Florida Senate - 2017                       CS for CS for SB 860
       
       
        
       By the Committees on Regulated Industries; and Community
       Affairs; and Senators Brandes and Lee
       
       
       
       
       580-02981-17                                           2017860c2
    1                        A bill to be entitled                      
    2         An act relating to the Florida Building Code; amending
    3         s. 468.603, F.S.; revising and defining terms;
    4         amending s. 468.609, F.S.; creating an internship path
    5         to certification as an inspector or plans examiner;
    6         specifying requirements for the internship periods;
    7         requiring the board to authorize specified candidates
    8         for certification as building code inspectors or plans
    9         examiners to perform duties during a specified period
   10         after initial application, to apply for a 1-year
   11         provisional certificate under certain circumstances,
   12         and to apply for standard certification within a
   13         certain time before completing the internship period;
   14         deleting being newly hired or promoted as a condition
   15         for eligibility to qualify for a provisional
   16         certificate; requiring rulemaking; requiring the board
   17         to develop a form to transfer internship periods
   18         completed in other jurisdictions under certain
   19         circumstances; requiring the board to develop an
   20         electronic application for standard certification for
   21         certain persons; authorizing persons to seek
   22         additional certifications if they meet certain
   23         requirements; conforming cross-references; amending s.
   24         468.617, F.S.; specifying that a county or municipal
   25         government, school board, community college board,
   26         state university, or state agency is not prohibited
   27         from entering into a contract for the services of a
   28         building code administrator or building code official;
   29         amending s. 468.8313, F.S.; providing conditions for
   30         the department to review and approve certain
   31         examinations; amending s. 489.113, F.S.; providing
   32         that specified pool/spa contractors are not required
   33         to subcontract certain work relating to power wiring;
   34         requiring such contractors to subcontract all work
   35         requiring the installation, removal, replacement, or
   36         upgrading of a circuit breaker; providing
   37         applicability; amending s. 553.73, F.S.; requiring the
   38         Florida Building Commission to use the 6th and
   39         subsequent editions of the Florida Building Code as
   40         the foundation for the development of and updates to
   41         the code; requiring the commission to review, rather
   42         than update, the Florida Building Code every 3 years;
   43         deleting a provision that specifies how long
   44         amendments or modifications to the foundation remain
   45         effective; deleting provisions limiting the length of
   46         time that an amendment or modification is effective;
   47         deleting a provision requiring certain amendments or
   48         modifications to be carried forward into the next
   49         edition of the code, subject to certain conditions;
   50         deleting certain requirements for the resubmission of
   51         expired amendments; deleting a provision prohibiting a
   52         proposed amendment from being included in the
   53         foundation code if it has been addressed in the
   54         international code; conforming provisions to changes
   55         made by the act; amending s. 553.76, F.S.; requiring
   56         the commission to adopt the Florida Building Code, and
   57         amendments thereto, by a minimum percentage of votes;
   58         amending s. 553.791, F.S.; revising the definition of
   59         the term “private provider”; conforming cross
   60         references; amending ss. 471.045 and 481.222, F.S.;
   61         conforming cross-references; providing an effective
   62         date.
   63          
   64  Be It Enacted by the Legislature of the State of Florida:
   65  
   66         Section 1. Section 468.603, Florida Statutes, is reordered
   67  and amended to read:
   68         468.603 Definitions.—As used in this part:
   69         (2)(1) “Building code administrator” or “building official”
   70  means any of those employees of municipal or county governments
   71  or any person under contract with building construction
   72  regulation responsibilities who are charged with the
   73  responsibility for direct regulatory administration or
   74  supervision of plan review, enforcement, or inspection of
   75  building construction, erection, repair, addition, remodeling,
   76  demolition, or alteration projects that require permitting
   77  indicating compliance with building, plumbing, mechanical,
   78  electrical, gas, fire prevention, energy, accessibility, and
   79  other construction codes as required by state law or municipal
   80  or county ordinance. This term is synonymous with “building
   81  official” as used in the administrative chapter of the Standard
   82  Building Code and the South Florida Building Code. One person
   83  employed or under contract by each municipal or county
   84  government as a building code administrator or building official
   85  and who is so certified under this part may be authorized to
   86  perform any plan review or inspection for which certification is
   87  required by this part.
   88         (4)(2) “Building code inspector” means any of those
   89  employees of local governments or state agencies or any person
   90  under contract with building construction regulation
   91  responsibilities who themselves conduct inspections of building
   92  construction, erection, repair, addition, or alteration projects
   93  that require permitting indicating compliance with building,
   94  plumbing, mechanical, electrical, gas, fire prevention, energy,
   95  accessibility, and other construction codes as required by state
   96  law or municipal or county ordinance.
   97         (1)(3) “Board” means the Florida Building Code
   98  Administrators and Inspectors Board.
   99         (7)(4) “Department” means the Department of Business and
  100  Professional Regulation.
  101         (6)(5) “Certificate” means a certificate of qualification
  102  issued by the department as provided in this part.
  103         (5)(6) “Categories of building code inspectors” include the
  104  following:
  105         (a) “Building inspector” means a person who is qualified to
  106  inspect and determine that buildings and structures are
  107  constructed in accordance with the provisions of the governing
  108  building codes and state accessibility laws.
  109         (b) “Coastal construction inspector” means a person who is
  110  qualified to inspect and determine that buildings and structures
  111  are constructed to resist near-hurricane and hurricane velocity
  112  winds in accordance with the provisions of the governing
  113  building code.
  114         (c) “Commercial electrical inspector” means a person who is
  115  qualified to inspect and determine the electrical safety of
  116  commercial buildings and structures by inspecting for compliance
  117  with the provisions of the National Electrical Code.
  118         (d) “Residential electrical inspector” means a person who
  119  is qualified to inspect and determine the electrical safety of
  120  one and two family dwellings and accessory structures by
  121  inspecting for compliance with the applicable provisions of the
  122  governing electrical code.
  123         (e) “Mechanical inspector” means a person who is qualified
  124  to inspect and determine that the mechanical installations and
  125  systems for buildings and structures are in compliance with the
  126  provisions of the governing mechanical code.
  127         (f) “Plumbing inspector” means a person who is qualified to
  128  inspect and determine that the plumbing installations and
  129  systems for buildings and structures are in compliance with the
  130  provisions of the governing plumbing code.
  131         (g) “One and two family dwelling inspector” means a person
  132  who is qualified to inspect and determine that one and two
  133  family dwellings and accessory structures are constructed in
  134  accordance with the provisions of the governing building,
  135  plumbing, mechanical, accessibility, and electrical codes.
  136         (h) “Electrical inspector” means a person who is qualified
  137  to inspect and determine the electrical safety of commercial and
  138  residential buildings and accessory structures by inspecting for
  139  compliance with the provisions of the National Electrical Code.
  140         (8)(7) “Plans examiner” means a person who is qualified to
  141  determine that plans submitted for purposes of obtaining
  142  building and other permits comply with the applicable building,
  143  plumbing, mechanical, electrical, gas, fire prevention, energy,
  144  accessibility, and other applicable construction codes.
  145  Categories of plans examiners include:
  146         (a) Building plans examiner.
  147         (b) Plumbing plans examiner.
  148         (c) Mechanical plans examiner.
  149         (d) Electrical plans examiner.
  150         (3)(8) “Building code enforcement official” or “enforcement
  151  official” means a licensed building code administrator, building
  152  code inspector, or plans examiner.
  153         (9) “Residential plans examiner” means a person who is
  154  qualified to determine whether plans submitted for purposes of
  155  obtaining building and other permits comply with the applicable
  156  residential building, plumbing, mechanical, electrical, gas,
  157  energy, accessibility, and other construction codes.
  158         Section 2. Paragraph (c) of subsection (2), paragraphs (a)
  159  and (d) of subsection (7), and subsection (10) of section
  160  468.609, Florida Statutes, are amended, and subsections (11) and
  161  (12) are added to that section, to read:
  162         468.609 Administration of this part; standards for
  163  certification; additional categories of certification.—
  164         (2) A person may take the examination for certification as
  165  a building code inspector or plans examiner pursuant to this
  166  part if the person:
  167         (c) Meets eligibility requirements according to one of the
  168  following criteria:
  169         1. Demonstrates 5 years’ combined experience in the field
  170  of construction or a related field, building code inspection, or
  171  plans review corresponding to the certification category sought;
  172         2. Demonstrates a combination of postsecondary education in
  173  the field of construction or a related field and experience
  174  which totals 4 years, with at least 1 year of such total being
  175  experience in construction, building code inspection, or plans
  176  review;
  177         3. Demonstrates a combination of technical education in the
  178  field of construction or a related field and experience which
  179  totals 4 years, with at least 1 year of such total being
  180  experience in construction, building code inspection, or plans
  181  review;
  182         4. Currently holds a standard certificate issued by the
  183  board or a firesafety inspector license issued pursuant to
  184  chapter 633, has a minimum of 3 years’ verifiable full-time
  185  experience in inspection or plan review, and has satisfactorily
  186  completed a building code inspector or plans examiner training
  187  program that provides at least 100 hours but not more than 200
  188  hours of cross-training in the certification category sought.
  189  The board shall establish by rule criteria for the development
  190  and implementation of the training programs. The board shall
  191  accept all classroom training offered by an approved provider if
  192  the content substantially meets the intent of the classroom
  193  component of the training program;
  194         5. Demonstrates a combination of the completion of an
  195  approved training program in the field of building code
  196  inspection or plan review and a minimum of 2 years’ experience
  197  in the field of building code inspection, plan review, fire code
  198  inspections and fire plans review of new buildings as a
  199  firesafety inspector certified under s. 633.216, or
  200  construction. The approved training portion of this requirement
  201  shall include proof of satisfactory completion of a training
  202  program that provides at least 200 hours but not more than 300
  203  hours of cross-training that is approved by the board in the
  204  chosen category of building code inspection or plan review in
  205  the certification category sought with at least 20 hours but not
  206  more than 30 hours of instruction in state laws, rules, and
  207  ethics relating to professional standards of practice, duties,
  208  and responsibilities of a certificateholder. The board shall
  209  coordinate with the Building Officials Association of Florida,
  210  Inc., to establish by rule the development and implementation of
  211  the training program. However, the board shall accept all
  212  classroom training offered by an approved provider if the
  213  content substantially meets the intent of the classroom
  214  component of the training program; or
  215         6. Currently holds a standard certificate issued by the
  216  board or a firesafety inspector license issued pursuant to
  217  chapter 633 and:
  218         a. Has at least 5 years’ verifiable full-time experience as
  219  an inspector or plans examiner in a standard certification
  220  category currently held or has a minimum of 5 years’ verifiable
  221  full-time experience as a firesafety inspector licensed pursuant
  222  to chapter 633.
  223         b. Has satisfactorily completed a building code inspector
  224  or plans examiner classroom training course or program that
  225  provides at least 200 but not more than 300 hours in the
  226  certification category sought, except for one-family and two
  227  family dwelling training programs, which must provide at least
  228  500 but not more than 800 hours of training as prescribed by the
  229  board. The board shall establish by rule criteria for the
  230  development and implementation of classroom training courses and
  231  programs in each certification category; or.
  232         7. Completes an inspector or plans examiner internship
  233  certification program that includes all of the following:
  234         a. Passing an International Code Council (ICC) administered
  235  examination in the category sought before beginning a 4-year
  236  internship while employed full time by a Florida municipality,
  237  county, or other governmental jurisdiction under the direct
  238  supervision of a standard certified, government employed,
  239  sponsoring building official. A related vocational or college
  240  degree attained or verifiable on-the-job experience may reduce
  241  the internship period year-for-year to no less than 1 year.
  242         b. Passing the Florida Principles and Practice exam before
  243  completing the internship period.
  244         c. Passing a board-approved 40-hour code training course in
  245  the category sought before completing the internship period.
  246         d. Obtaining a favorable recommendation from the sponsoring
  247  building official upon completion of the internship period.
  248         (7)(a) The board shall provide for the issuance of
  249  provisional certificates valid for 1 year, as specified by board
  250  rule, to any newly employed or promoted building code inspector
  251  or plans examiner who meets the eligibility requirements
  252  described in subsection (2) and any newly employed or promoted
  253  building code administrator who meets the eligibility
  254  requirements described in subsection (3). The provisional
  255  license may be renewed by the board for just cause; however, a
  256  provisional license is not valid for longer than 3 years.
  257         (d) A newly employed or hired person may perform the duties
  258  of a plans examiner or building code inspector for 120 days if a
  259  provisional certificate application has been submitted if such
  260  person is under the direct supervision of a certified building
  261  code administrator who holds a standard certification and who
  262  has found such person qualified for a provisional certificate.
  263  Direct supervision and the determination of qualifications may
  264  also be provided by a building code administrator who holds a
  265  limited or provisional certificate in a county having a
  266  population of fewer than 75,000 and in a municipality located
  267  within such county.
  268         (10) The board may by rule create categories of
  269  certification in addition to those defined in s. 468.603(5) s.
  270  468.603(6) and (8) (7). Such certification categories shall not
  271  be mandatory and shall not act to diminish the scope of any
  272  certificate created by statute.
  273         (11) The board shall by rule:
  274         (a) Establish a procedure to determine reciprocity for an
  275  ICC examination administered by another state.
  276         (b) Authorize candidates under subparagraph (2)(c)7. to:
  277         1. Perform duties during the first 120 days after initial
  278  application submittal to the board.
  279         2. Apply for a 1-year provisional certificate before
  280  completing the internship period if the candidate has not passed
  281  the Florida Principles and Practice exam or 40-hour code
  282  training course.
  283         3. Apply for standard certification at least 30 days but
  284  not more than 60 days before completing the internship period.
  285         (c) Develop a form to authorize candidates under
  286  subparagraph (2)(c)7. to transfer approved partial internship
  287  periods completed in other jurisdictions.
  288         (d) Develop an electronic application for standard
  289  certification of interns who successfully complete the program
  290  described in subparagraph (2)(c)7.
  291         (e) Establish minimum standards for, and a procedure to
  292  determine the eligibility of, internships for candidates to
  293  obtain certification under subparagraph (2)(c)7.
  294         (12) After achieving initial standard certification, a
  295  person may seek additional certifications in other categories by
  296  completing additional nonconcurrent internship programs when
  297  passing an ICC examination, passing a board-approved 40-hour
  298  code training course, and completing an additional 1-year, full
  299  time internship in the respective category sought. Any person
  300  holding a standard certification may seek additional
  301  certifications.
  302         Section 3. Subsection (3) of section 468.617, Florida
  303  Statutes, is amended to read:
  304         468.617 Joint building code inspection department; other
  305  arrangements.—
  306         (3) Nothing in this part shall prohibit any county or
  307  municipal government, school board, community college board,
  308  state university, or state agency from entering into any
  309  contract with any person or entity for the provision of building
  310  code administrator, building code official, or building code
  311  inspection services regulated under this part, and
  312  notwithstanding any other statutory provision, such county or
  313  municipal governments may enter into contracts.
  314         Section 4. Subsection (4) of section 468.8313, Florida
  315  Statutes, is amended to read:
  316         468.8313 Examinations.—
  317         (4) The department may review and approve examinations by a
  318  nationally recognized entity that offers programs or sets
  319  standards that ensure competence as a home inspector, provided
  320  that only examinations meeting the standards of a national
  321  examination as defined by rule and certified by the department
  322  may be approved.
  323         Section 5. Paragraph (h) is added to subsection (3) of
  324  section 489.113, Florida Statutes, to read:
  325         489.113 Qualifications for practice; restrictions.—
  326         (3) A contractor shall subcontract all electrical,
  327  mechanical, plumbing, roofing, sheet metal, swimming pool, and
  328  air-conditioning work, unless such contractor holds a state
  329  certificate or registration in the respective trade category,
  330  however:
  331         (h) A pool/spa contractor, as defined in s. 489.105(3)(j),
  332  (k), or (l), is not required to subcontract electrical work for
  333  the installation, replacement, disconnection, or reconnection of
  334  power wiring on the load side of the dedicated existing
  335  electrical disconnecting means, but is required to subcontract
  336  all electrical work that requires installation, removal,
  337  replacement, or upgrading of a circuit breaker. This paragraph
  338  does not apply to other contractor classifications or
  339  professions.
  340         Section 6. Subsections (3), (7), and (8) of section 553.73,
  341  Florida Statutes, and paragraphs (a) and (b) of subsection (9)
  342  of that section, are amended to read:
  343         553.73 Florida Building Code.—
  344         (3) The commission shall use the 6th edition, and
  345  subsequent editions, of the Florida Building Code as the
  346  International Codes published by the International Code Council,
  347  the National Electric Code (NFPA 70), or other nationally
  348  adopted model codes and standards needed to develop the base
  349  code in Florida to form the foundation for the development of
  350  and updates to the Florida Building Code. The Florida Building
  351  commission may approve technical amendments to the code as
  352  provided in, subject to subsections (8) and (9), after the
  353  amendments have been subject to all of the following conditions:
  354         (a) The proposed amendment must have has been published on
  355  the commission’s website for a minimum of 45 days and all the
  356  associated documentation must have has been made available to
  357  any interested party before any consideration by a technical
  358  advisory committee.;
  359         (b) In order for a technical advisory committee to make a
  360  favorable recommendation to the commission, the proposal must
  361  receive a three-fourths vote of the members present at the
  362  technical advisory committee meeting. and At least half of the
  363  regular members must be present in order to conduct a meeting.;
  364         (c) After the technical advisory committee has considered
  365  and recommended consideration and a recommendation for approval
  366  of any proposed amendment, the proposal must be published on the
  367  commission’s website for at least 45 days before any
  368  consideration by the commission.; and
  369         (d) A proposal may be modified by the commission based on
  370  public testimony and evidence from a public hearing held in
  371  accordance with chapter 120.
  372  
  373  The commission shall incorporate within sections of the Florida
  374  Building Code provisions that which address regional and local
  375  concerns and variations. The commission shall make every effort
  376  to minimize conflicts between the Florida Building Code, the
  377  Florida Fire Prevention Code, and the Life Safety Code.
  378         (7)(a) The commission, by rule adopted pursuant to ss.
  379  120.536(1) and 120.54, shall review update the Florida Building
  380  Code every 3 years to consider whether it needs to be revised.
  381  The commission shall adopt code revisions by rule. When
  382  evaluating potential revisions to updating the Florida Building
  383  Code, the commission shall review select the most current
  384  version of the International Building Code, the International
  385  Fuel Gas Code, the International Mechanical Code, the
  386  International Plumbing Code, and the International Residential
  387  Code, all of which are adopted by the International Code
  388  Council, and the National Electrical Code, which is adopted by
  389  the National Fire Protection Association, to form the foundation
  390  codes of the updated Florida Building Code, if the version has
  391  been adopted by the applicable model code entity. The commission
  392  shall also review select the most current version of the
  393  International Energy Conservation Code (IECC) as a foundation
  394  code; however, the IECC shall be modified by the commission must
  395  to maintain the efficiencies of the Florida Energy Efficiency
  396  Code for Building Construction adopted and amended pursuant to
  397  s. 553.901.
  398         (b) Codes regarding noise contour lines shall be reviewed
  399  annually, and the most current federal guidelines shall be
  400  adopted.
  401         (c) The commission may adopt as a technical amendment to
  402  the Florida Building Code modify any portion of the foundation
  403  codes identified in paragraph (a) only as needed to accommodate
  404  the specific needs of this state. Standards or criteria adopted
  405  from such referenced by the codes shall be incorporated by
  406  reference to the specific provisions of such codes which are
  407  adopted. If a referenced standard or criterion requires
  408  amplification or modification to be appropriate for use in this
  409  state, only the amplification or modification shall be set forth
  410  in the Florida Building Code. The commission may approve
  411  technical amendments to the updated Florida Building Code after
  412  the amendments have been subject to the conditions set forth in
  413  paragraphs (3)(a)-(d). Amendments that to the foundation codes
  414  which are adopted in accordance with this subsection shall be
  415  clearly marked in printed versions of the Florida Building Code
  416  so that the fact that the provisions are Florida-specific
  417  amendments to the foundation codes is readily apparent.
  418         (d) The commission shall further consider the commission’s
  419  own interpretations, declaratory statements, appellate
  420  decisions, and approved statewide and local technical amendments
  421  and shall incorporate such interpretations, statements,
  422  decisions, and amendments into the updated Florida Building Code
  423  only to the extent that they are needed to modify the foundation
  424  codes to accommodate the specific needs of the state. A change
  425  made by an institute or standards organization to any standard
  426  or criterion that is adopted by reference in the Florida
  427  Building Code does not become effective statewide until it has
  428  been adopted by the commission. Furthermore, the edition of the
  429  Florida Building Code which is in effect on the date of
  430  application for any permit authorized by the code governs the
  431  permitted work for the life of the permit and any extension
  432  granted to the permit.
  433         (e) A rule updating the Florida Building Code in accordance
  434  with this subsection shall take effect no sooner than 6 months
  435  after publication of the updated code. Any amendment to the
  436  Florida Building Code which is adopted upon a finding by the
  437  commission that the amendment is necessary to protect the public
  438  from immediate threat of harm takes effect immediately.
  439         (f) Provisions of the Florida Building Code foundation
  440  codes, including those contained in referenced standards and
  441  criteria, relating to wind resistance or the prevention of water
  442  intrusion may not be modified to diminish those construction
  443  requirements; however, the commission may, subject to conditions
  444  in this subsection, modify the provisions to enhance those
  445  construction requirements.
  446         (g) Amendments or modifications to the foundation code
  447  pursuant to this subsection shall remain effective only until
  448  the effective date of a new edition of the Florida Building Code
  449  every third year. Amendments or modifications related to state
  450  agency regulations which are adopted and integrated into an
  451  edition of the Florida Building Code shall be carried forward
  452  into the next edition of the code, subject to modification as
  453  provided in this part. Amendments or modifications related to
  454  the wind-resistance design of buildings and structures within
  455  the high-velocity hurricane zone of Miami-Dade and Broward
  456  Counties which are adopted to an edition of the Florida Building
  457  Code do not expire and shall be carried forward into the next
  458  edition of the code, subject to review or modification as
  459  provided in this part. If amendments that expire pursuant to
  460  this paragraph are resubmitted through the Florida Building
  461  commission code adoption process, the amendments must
  462  specifically address whether:
  463         1. The provisions contained in the proposed amendment are
  464  addressed in the applicable international code.
  465         2. The amendment demonstrates by evidence or data that the
  466  geographical jurisdiction of Florida exhibits a need to
  467  strengthen the foundation code beyond the needs or regional
  468  variations addressed by the foundation code, and why the
  469  proposed amendment applies to this state.
  470         3. The proposed amendment was submitted or attempted to be
  471  included in the foundation codes to avoid resubmission to the
  472  Florida Building Code amendment process.
  473  
  474  If the proposed amendment has been addressed in the
  475  international code in a substantially equivalent manner, the
  476  Florida Building commission may not include the proposed
  477  amendment in the foundation Code.
  478         (8) Notwithstanding the provisions of subsection (3) or
  479  subsection (7), the commission may address issues identified in
  480  this subsection by amending the code pursuant only to the rule
  481  adoption procedures contained in chapter 120. Provisions of The
  482  Florida Building Code, including provisions those contained in
  483  referenced standards and criteria which relate, relating to wind
  484  resistance or the prevention of water intrusion, may not be
  485  amended pursuant to this subsection to diminish those standards
  486  construction requirements; however, the commission may, subject
  487  to conditions in this subsection, amend the Florida Building
  488  Code the provisions to enhance such standards those construction
  489  requirements. Following the approval of any amendments to the
  490  Florida Building Code by the commission and publication of the
  491  amendments on the commission’s website, authorities having
  492  jurisdiction to enforce the Florida Building Code may enforce
  493  the amendments. The commission may approve amendments that are
  494  needed to address:
  495         (a) Conflicts within the updated code;
  496         (b) Conflicts between the updated code and the Florida Fire
  497  Prevention Code adopted pursuant to chapter 633;
  498         (c) Unintended results from the integration of previously
  499  adopted Florida-specific amendments with the model code;
  500         (d) Equivalency of standards;
  501         (e) Changes to or inconsistencies with federal or state
  502  law; or
  503         (f) Adoption of an updated edition of the National
  504  Electrical Code if the commission finds that delay of
  505  implementing the updated edition causes undue hardship to
  506  stakeholders or otherwise threatens the public health, safety,
  507  and welfare.
  508         (9)(a) The commission may approve technical amendments to
  509  the Florida Building Code once each year for statewide or
  510  regional application upon a finding that the amendment:
  511         1. Is needed in order to accommodate the specific needs of
  512  this state.
  513         2. Has a reasonable and substantial connection with the
  514  health, safety, and welfare of the general public.
  515         3. Strengthens or improves the Florida Building Code, or in
  516  the case of innovation or new technology, will provide
  517  equivalent or better products or methods or systems of
  518  construction.
  519         4. Does not discriminate against materials, products,
  520  methods, or systems of construction of demonstrated
  521  capabilities.
  522         5. Does not degrade the effectiveness of the Florida
  523  Building Code.
  524  
  525  The Florida Building Commission may approve technical amendments
  526  to the code once each year to incorporate into the Florida
  527  Building Code its own interpretations of the code which are
  528  embodied in its opinions, final orders, declaratory statements,
  529  and interpretations of hearing officer panels under s.
  530  553.775(3)(c), but only to the extent that the incorporation of
  531  interpretations is needed to modify the code foundation codes to
  532  accommodate the specific needs of this state. Amendments
  533  approved under this paragraph shall be adopted by rule after the
  534  amendments have been subjected to subsection (3).
  535         (b) A proposed amendment must include a fiscal impact
  536  statement that documents the costs and benefits of the proposed
  537  amendment. Criteria for the fiscal impact statement shall be
  538  established by rule by the commission and shall include the
  539  impact to local government relative to enforcement, the impact
  540  to property and building owners, and the impact to industry,
  541  relative to the cost of compliance. The amendment must
  542  demonstrate by evidence or data that the state’s geographical
  543  jurisdiction exhibits a need to strengthen the foundation code
  544  beyond the needs or regional variations addressed by the
  545  foundation code and why the proposed amendment applies to this
  546  state.
  547         Section 7. Subsection (2) of section 553.76, Florida
  548  Statutes, is amended to read:
  549         553.76 General powers of the commission.—The commission is
  550  authorized to:
  551         (2) Issue memoranda of procedure for its internal
  552  management and control. The commission may adopt rules related
  553  to its consensus-based decisionmaking process, including, but
  554  not limited to, super majority voting requirements for
  555  commission actions relating to the adoption of the Florida
  556  Building Code or amendments to the code. However, the commission
  557  must adopt the Florida Building Code, and amendments thereto, by
  558  at least a three-fourths vote of the members present at a
  559  meeting.
  560         Section 8. Paragraphs (d) and (i) of subsection (1) of
  561  section 553.791, Florida Statutes, are amended to read:
  562         553.791 Alternative plans review and inspection.—
  563         (1) As used in this section, the term:
  564         (d) “Building code inspection services” means those
  565  services described in s. 468.603(5) s. 468.603(6) and (8) (7)
  566  involving the review of building plans to determine compliance
  567  with applicable codes and those inspections required by law of
  568  each phase of construction for which permitting by a local
  569  enforcement agency is required to determine compliance with
  570  applicable codes.
  571         (i) “Private provider” means a person licensed as a
  572  building code administrator under part XII of chapter 468, as an
  573  engineer under chapter 471, or as an architect under chapter
  574  481. For purposes of performing inspections under this section
  575  for additions and alterations that are limited to 1,000 square
  576  feet or less to residential buildings, the term “private
  577  provider” also includes a person who holds a standard
  578  certificate under part XII of chapter 468.
  579         Section 9. Section 471.045, Florida Statutes, is amended to
  580  read:
  581         471.045 Professional engineers performing building code
  582  inspector duties.—Notwithstanding any other provision of law, a
  583  person who is currently licensed under this chapter to practice
  584  as a professional engineer may provide building code inspection
  585  services described in s. 468.603(5) s. 468.603(6) and (8) (7) to
  586  a local government or state agency upon its request, without
  587  being certified by the Florida Building Code Administrators and
  588  Inspectors Board under part XII of chapter 468. When performing
  589  these building code inspection services, the professional
  590  engineer is subject to the disciplinary guidelines of this
  591  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  592  investigation, and discipline that arise out of a professional
  593  engineer’s performing building code inspection services shall be
  594  conducted by the Board of Professional Engineers rather than the
  595  Florida Building Code Administrators and Inspectors Board. A
  596  professional engineer may not perform plans review as an
  597  employee of a local government upon any job that the
  598  professional engineer or the professional engineer’s company
  599  designed.
  600         Section 10. Section 481.222, Florida Statutes, is amended
  601  to read:
  602         481.222 Architects performing building code inspection
  603  services.—Notwithstanding any other provision of law, a person
  604  who is currently licensed to practice as an architect under this
  605  part may provide building code inspection services described in
  606  s. 468.603(5) s. 468.603(6) and (8) (7) to a local government or
  607  state agency upon its request, without being certified by the
  608  Florida Building Code Administrators and Inspectors Board under
  609  part XII of chapter 468. With respect to the performance of such
  610  building code inspection services, the architect is subject to
  611  the disciplinary guidelines of this part and s. 468.621(1)(c)
  612  (h). Any complaint processing, investigation, and discipline
  613  that arise out of an architect’s performance of building code
  614  inspection services shall be conducted by the Board of
  615  Architecture and Interior Design rather than the Florida
  616  Building Code Administrators and Inspectors Board. An architect
  617  may not perform plans review as an employee of a local
  618  government upon any job that the architect or the architect’s
  619  company designed.
  620         Section 11. This act shall take effect October 1, 2017.