Code Administrators and Inspectors Board under
  332  part XII of chapter 468. With respect to the performance of such
  333  building code inspection services, the architect is subject to
  334  the disciplinary guidelines of this part and s. 468.621(1)(c)
  335  (h). Any complaint processing, investigation, and discipline
  336  that arise out of an architect’s performance of building code
  337  inspection services shall be conducted by the Board of
  338  Architecture and Interior Design rather than the Florida
  339  Building Code Administrators and Inspectors Board. An architect
  340  may not perform plans review as an employee of a local
  341  government upon any job that the architect or the architect’s
  342  company designed.
  343  
  344  ================= T I T L E  A M E N D M E N T ================
  345  And the title is amended as follows:
  346         Delete lines 484 - 485
  347  and insert:
  348         exception; 468.603, F.S.; revising definitions;
  349         amending s. 468.609, F.S.; revising eligibility
  350         requirements for the examination for certification as
  351         a building code inspector or plans examiner to include
  352         an internship certification program; removing an
  353         eligibility condition from provisions related to
  354         provisional certificates; requiring the Florida
  355         Building Code Administrators and Inspectors Board to
  356         establish rules; amending s. 468.617, F.S.;
  357         authorizing specified entities to contract for the
  358         provision of building code administrator and building
  359         official services; amending s. 553.791, F.S.;
  360         conforming provisions to changes made by the act;
  361         revising a definition; requiring local jurisdictions
  362         to reduce certain permit fees; amending ss. 471.045
  363         and 481.222; conforming cross-references; amending