Florida Senate - 2022 SB 644
By Senator Brodeur
9-00831-22 2022644__
1 A bill to be entitled
2 An act relating to building inspection services;
3 amending s. 468.603, F.S.; defining the term “private
4 entity”; amending s. 468.609, F.S.; revising
5 eligibility requirements for a person applying to
6 become certified as a building code inspector or plans
7 examiner; revising the special conditions or
8 requirements that the Florida Building Code
9 Administrators and Inspectors Board may impose on
10 provisional certificates; revising qualifications of a
11 building code administrator who may directly supervise
12 certain persons performing duties of a plans examiner
13 or building code inspector under certain
14 circumstances; requiring the board to authorize, by
15 rule, the transfer of a partial completion of an
16 internship program between private entities; amending
17 s. 553.791, F.S.; specifying a requirement for the
18 basis of the administrative fee that a local
19 jurisdiction may charge when an owner or a contractor
20 hires a private provider for inspection services;
21 requiring the local jurisdiction to provide access to
22 certain documents to a private provider, contractor,
23 and owner; providing that a certificate of occupancy
24 or certificate of completion is automatically granted
25 and issued, and the permit application closed, under
26 certain circumstances; requiring the local building
27 official to provide a written certificate of occupancy
28 or certificate of completion within a specified time;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsection (9) is added to section 468.603,
34 Florida Statutes, to read:
35 468.603 Definitions.—As used in this part:
36 (9) “Private entity” has the same meaning as in s.
37 553.5141(1)(f).
38 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
39 and (d) of subsection (7), and paragraph (b) of subsection (10)
40 of section 468.609, Florida Statutes, are amended to read:
41 468.609 Administration of this part; standards for
42 certification; additional categories of certification.—
43 (2) A person may take the examination for certification as
44 a building code inspector or plans examiner pursuant to this
45 part if the person:
46 (c) Meets eligibility requirements according to one of the
47 following criteria:
48 1. Demonstrates 4 years’ combined experience in the field
49 of construction or a related field, building code inspection, or
50 plans review corresponding to the certification category sought;
51 2. Demonstrates a combination of postsecondary education in
52 the field of construction or a related field and experience
53 which totals 3 years, with at least 1 year of such total being
54 experience in construction, building code inspection, or plans
55 review;
56 3. Demonstrates a combination of technical education in the
57 field of construction or a related field and experience which
58 totals 3 years, with at least 1 year of such total being
59 experience in construction, building code inspection, or plans
60 review;
61 4. Currently holds a standard certificate issued by the
62 board or a firesafety inspector license issued under pursuant to
63 chapter 633, with a minimum of 3 years’ verifiable full-time
64 experience in firesafety inspection or firesafety plan review,
65 and has satisfactorily completed a building code inspector or
66 plans examiner training program that provides at least 100 hours
67 but not more than 200 hours of cross-training in the
68 certification category sought. The board shall establish by rule
69 criteria for the development and implementation of the training
70 programs. The board must shall accept all classroom training
71 offered by an approved provider if the content substantially
72 meets the intent of the classroom component of the training
73 program;
74 5. Demonstrates a combination of the completion of an
75 approved training program in the field of building code
76 inspection or plan review and a minimum of 2 years’ experience
77 in the field of building code inspection, plan review, fire code
78 inspections and fire plans review of new buildings as a
79 firesafety inspector certified under s. 633.216, or
80 construction. The approved training portion of this requirement
81 must shall include proof of satisfactory completion of a
82 training program that provides at least 200 hours but not more
83 than 300 hours of cross-training that is approved by the board
84 in the chosen category of building code inspection or plan
85 review in the certification category sought with at least 20
86 hours but not more than 30 hours of instruction in state laws,
87 rules, and ethics relating to professional standards of
88 practice, duties, and responsibilities of a certificateholder.
89 The board shall coordinate with the Building Officials
90 Association of Florida, Inc., to establish by rule the
91 development and implementation of the training program. However,
92 the board must shall accept all classroom training offered by an
93 approved provider if the content substantially meets the intent
94 of the classroom component of the training program;
95 6. Currently holds a standard certificate issued by the
96 board or a firesafety inspector license issued under pursuant to
97 chapter 633 and:
98 a. Has at least 4 years’ verifiable full-time experience as
99 an inspector or plans examiner in a standard certification
100 category currently held or has a minimum of 4 years’ verifiable
101 full-time experience as a firesafety inspector licensed under
102 pursuant to chapter 633.
103 b. Has satisfactorily completed a building code inspector
104 or plans examiner classroom training course or program that
105 provides at least 200 but not more than 300 hours in the
106 certification category sought, except for residential one-family
107 and two-family dwelling training programs, which must provide at
108 least 500 but not more than 800 hours of training as prescribed
109 by the board. The board shall establish by rule criteria for the
110 development and implementation of classroom training courses and
111 programs in each certification category; or
112 7.a. Has completed a 4-year internship certification
113 program as a building code inspector or plans examiner while
114 also employed full-time by a municipality, county, or other
115 governmental jurisdiction, under the direct supervision of a
116 certified building official, or by a private entity that
117 conducts the same or similar services as a municipality, county,
118 or other governmental jurisdiction, while under the direct
119 supervision of a person licensed as a building code
120 administrator under this part. Proof of graduation with a
121 related vocational degree or college degree or of verifiable
122 work experience may be exchanged for the internship experience
123 requirement year-for-year, but may reduce the requirement to no
124 less than 1 year.
125 b. Has passed an examination administered by the
126 International Code Council in the certification category sought.
127 Such examination must be passed before beginning the internship
128 certification program.
129 c. Has passed the principles and practice examination
130 before completing the internship certification program.
131 d. Has passed a board-approved 40-hour code training course
132 in the certification category sought before completing the
133 internship certification program.
134 e. Has obtained a favorable recommendation from the
135 supervising building official after completion of the internship
136 certification program.
137 (7)
138 (c) The board shall provide for appropriate levels of
139 provisional certificates and may issue these certificates with
140 such special conditions or requirements relating to the place of
141 employment of the person holding the certificate, the
142 supervision of such person on a consulting or advisory basis, or
143 other matters as the board deems may deem necessary to protect
144 the public safety and health. The board may not place a special
145 condition or requirement on a provisional certificate with
146 respect to the requirement of employment by a municipality,
147 county, or other local government agency.
148 (d) A person may perform the duties of a plans examiner or
149 building code inspector for 120 days if a provisional
150 certificate application has been submitted if such person is
151 under the direct supervision of a person licensed as a certified
152 building code administrator under this part who holds a standard
153 certification and who has found such person qualified for a
154 provisional certificate. Direct supervision and the
155 determination of qualifications may also be provided by a
156 building code administrator who holds a limited or provisional
157 certificate in a county having a population of fewer than 75,000
158 and in a municipality located within such county.
159 (10)
160 (b) The board shall by rule establish:
161 1. Reciprocity of certification with any other state that
162 requires an examination administered by the International Code
163 Council.
164 2. That an applicant for certification as a building code
165 inspector or plans examiner may apply for a provisional
166 certificate valid for the duration of the internship period.
167 3. That partial completion of an internship program may be
168 transferred between jurisdictions or private entities on a form
169 prescribed by the board.
170 4. That an applicant may apply for a standard certificate
171 on a form prescribed by the board upon successful completion of
172 an internship certification program.
173 5. That an applicant may apply for a standard certificate
174 at least 30 days but and no more than 60 days before completing
175 the internship certification program.
176 6. That a building code inspector or plans examiner who has
177 standard certification may seek an additional certification in
178 another category by completing an additional nonconcurrent 1
179 year internship program in the certification category sought and
180 passing an examination administered by the International Code
181 Council and a board-approved 40-hour code training course.
182 Section 3. Paragraph (b) of subsection (2) and subsection
183 (13) of section 553.791, Florida Statutes, are amended, and
184 paragraph (c) is added to subsection (2) of that section, to
185 read:
186 553.791 Alternative plans review and inspection.—
187 (2)
188 (b) If an owner or contractor retains a private provider
189 for purposes of plans review or building inspection services,
190 the local jurisdiction must reduce the permit fee by the amount
191 of cost savings realized by the local enforcement agency for not
192 having to perform such services. Such reduction may be
193 calculated on a flat fee or percentage basis, or any other
194 reasonable means by which a local enforcement agency assesses
195 the cost for its plans review or inspection services. The local
196 jurisdiction may not charge fees for building inspections if the
197 fee owner or contractor hires a private provider to perform such
198 services; however, the local jurisdiction may charge a
199 reasonable administrative fee, which shall be based on the cost
200 that is actually incurred, including the labor cost of the
201 personnel providing the service, by the local jurisdiction or
202 attributable to the local jurisdiction for the clerical and
203 supervisory assistance required, or both.
204 (c) If an owner or a contractor retains a private provider
205 for purposes of plans review or building inspection services,
206 the local jurisdiction must provide equal access to all
207 permitting and inspection documents and reports to the private
208 provider, owner, and contractor.
209 (13) No more than 2 business days after receipt of a
210 request for a certificate of occupancy or certificate of
211 completion and the applicant’s presentation of a certificate of
212 compliance and approval of all other government approvals
213 required by law, the local building official shall issue the
214 certificate of occupancy or certificate of completion or provide
215 a notice to the applicant identifying the specific deficiencies,
216 as well as the specific code chapters and sections. If the local
217 building official does not provide notice of the deficiencies
218 within the prescribed 2-day period, the request for a
219 certificate of occupancy or certificate of completion is
220 automatically shall be deemed granted and considered the
221 certificate of occupancy or certificate of completion shall be
222 issued as of by the local building official on the next business
223 day, and the permit is closed. The local building official must
224 provide the applicant with the written certificate of occupancy
225 or certificate of completion within 10 days after it is
226 automatically granted and issued. To resolve any identified
227 deficiencies, the applicant may elect to dispute the
228 deficiencies pursuant to subsection (14) or to submit a
229 corrected request for a certificate of occupancy or certificate
230 of completion.
231 Section 4. This act shall take effect July 1, 2022.