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