Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 1146
Ì785726EÎ785726
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 425 - 428
4 and insert:
5 Section 6. Present subsections (10) through (19) of section
6 553.791, Florida Statutes, are redesignated as subsections (11)
7 through (20), respectively, a new subsection (10) and subsection
8 (21) are added to that section, and subsection (1), paragraph
9 (b) of subsection (2), subsections (3), (4), and (6), paragraphs
10 (b) and (d) of subsection (7), subsections (8) and (9), and
11 present subsections (10), (11), (12), (14), and (15) are
12 amended, to read:
13 553.791 Alternative plans review and inspection.—
14 (1) As used in this section, the term:
15 (a) “Applicable codes” means the Florida Building Code and
16 any local technical amendments to the Florida Building Code but
17 does not include the applicable minimum fire prevention and
18 firesafety codes adopted pursuant to chapter 633.
19 (b) “Audit” means the process to confirm that the building
20 code inspection services have been performed by the private
21 provider, including ensuring that the required affidavit for the
22 plan review has been properly completed and submitted with
23 affixed to the permit documents and that the minimum mandatory
24 inspections required under the building code have been performed
25 and properly recorded. The local building official may not
26 replicate the plan review or inspection being performed by the
27 private provider, unless expressly authorized by this section.
28 (c) “Building” means any construction, erection,
29 alteration, demolition, or improvement of, or addition to, any
30 structure or site work for which permitting by a local
31 enforcement agency is required.
32 (d) “Building code inspection services” means those
33 services described in s. 468.603(5) and (8) involving the review
34 of building plans as well as those services involving the review
35 of site plans and site work engineering plans or their
36 functional equivalent, to determine compliance with applicable
37 codes and those inspections required by law, conducted either in
38 person or virtually, of each phase of construction for which
39 permitting by a local enforcement agency is required to
40 determine compliance with applicable codes.
41 (e) “Deliver” or “delivery” means any method of delivery
42 used in conventional business or commercial practice, including
43 delivery by electronic transmissions.
44 (f) “Duly authorized representative” means an agent of the
45 private provider identified in the permit application who
46 reviews plans or performs inspections as provided by this
47 section and who is licensed as an engineer under chapter 471 or
48 as an architect under chapter 481 or who holds a standard
49 certificate under part XII of chapter 468.
50 (g) “Electronically posted” means providing notices of
51 decisions, results, or records, including inspection records,
52 through the use of a website or other form of electronic
53 communication used to transmit or display information.
54 (h) “Electronic signature” means any letters, characters,
55 or symbols manifested by electronic or similar means which are
56 executed or adopted by a party with an intent to authenticate a
57 writing or record.
58 (i) “Electronic transmission” or “submitted electronically”
59 means any form or process of communication not directly
60 involving the physical transfer of paper or another tangible
61 medium which is suitable for the retention, retrieval, and
62 reproduction of information by the recipient and is retrievable
63 in paper form by the receipt through an automated process. All
64 notices provided for in this section may be transmitted
65 electronically and shall have the same legal effect as if
66 physically posted or mailed.
67 (j)(f) “Immediate threat to public safety and welfare”
68 means a building code violation that, if allowed to persist,
69 constitutes an immediate hazard that could result in death,
70 serious bodily injury, or significant property damage. This
71 paragraph does not limit the authority of the local building
72 official to issue a Notice of Corrective Action at any time
73 during the construction of a building project or any portion of
74 such project if the official determines that a condition of the
75 building or portion thereof may constitute a hazard when the
76 building is put into use following completion as long as the
77 condition cited is shown to be in violation of the building code
78 or approved plans.
79 (k)(g) “Local building official” means the individual
80 within the governing jurisdiction responsible for direct
81 regulatory administration or supervision of plans review,
82 enforcement, and inspection of any construction, erection,
83 alteration, demolition, or substantial improvement of, or
84 addition to, any structure for which permitting is required to
85 indicate compliance with applicable codes and includes any duly
86 authorized designee of such person.
87 (l)(h) “Permit application” means a properly completed and
88 submitted application for the requested building or construction
89 permit, including:
90 1. The plans reviewed by the private provider.
91 2. The affidavit from the private provider required under
92 subsection (6).
93 3. Any applicable fees.
94 4. Any documents required by the local building official to
95 determine that the fee owner has secured all other government
96 approvals required by law.
97 (m)(i) “Plans” means building plans, site engineering
98 plans, or site plans, or their functional equivalent, submitted
99 by a fee owner or fee owner’s contractor to a private provider
100 or duly authorized representative for review.
101 (n)(j) “Private provider” means a person licensed as a
102 building code administrator under part XII of chapter 468, as an
103 engineer under chapter 471, or as an architect under chapter
104 481. For purposes of performing inspections under this section
105 for additions and alterations that are limited to 1,000 square
106 feet or less to residential buildings, the term “private
107 provider” also includes a person who holds a standard
108 certificate under part XII of chapter 468.
109 (o) “Qualified private provider” means a private provider
110 who has previously performed plans review and inspection
111 services in the local jurisdiction and has registered with the
112 local enforcing agency by providing the local building official
113 with the private provider’s name, firm, address, telephone
114 number, and e-mail address; his or her professional license or
115 certification number, qualification statements, or resumes; and,
116 if required by the local building official, a certificate of
117 insurance demonstrating that professional liability insurance
118 coverage is in place for the private provider’s firm, the
119 private provider, and any duly authorized representative in the
120 amounts required by this section. This information must be
121 submitted on an annual basis to the local jurisdiction in order
122 to maintain qualifying status. If at any time any of the
123 information submitted to the local jurisdiction changes, the
124 private provider must contact the local jurisdiction and update
125 the information within 10 business days after the change. The
126 local jurisdiction is required to keep a registery of active
127 qualified private providers.
128 (p)(k) “Request for certificate of occupancy or certificate
129 of completion” means a properly completed and executed
130 application for:
131 1. A certificate of occupancy or certificate of completion.
132 2. A certificate of compliance from the private provider
133 required under subsection (12) (11).
134 3. Any applicable fees.
135 4. Any documents required by the local building official to
136 determine that the fee owner has secured all other government
137 approvals required by law.
138 (q) “Single-trade inspection” means any inspection focused
139 on a single construction trade, such as plumbing, mechanical, or
140 electrical. The term includes, but is not limited to,
141 inspections of door or window replacements; fences and block
142 walls more than 6 feet high from the top of the wall to the
143 bottom of the footing; stucco or plastering; reroofing with no
144 structural alteration; HVAC replacements; ductwork or fan
145 replacements; alteration or installation of wiring, lighting,
146 and service panels; water heater changeouts; sink replacements;
147 and repiping.
148 (r)(l) “Site work” means the portion of a construction
149 project that is not part of the building structure, including,
150 but not limited to, grading, excavation, landscape irrigation,
151 and installation of driveways.
152 (s)(m) “Stop-work order” means the issuance of any written
153 statement, written directive, or written order which states the
154 reason for the order and the conditions under which the cited
155 work will be permitted to resume.
156 (2)
157 (b) If an owner or contractor retains a private provider
158 for purposes of plans review or building inspection services,
159 the local jurisdiction must reduce the permit fee by the amount
160 of cost savings realized by the local enforcement agency for not
161 having to perform such services. Such reduction may be
162 calculated on a flat fee or percentage basis, or any other
163 reasonable means by which a local enforcement agency assesses
164 the cost for its plans review or inspection services It is the
165 intent of the Legislature that owners and contractors pay
166 reduced fees related to building permitting requirements when
167 hiring a private provider for plans review and building
168 inspections. A local jurisdiction must calculate the cost
169 savings to the local enforcement agency, based on a fee owner or
170 contractor hiring a private provider to perform plans reviews
171 and building inspections in lieu of the local building official,
172 and reduce the permit fees accordingly. The local jurisdiction
173 may not charge fees for building inspections if the fee owner or
174 contractor hires a private provider to perform such services;
175 however, the local jurisdiction may charge a reasonable
176 administrative fee.
177 (3) A private provider and any duly authorized
178 representative may only perform building code inspection
179 services that are within the disciplines covered by that
180 person’s licensure or certification under chapter 468, chapter
181 471, or chapter 481, including single-trade inspections. A
182 private provider may not provide building code inspection
183 services pursuant to this section upon any building designed or
184 constructed by the private provider or the private provider’s
185 firm.
186 (4) A fee owner or the fee owner’s contractor using a
187 private provider to provide building code inspection services
188 shall notify the local building official in writing at the time
189 of permit application, or by 2 p.m. local time, 2 business days
190 before the first scheduled inspection by the local building
191 official or building code enforcement agency that for a private
192 provider has been contracted to perform the performing required
193 inspections of construction under this section, including
194 single-trade inspections, on a form to be adopted by the
195 commission. This notice shall include the following information:
196 (a) The services to be performed by the private provider.
197 (b) The name, firm, address, telephone number, and e-mail
198 address facsimile number of each private provider who is
199 performing or will perform such services, his or her
200 professional license or certification number, qualification
201 statements or resumes, and, if required by the local building
202 official, a certificate of insurance demonstrating that
203 professional liability insurance coverage is in place for the
204 private provider’s firm, the private provider, and any duly
205 authorized representative in the amounts required by this
206 section.
207
208 However, the notice is not required to include such information
209 for private providers who are qualified private providers within
210 the local jurisdiction and have renewed such designation
211 pursuant to this section.
212 (c) An acknowledgment from the fee owner in substantially
213 the following form:
214
215 I have elected to use one or more private providers to
216 provide building code plans review and/or inspection
217 services on the building or structure that is the
218 subject of the enclosed permit application, as
219 authorized by s. 553.791, Florida Statutes. I
220 understand that the local building official may not
221 review the plans submitted or perform the required
222 building inspections to determine compliance with the
223 applicable codes, except to the extent specified in
224 said law. Instead, plans review and/or required
225 building inspections will be performed by licensed or
226 certified personnel identified in the application. The
227 law requires minimum insurance requirements for such
228 personnel, but I understand that I may require more
229 insurance to protect my interests. By executing this
230 form, I acknowledge that I have made inquiry regarding
231 the competence of the licensed or certified personnel
232 and the level of their insurance and am satisfied that
233 my interests are adequately protected. I agree to
234 indemnify, defend, and hold harmless the local
235 government, the local building official, and their
236 building code enforcement personnel from any and all
237 claims arising from my use of these licensed or
238 certified personnel to perform building code
239 inspection services with respect to the building or
240 structure that is the subject of the enclosed permit
241 application.
242
243 If the fee owner or the fee owner’s contractor makes any changes
244 to the listed private providers or the services to be provided
245 by those private providers, the fee owner or the fee owner’s
246 contractor shall, within 1 business day after any change or
247 within 2 business days before the next scheduled inspection,
248 update the notice to reflect such changes. A change of a duly
249 authorized representative named in the permit application does
250 not require a revision of the permit, and the building code
251 enforcement agency shall not charge a fee for making the change.
252 In addition, the fee owner or the fee owner’s contractor shall
253 post at the project site, before the commencement of
254 construction and updated within 1 business day after any change,
255 on a form to be adopted by the commission, the name, firm,
256 address, telephone number, and facsimile number of each private
257 provider who is performing or will perform building code
258 inspection services, the type of service being performed, and
259 similar information for the primary contact of the private
260 provider on the project.
261 (6) A private provider performing plans review under this
262 section shall review the plans to determine compliance with the
263 applicable codes. Upon determining that the plans reviewed
264 comply with the applicable codes, the private provider shall
265 prepare an affidavit or affidavits on a form reasonably
266 acceptable to the commission certifying, under oath, that the
267 following is true and correct to the best of the private
268 provider’s knowledge and belief:
269 (a) The plans were reviewed by the affiant, who is duly
270 authorized to perform plans review pursuant to this section and
271 holds the appropriate license or certificate.
272 (b) The plans comply with the applicable codes.
273
274 Such affidavit may bear a written or electronic signature and
275 may be submitted electronically to the local building official.
276 (7)
277 (b) If the local building official provides a written
278 notice of plan deficiencies to the permit applicant within the
279 prescribed 20-day period, the 20-day period shall be tolled
280 pending resolution of the matter. To resolve the plan
281 deficiencies, the permit applicant may elect to dispute the
282 deficiencies pursuant to subsection (14) (13) or to submit
283 revisions to correct the deficiencies.
284 (d) If the local building official provides a second
285 written notice of plan deficiencies to the permit applicant
286 within the prescribed time period, the permit applicant may
287 elect to dispute the deficiencies pursuant to subsection (14)
288 (13) or to submit additional revisions to correct the
289 deficiencies. For all revisions submitted after the first
290 revision, the local building official has an additional 5
291 business days from the date of resubmittal to issue the
292 requested permit or to provide a written notice to the permit
293 applicant stating which of the previously identified plan
294 features remain in noncompliance with the applicable codes, with
295 specific reference to the relevant code chapters and sections.
296 (8) A private provider performing required inspections
297 under this section shall inspect each phase of construction as
298 required by the applicable codes. Such inspection may be
299 performed in-person or virtually. The private provider may have
300 shall be permitted to send a duly authorized representative to
301 the building site to perform the required inspections, provided
302 all required reports are prepared by and bear the written or
303 electronic signature of the private provider or the private
304 provider’s duly authorized representative. The duly authorized
305 representative must be an employee of the private provider
306 entitled to receive reemployment assistance benefits under
307 chapter 443. The contractor’s contractual or legal obligations
308 are not relieved by any action of the private provider.
309 (9) A private provider performing required inspections
310 under this section shall provide notice to the local building
311 official of the date and approximate time of any such inspection
312 no later than the prior business day by 2 p.m. local time or by
313 any later time permitted by the local building official in that
314 jurisdiction. The local building official may not prohibit the
315 private provider from performing any inspection outside the
316 local building official’s normal operating hours, including
317 after hours, weekends, or holidays. The local building official
318 may visit the building site as often as necessary to verify that
319 the private provider is performing all required inspections. A
320 deficiency notice must be posted at the job site by the private
321 provider, the duly authorized representative of the private
322 provider, or the building department whenever a noncomplying
323 item related to the building code or the permitted documents is
324 found. Such notice may be physically posted at the job site or
325 electronically posted. After corrections are made, the item must
326 be reinspected by the private provider or representative before
327 being concealed. Reinspection or reaudit fees shall not be
328 charged by the local jurisdiction as a result of the local
329 jurisdiction’s audit inspection occurring before the performance
330 of the private provider’s inspection or for any other
331 administrative matter not involving the detection of a violation
332 of the building code or a permit requirement.
333 (10) If equipment replacements and repairs must be
334 performed in an emergency situation, subject to the emergency
335 permitting provisions of the Florida Building Code, a private
336 provider may perform emergency inspection services without first
337 notifying the local building official pursuant to subsection
338 (9). A private provider must conduct the inspection within 3
339 business days after being contacted to conduct an emergency
340 inspection and must submit the inspection report to the local
341 building official within 1 day after the inspection is
342 completed.
343 (11)(10) Upon completing the required inspections at each
344 applicable phase of construction, the private provider shall
345 record such inspections on a form acceptable to the local
346 building official. The form must bear the written or electronic
347 signature of be signed by the provider or the provider’s duly
348 authorized representative. These inspection records shall
349 reflect those inspections required by the applicable codes of
350 each phase of construction for which permitting by a local
351 enforcement agency is required. The private provider, upon
352 completion of the required inspection before leaving the project
353 site, shall post each completed inspection record, indicating
354 pass or fail, at the site and provide the record to the local
355 building official within 2 business days. Such inspection record
356 may be electronically posted by the private provider or the
357 private provider may post such inspection record physically at
358 the project site. The private provider may electronically
359 transmit the record to the local building official. The local
360 building official may waive the requirement to provide a record
361 of each inspection within 2 business days if the record is
362 electronically posted or posted at the project site and all such
363 inspection records are submitted with the certificate of
364 compliance. Unless the records have been electronically posted,
365 records of all required and completed inspections shall be
366 maintained at the building site at all times and made available
367 for review by the local building official. The private provider
368 shall report to the local enforcement agency any condition that
369 poses an immediate threat to public safety and welfare.
370 (12)(11) Upon completion of all required inspections, the
371 private provider shall prepare a certificate of compliance, on a
372 form acceptable to the local building official, summarizing the
373 inspections performed and including a written representation,
374 under oath, that the stated inspections have been performed and
375 that, to the best of the private provider’s knowledge and
376 belief, the building construction inspected complies with the
377 approved plans and applicable codes. The statement required of
378 the private provider shall be substantially in the following
379 form and shall be signed and sealed by a private provider as
380 established in subsection (1) or may be electronically
381 transmitted to the local building official:
382
383 To the best of my knowledge and belief, the building
384 components and site improvements outlined herein and
385 inspected under my authority have been completed in
386 conformance with the approved plans and the applicable
387 codes.
388
389 (13)(12) No more than 2 business days after receipt of a
390 request for a certificate of occupancy or certificate of
391 completion and the applicant’s presentation of a certificate of
392 compliance and approval of all other government approvals
393 required by law, the local building official shall issue the
394 certificate of occupancy or certificate of completion or provide
395 a notice to the applicant identifying the specific deficiencies,
396 as well as the specific code chapters and sections. If the local
397 building official does not provide notice of the deficiencies
398 within the prescribed 2-day period, the request for a
399 certificate of occupancy or certificate of completion shall be
400 deemed granted and the certificate of occupancy or certificate
401 of completion shall be issued by the local building official on
402 the next business day. To resolve any identified deficiencies,
403 the applicant may elect to dispute the deficiencies pursuant to
404 subsection (14) (13) or to submit a corrected request for a
405 certificate of occupancy or certificate of completion.
406 (15)(14) For the purposes of this section, any notice to be
407 provided by the local building official shall be deemed to be
408 provided to the person or entity when successfully transmitted
409 to the e-mail address facsimile number listed for that person or
410 entity in the permit application or revised permit application,
411 or, if no e-mail address facsimile number is stated, when
412 actually received by that person or entity.
413 (16)(a)(15)(a) A local enforcement agency, local building
414 official, or local government may not adopt or enforce any laws,
415 rules, procedures, policies, qualifications, or standards more
416 stringent than those prescribed by this section.
417 (b) A local enforcement agency, local building official, or
418 local government may establish, for private providers and duly
419 authorized representatives working within that jurisdiction, a
420 system of registration to verify compliance with the licensure
421 requirements of paragraph (1)(n) (1)(j) and the insurance
422 requirements of subsection (17). Such registration must be
423 distinct from the registry of qualified private providers (16).
424 (c) This section does not limit the authority of the local
425 building official to issue a stop-work order for a building
426 project or any portion of the project, as provided by law, if
427 the official determines that a condition on the building site
428 constitutes an immediate threat to public safety and welfare.
429 (21) Notwithstanding any other law, a county, a
430
431 ================= T I T L E A M E N D M E N T ================
432 And the title is amended as follows:
433 Between lines 43 and 44
434 insert:
435 revising and defining terms; providing requirements
436 for qualified private providers; requiring local
437 jurisdictions to reduce permit fees under certain
438 circumstances; deleting legislative intent; specifying
439 that contractors using private providers to provide
440 building code inspections services must notify local
441 building officials in writing; revising notice
442 requirements; deleting a provision requiring fee
443 owners or fee owners’ contractors to post certain
444 information at a project site before commencing
445 construction; authorizing certain affidavits to be
446 signed with electronic signatures and be submitted to
447 local building officials electronically; authorizing
448 certain inspections to be performed in-person or
449 virtually; authorizing certain reports to be signed
450 with electronic signatures; authorizing certain
451 notices to be electronically posted; authorizing
452 private providers to perform certain replacements and
453 repairs without first notifying local building
454 officials under certain circumstances; authorizing
455 certain forms to be signed with electronic signatures;
456 authorizing certain inspection records to be
457 electronically posted and electronically submitted to
458 local building officials; authorizing certificates of
459 compliance to be electronically transmitted to local
460 building officials; specifying that a certain registry
461 must be distinct from the registry of qualified
462 private providers; conforming provisions to changes
463 made by the act;