Florida Senate - 2017                CS for CS for CS for SB 860
       
       
        
       By the Committees on Appropriations; Regulated Industries; and
       Community Affairs; and Senators Brandes and Lee
       
       
       
       
       576-04738-17                                           2017860c3
    1                        A bill to be entitled                      
    2         An act relating to building code administrators and
    3         inspectors; amending s. 468.603, F.S.; revising
    4         definitions; amending s. 468.609, F.S.; revising
    5         eligibility requirements for the examination for
    6         certification as a building code inspector or plans
    7         examiner to include an internship certification
    8         program; removing an eligibility condition from
    9         provisions related to provisional certificates;
   10         requiring the Florida Building Code Administrators and
   11         Inspectors Board to establish rules; amending s.
   12         468.617, F.S.; authorizing specified entities to
   13         contract for the provision of building code
   14         administrator and building official services; amending
   15         s. 553.791, F.S.; conforming provisions to changes
   16         made by the act; revising a definition; amending ss.
   17         471.045 and 481.222; conforming cross-references;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 468.603, Florida Statutes, is amended to
   23  read:
   24         468.603 Definitions.—As used in this part:
   25         (2)(1) “Building code administrator” or “building official”
   26  means any of those employees of municipal or county governments,
   27  or any person contracted, with building construction regulation
   28  responsibilities who are charged with the responsibility for
   29  direct regulatory administration or supervision of plan review,
   30  enforcement, or inspection of building construction, erection,
   31  repair, addition, remodeling, demolition, 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. This term is synonymous
   36  with “building official” as used in the administrative chapter
   37  of the Standard Building Code and the South Florida Building
   38  Code. One person employed or contracted by each municipal or
   39  county government as a building code administrator or building
   40  official and who is so certified under this part may be
   41  authorized to perform any plan review or inspection for which
   42  certification is required by this part, including performing any
   43  plan review or inspection as a currently designated standard
   44  certified building official under an interagency service
   45  agreement with a jurisdiction having a population of 50,000 or
   46  less.
   47         (4)(2) “Building code inspector” means any of those
   48  employees of local governments or state agencies, or any person
   49  contracted, with building construction regulation
   50  responsibilities who themselves conduct inspections of building
   51  construction, erection, repair, addition, or alteration projects
   52  that require permitting indicating compliance with building,
   53  plumbing, mechanical, electrical, gas, fire prevention, energy,
   54  accessibility, and other construction codes as required by state
   55  law or municipal or county ordinance.
   56         (1)(3) “Board” means the Florida Building Code
   57  Administrators and Inspectors Board.
   58         (7)(4) “Department” means the Department of Business and
   59  Professional Regulation.
   60         (6)(5) “Certificate” means a certificate of qualification
   61  issued by the department as provided in this part.
   62         (5)(6) “Categories of building code inspectors” include the
   63  following:
   64         (a) “Building inspector” means a person who is qualified to
   65  inspect and determine that buildings and structures are
   66  constructed in accordance with the provisions of the governing
   67  building codes and state accessibility laws.
   68         (b) “Coastal construction inspector” means a person who is
   69  qualified to inspect and determine that buildings and structures
   70  are constructed to resist near-hurricane and hurricane velocity
   71  winds in accordance with the provisions of the governing
   72  building code.
   73         (c) “Commercial electrical inspector” means a person who is
   74  qualified to inspect and determine the electrical safety of
   75  commercial buildings and structures by inspecting for compliance
   76  with the provisions of the National Electrical Code.
   77         (h)(d) “Residential electrical inspector” means a person
   78  who is qualified to inspect and determine the electrical safety
   79  of one and two family dwellings and accessory structures by
   80  inspecting for compliance with the applicable provisions of the
   81  governing electrical code.
   82         (e) “Mechanical inspector” means a person who is qualified
   83  to inspect and determine that the mechanical installations and
   84  systems for buildings and structures are in compliance with the
   85  provisions of the governing mechanical code.
   86         (g)(f) “Plumbing inspector” means a person who is qualified
   87  to inspect and determine that the plumbing installations and
   88  systems for buildings and structures are in compliance with the
   89  provisions of the governing plumbing code.
   90         (f)(g) “One and two family dwelling inspector” means a
   91  person who is qualified to inspect and determine that one and
   92  two family dwellings and accessory structures are constructed in
   93  accordance with the provisions of the governing building,
   94  plumbing, mechanical, accessibility, and electrical codes.
   95         (d)(h) “Electrical inspector” means a person who is
   96  qualified to inspect and determine the electrical safety of
   97  commercial and residential buildings and accessory structures by
   98  inspecting for compliance with the provisions of the National
   99  Electrical Code.
  100         (8)(7) “Plans examiner” means a person who is qualified to
  101  determine that plans submitted for purposes of obtaining
  102  building and other permits comply with the applicable building,
  103  plumbing, mechanical, electrical, gas, fire prevention, energy,
  104  accessibility, and other applicable construction codes. The term
  105  includes a residential plans examiner who is qualified to
  106  determine that plans submitted for purposes of obtaining
  107  building and other permits comply with the applicable
  108  residential building, plumbing, mechanical, electrical, gas,
  109  energy, accessibility, and other applicable construction codes.
  110  Categories of plans examiners include:
  111         (a) Building plans examiner.
  112         (b) Plumbing plans examiner.
  113         (c) Mechanical plans examiner.
  114         (d) Electrical plans examiner.
  115         (3)(8) “Building code enforcement official” or “enforcement
  116  official” means a licensed building code administrator, building
  117  code inspector, or plans examiner.
  118         Section 2. Paragraph (c) of subsection (2), paragraphs (a)
  119  and (d) of subsection (7), and subsection (10) of section
  120  468.609, Florida Statutes, are amended to read:
  121         468.609 Administration of this part; standards for
  122  certification; additional categories of certification.—
  123         (2) A person may take the examination for certification as
  124  a building code inspector or plans examiner pursuant to this
  125  part if the person:
  126         (c) Meets eligibility requirements according to one of the
  127  following criteria:
  128         1. Demonstrates 5 years’ combined experience in the field
  129  of construction or a related field, building code inspection, or
  130  plans review corresponding to the certification category sought;
  131         2. Demonstrates a combination of postsecondary education in
  132  the field of construction or a related field and experience
  133  which totals 4 years, with at least 1 year of such total being
  134  experience in construction, building code inspection, or plans
  135  review;
  136         3. Demonstrates a combination of technical education in the
  137  field of construction or a related field and experience which
  138  totals 4 years, with at least 1 year of such total being
  139  experience in construction, building code inspection, or plans
  140  review;
  141         4. Currently holds a standard certificate issued by the
  142  board or a firesafety inspector license issued pursuant to
  143  chapter 633, has a minimum of 3 years’ verifiable full-time
  144  experience in inspection or plan review, and has satisfactorily
  145  completed a building code inspector or plans examiner training
  146  program that provides at least 100 hours but not more than 200
  147  hours of cross-training in the certification category sought.
  148  The board shall establish by rule criteria for the development
  149  and implementation of the training programs. The board shall
  150  accept all classroom training offered by an approved provider if
  151  the content substantially meets the intent of the classroom
  152  component of the training program;
  153         5. Demonstrates a combination of the completion of an
  154  approved training program in the field of building code
  155  inspection or plan review and a minimum of 2 years’ experience
  156  in the field of building code inspection, plan review, fire code
  157  inspections and fire plans review of new buildings as a
  158  firesafety inspector certified under s. 633.216, or
  159  construction. The approved training portion of this requirement
  160  shall include proof of satisfactory completion of a training
  161  program that provides at least 200 hours but not more than 300
  162  hours of cross-training that is approved by the board in the
  163  chosen category of building code inspection or plan review in
  164  the certification category sought with at least 20 hours but not
  165  more than 30 hours of instruction in state laws, rules, and
  166  ethics relating to professional standards of practice, duties,
  167  and responsibilities of a certificateholder. The board shall
  168  coordinate with the Building Officials Association of Florida,
  169  Inc., to establish by rule the development and implementation of
  170  the training program. However, the board shall accept all
  171  classroom training offered by an approved provider if the
  172  content substantially meets the intent of the classroom
  173  component of the training program; or
  174         6. Currently holds a standard certificate issued by the
  175  board or a firesafety inspector license issued pursuant to
  176  chapter 633 and:
  177         a. Has at least 5 years’ verifiable full-time experience as
  178  an inspector or plans examiner in a standard certification
  179  category currently held or has a minimum of 5 years’ verifiable
  180  full-time experience as a firesafety inspector licensed pursuant
  181  to chapter 633.
  182         b. Has satisfactorily completed a building code inspector
  183  or plans examiner classroom training course or program that
  184  provides at least 200 but not more than 300 hours in the
  185  certification category sought, except for one-family and two
  186  family dwelling training programs, which must provide at least
  187  500 but not more than 800 hours of training as prescribed by the
  188  board. The board shall establish by rule criteria for the
  189  development and implementation of classroom training courses and
  190  programs in each certification category; or
  191         7.a.Has completed a 4-year internship certification
  192  program as a building code inspector or plans examiner while
  193  employed full-time by a municipality, county, or other
  194  governmental jurisdiction, under the direct supervision of a
  195  certified building official. Proof of graduation with a related
  196  vocational degree or college degree or of verifiable work
  197  experience may be exchanged for the internship experience
  198  requirement year-for-year, but may reduce the requirement to no
  199  less than 1 year.
  200         b.Has passed an examination administered by the
  201  International Code Council in the certification category sought.
  202  Such examination must be passed before beginning the internship
  203  certification program.
  204         c.Has passed the principles and practice examination
  205  before completing the internship certification program.
  206         d.Has passed a board-approved 40-hour code training course
  207  in the certification category sought before completing the
  208  internship certification program.
  209         e.Has obtained a favorable recommendation from the
  210  supervising building official after completion of the internship
  211  certification program.
  212         (7)(a) The board shall provide for the issuance of
  213  provisional certificates valid for 1 year, as specified by board
  214  rule, to any newly employed or promoted building code inspector
  215  or plans examiner who meets the eligibility requirements
  216  described in subsection (2) and any newly employed or promoted
  217  building code administrator who meets the eligibility
  218  requirements described in subsection (3). The provisional
  219  license may be renewed by the board for just cause; however, a
  220  provisional license is not valid for longer than 3 years.
  221         (d) A newly employed or hired person may perform the duties
  222  of a plans examiner or building code inspector for 120 days if a
  223  provisional certificate application has been submitted if such
  224  person is under the direct supervision of a certified building
  225  code administrator who holds a standard certification and who
  226  has found such person qualified for a provisional certificate.
  227  Direct supervision and the determination of qualifications may
  228  also be provided by a building code administrator who holds a
  229  limited or provisional certificate in a county having a
  230  population of fewer than 75,000 and in a municipality located
  231  within such county.
  232         (10)(a) The board may by rule create categories of
  233  certification in addition to those defined in s. 468.603(5) and
  234  (8) 468.603(6) and (7). Such certification categories shall not
  235  be mandatory and shall not act to diminish the scope of any
  236  certificate created by statute.
  237         (b)The board shall by rule establish:
  238         1.Reciprocity of certification with any other state that
  239  requires an examination administered by the International Code
  240  Council.
  241         2.That an applicant for certification as a building code
  242  inspector or plans examiner may apply for a provisional
  243  certificate valid for the duration of the internship period.
  244         3.That partial completion of an internship program may be
  245  transferred between jurisdictions on a form prescribed by the
  246  board.
  247         4.That an applicant may apply for a standard certificate
  248  on a form prescribed by the board upon successful completion of
  249  an internship certification program.
  250         5.That an applicant may apply for a standard certificate
  251  at least 30 days and no more than 60 days before completing the
  252  internship certification program.
  253         6.That a building code inspector or plans examiner who has
  254  standard certification may seek an additional certification in
  255  another category by completing an additional nonconcurrent 1
  256  year internship program in the certification category sought and
  257  passing an examination administered by the International Code
  258  Council and a board-approved 40-hour code training course.
  259         Section 3. Subsection (3) of section 468.617, Florida
  260  Statutes, is amended to read:
  261         468.617 Joint building code inspection department; other
  262  arrangements.—
  263         (3) Nothing in this part shall prohibit any county or
  264  municipal government, school board, community college board,
  265  state university, or state agency from entering into any
  266  contract with any person or entity for the provision of building
  267  code administrator, building official, or building code
  268  inspection services regulated under this part, and
  269  notwithstanding any other statutory provision, such county or
  270  municipal governments may enter into contracts.
  271         Section 4. Paragraphs (d) and (i) of subsection (1) of
  272  section 553.791, Florida Statutes, are amended to read:
  273         553.791 Alternative plans review and inspection.—
  274         (1) As used in this section, the term:
  275         (d) “Building code inspection services” means those
  276  services described in s. 468.603(5) and (8) 468.603(6) and (7)
  277  involving the review of building plans to determine compliance
  278  with applicable codes and those inspections required by law of
  279  each phase of construction for which permitting by a local
  280  enforcement agency is required to determine compliance with
  281  applicable codes.
  282         (i) “Private provider” means a person licensed as a
  283  building code administrator under part XII of chapter 468, as an
  284  engineer under chapter 471, or as an architect under chapter
  285  481. For purposes of performing inspections under this section
  286  for additions and alterations that are limited to 1,000 square
  287  feet or less to residential buildings, the term “private
  288  provider” also includes a person who holds a standard
  289  certificate under part XII of chapter 468.
  290         Section 5. Section 471.045, Florida Statutes, is amended to
  291  read:
  292         471.045 Professional engineers performing building code
  293  inspector duties.—Notwithstanding any other provision of law, a
  294  person who is currently licensed under this chapter to practice
  295  as a professional engineer may provide building code inspection
  296  services described in s. 468.603(5) and (8) 468.603(6) and (7)
  297  to a local government or state agency upon its request, without
  298  being certified by the Florida Building Code Administrators and
  299  Inspectors Board under part XII of chapter 468. When performing
  300  these building code inspection services, the professional
  301  engineer is subject to the disciplinary guidelines of this
  302  chapter and s. 468.621(1)(c)-(h). Any complaint processing,
  303  investigation, and discipline that arise out of a professional
  304  engineer’s performing building code inspection services shall be
  305  conducted by the Board of Professional Engineers rather than the
  306  Florida Building Code Administrators and Inspectors Board. A
  307  professional engineer may not perform plans review as an
  308  employee of a local government upon any job that the
  309  professional engineer or the professional engineer’s company
  310  designed.
  311         Section 6. Section 481.222, Florida Statutes, is amended to
  312  read:
  313         481.222 Architects performing building code inspection
  314  services.—Notwithstanding any other provision of law, a person
  315  who is currently licensed to practice as an architect under this
  316  part may provide building code inspection services described in
  317  s. 468.603(5) and (8) 468.603(6) and (7) to a local government
  318  or state agency upon its request, without being certified by the
  319  Florida Building Code Administrators and Inspectors Board under
  320  part XII of chapter 468. With respect to the performance of such
  321  building code inspection services, the architect is subject to
  322  the disciplinary guidelines of this part and s. 468.621(1)(c)
  323  (h). Any complaint processing, investigation, and discipline
  324  that arise out of an architect’s performance of building code
  325  inspection services shall be conducted by the Board of
  326  Architecture and Interior Design rather than the Florida
  327  Building Code Administrators and Inspectors Board. An architect
  328  may not perform plans review as an employee of a local
  329  government upon any job that the architect or the architect’s
  330  company designed.
  331         Section 7. This act shall take effect July 1, 2017.