Florida Senate - 2022 SB 1020 By Senator Perry 8-00394B-22 20221020__ 1 A bill to be entitled 2 An act relating to building plans; amending s. 553.79, 3 F.S.; specifying that local building code 4 administrators and certain marshals and inspectors do 5 not have discretionary authority to change certain 6 building plans under specified circumstances; 7 conforming provisions to changes made by the act; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraph (a) of subsection (1) and subsection 13 (2) of section 553.79, Florida Statutes, are amended to read: 14 553.79 Permits; applications; issuance; inspections.— 15 (1)(a) After the effective date of the Florida Building 16 Code adopted as herein provided, it is
shall beunlawful for any 17 person, firm, corporation, or governmental entity to construct, 18 erect, alter, modify, repair, or demolish any building within 19 the thisstate without first obtaining a permit therefor from 20 the appropriate enforcing agency or from such persons as may, by 21 appropriate resolution or regulation of the authorized state or 22 local enforcing agency, be delegated authority to issue such 23 permits, upon the payment of such reasonable fees adopted by the 24 enforcing agency. The enforcing agency is empowered to revoke 25 any such permit upon a determination by the agency that the 26 construction, erection, alteration, modification, repair, or 27 demolition of the building for which the permit was issued is in 28 violation of, or does not conform not in conformitywith, the 29 provisions of theFlorida Building Code. If Whenevera permit 30 required under this section is denied or revoked because the 31 plan, or the construction, erection, alteration, modification, 32 repair, or demolition of a building, is found by the local 33 enforcing agency to not comply be not in compliancewith the 34 Florida Building Code, the local enforcing agency shall identify 35 the specific plan or project features that do not comply with 36 the applicable codes, identify the specific code chapters and 37 sections upon which the finding is based, and provide this 38 information to the permit applicant. A plans reviewer, local or39 building code administrator or inspector, or firesafety marshal 40 or inspector who is responsible for issuing a denial, 41 revocation, or modification request but fails to provide to the 42 permit applicant a reason for denying, revoking, or requesting a 43 modification, based on compliance with the Florida Building 44 Code, the Florida Fire Prevention Code and the Life Safety Code, 45 or local ordinance, is subject to disciplinary action against 46 his or her license pursuant to s. 468.621(1)(i). Installation, 47 replacement, removal, or metering of any load management control 48 device is exempt from and is shallnot besubject to the permit 49 process and fees otherwise required by this section. 50 (2)(a) Except as provided in subsection (8), an enforcing 51 agency may not issue any permit for construction, erection, 52 alteration, modification, repair, or demolition of any building 53 or structure until the local building code administrator or 54 inspector has reviewed the plans and specifications required by 55 the Florida Building Code, or local amendment thereto, for such 56 proposal and found that the plans comply to be in compliance57 with the Florida Building Code. If the local building code 58 administrator or inspector finds that the plans do not comply 59 are not in compliancewith the Florida Building Code, the local 60 building code administrator or inspector shall identify the 61 specific plan features that do not comply with the applicable 62 codes, identify the specific code chapters and sections upon 63 which the finding is based, and provide this information to the 64 local enforcing agency. The local enforcing agency shall provide 65 this information to the permit applicant. 66 (b) In addition,An enforcing agency may not issue any 67 permit for construction, erection, alteration, modification, 68 repair, or demolition of any building or structure until the 69 appropriate firesafety marshal or inspector certified under 70 pursuant tos. 633.216 has reviewed the plans and specifications 71 required by the Florida Building Code, or local amendment 72 thereto, for such proposal and found that the plans comply with 73 the Florida Fire Prevention Code and the Life Safety Code. If a 74 firesafety marshal or inspector is required to approve the plans 75 of a commercial building or structure, and such plans have 76 already been approved and sealed by the local building 77 department, the local building code administrator or inspector 78 and the firesafety marshal or inspector do not have the 79 discretionary authority to change the plans. Any building or 80 structure that whichis not subject to a firesafety code is 81 shallnot berequired to have its plans reviewed by the 82 firesafety marshal or inspector. If a firesafety marshal or 83 inspector is not required to approve the plans of a commercial 84 or residential building or structure, and such plans have 85 already been approved and sealed by the local building 86 department, the local building code administrator or inspector 87 does not have the discretionary authority to change the plans. 88 Any building or structure that is exempt from the local building 89 permit process may not be required to have its plans reviewed by 90 the local building code administrator or inspector. 91 (c) Industrial construction on sites where design, 92 construction, and firesafety are supervised by appropriate 93 design and inspection professionals and which contain adequate 94 in-house fire departments and rescue squads is exempt, subject 95 to local government option, from review of plans and 96 inspections, providing owners certify that applicable codes and 97 standards have been met and supply appropriate approved drawings 98 to local building code administrators or inspectors and 99 firesafety marshals or inspectors. 100 (d) The enforcing agency shall issue a permit to construct, 101 erect, alter, modify, repair, or demolish any building or 102 structure when the plans and specifications for such proposal 103 comply with the Florida Building Code and the Florida Fire 104 Prevention Code and the Life Safety Code as determined by the 105 local authority in accordance with this chapter and chapter 633. 106 Section 2. This act shall take effect July 1, 2022.