Florida Senate - 2022 CS for CS for CS for SB 644
By the Committees on Rules; Regulated Industries; and Community
Affairs; and Senator Brodeur
595-02959-22 2022644c3
1 A bill to be entitled
2 An act relating to building regulation; amending s.
3 468.603, F.S.; defining the term “private provider”;
4 amending s. 468.609, F.S.; revising eligibility
5 requirements for a person applying to become certified
6 as a building code inspector or plans examiner;
7 revising the special conditions or requirements that
8 the Florida Building Code Administrators and
9 Inspectors Board may impose on provisional
10 certificates; revising circumstances under which a
11 person may perform the duties of a plans examiner or
12 building code inspector for a specified period;
13 revising a requirement for the board’s rules relating
14 to the transferability of a partial completion of an
15 internship program; amending s. 553.79, F.S.;
16 prohibiting local laws, ordinances, or regulations
17 that prohibit or restrict a private property owner’s
18 ability to obtain a building permit to demolish a
19 single-family residential structure located in certain
20 flood zones if certain conditions are met; specifying
21 restrictions on a local government’s review of such
22 demolition permits and on certain actions by the local
23 government relating to the demolition; providing
24 applicability; amending s. 553.791, F.S.; specifying
25 the required basis for a certain administrative fee
26 charged by local jurisdictions relating to building
27 inspections by private providers; requiring the local
28 jurisdiction to provide equal access under certain
29 circumstances to certain documents to a private
30 provider, owner, and contractor; revising conditions
31 that must be met before a local building official must
32 issue a certificate of occupancy, a certificate of
33 completion, or a certain notice; revising the
34 timeframe for issuing such certificate or notice for
35 certain permits; providing that a certificate of
36 occupancy or certificate of completion is
37 automatically granted and issued under certain
38 circumstances; requiring the local building official
39 to provide a written certificate of occupancy or
40 certificate of completion within a specified timeframe
41 after such certificate is automatically granted and
42 issued; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Subsection (9) is added to section 468.603,
47 Florida Statutes, to read:
48 468.603 Definitions.—As used in this part:
49 (9) “Private provider” has the same meaning as in s.
50 553.791(1)(n).
51 Section 2. Paragraph (c) of subsection (2), paragraphs (c)
52 and (d) of subsection (7), and paragraph (b) of subsection (10)
53 of section 468.609, Florida Statutes, are amended to read:
54 468.609 Administration of this part; standards for
55 certification; additional categories of certification.—
56 (2) A person may take the examination for certification as
57 a building code inspector or plans examiner pursuant to this
58 part if the person:
59 (c) Meets eligibility requirements according to one of the
60 following criteria:
61 1. Demonstrates 4 years’ combined experience in the field
62 of construction or a related field, building code inspection, or
63 plans review corresponding to the certification category sought;
64 2. Demonstrates a combination of postsecondary education in
65 the field of construction or a related field and experience
66 which totals 3 years, with at least 1 year of such total being
67 experience in construction, building code inspection, or plans
68 review;
69 3. Demonstrates a combination of technical education in the
70 field of construction or a related field and experience which
71 totals 3 years, with at least 1 year of such total being
72 experience in construction, building code inspection, or plans
73 review;
74 4. Currently holds a standard certificate issued by the
75 board or a firesafety inspector license issued under pursuant to
76 chapter 633, with a minimum of 3 years’ verifiable full-time
77 experience in firesafety inspection or firesafety plan review,
78 and has satisfactorily completed a building code inspector or
79 plans examiner training program that provides at least 100 hours
80 but not more than 200 hours of cross-training in the
81 certification category sought. The board shall establish by rule
82 criteria for the development and implementation of the training
83 programs. The board must shall accept all classroom training
84 offered by an approved provider if the content substantially
85 meets the intent of the classroom component of the training
86 program;
87 5. Demonstrates a combination of the completion of an
88 approved training program in the field of building code
89 inspection or plan review and a minimum of 2 years’ experience
90 in the field of building code inspection, plan review, fire code
91 inspections and fire plans review of new buildings as a
92 firesafety inspector certified under s. 633.216, or
93 construction. The approved training portion of this requirement
94 must shall include proof of satisfactory completion of a
95 training program that provides at least 200 hours but not more
96 than 300 hours of cross-training that is approved by the board
97 in the chosen category of building code inspection or plan
98 review in the certification category sought with at least 20
99 hours but not more than 30 hours of instruction in state laws,
100 rules, and ethics relating to professional standards of
101 practice, duties, and responsibilities of a certificateholder.
102 The board shall coordinate with the Building Officials
103 Association of Florida, Inc., to establish by rule the
104 development and implementation of the training program. However,
105 the board must shall accept all classroom training offered by an
106 approved provider if the content substantially meets the intent
107 of the classroom component of the training program;
108 6. Currently holds a standard certificate issued by the
109 board or a firesafety inspector license issued under pursuant to
110 chapter 633 and:
111 a. Has at least 4 years’ verifiable full-time experience as
112 an inspector or plans examiner in a standard certification
113 category currently held or has a minimum of 4 years’ verifiable
114 full-time experience as a firesafety inspector licensed under
115 pursuant to chapter 633.
116 b. Has satisfactorily completed a building code inspector
117 or plans examiner classroom training course or program that
118 provides at least 200 but not more than 300 hours in the
119 certification category sought, except for residential one-family
120 and two-family dwelling training programs, which must provide at
121 least 500 but not more than 800 hours of training as prescribed
122 by the board. The board shall establish by rule criteria for the
123 development and implementation of classroom training courses and
124 programs in each certification category; or
125 7.a. Has completed a 4-year internship certification
126 program as a building code inspector or plans examiner while
127 also employed full-time by a municipality, county, or other
128 governmental jurisdiction, under the direct supervision of a
129 certified building official. A person may also complete the
130 internship certification program while employed full time by a
131 private provider or a private provider’s firm that performs the
132 services of a building code inspector or plans examiner, while
133 under the direct supervision of a certified building official.
134 Proof of graduation with a related vocational degree or college
135 degree or of verifiable work experience may be exchanged for the
136 internship experience requirement year-for-year, but may reduce
137 the requirement to no less than 1 year.
138 b. Has passed an examination administered by the
139 International Code Council in the certification category sought.
140 Such examination must be passed before beginning the internship
141 certification program.
142 c. Has passed the principles and practice examination
143 before completing the internship certification program.
144 d. Has passed a board-approved 40-hour code training course
145 in the certification category sought before completing the
146 internship certification program.
147 e. Has obtained a favorable recommendation from the
148 supervising building official after completion of the internship
149 certification program.
150 (7)
151 (c) The board shall provide for appropriate levels of
152 provisional certificates and may issue these certificates with
153 such special conditions or requirements relating to the place of
154 employment of the person holding the certificate, the
155 supervision of such person on a consulting or advisory basis, or
156 other matters as the board deems may deem necessary to protect
157 the public safety and health. The board may not place a special
158 condition or requirement on a provisional certificate with
159 respect to the requirement of employment by a municipality,
160 county, or other local governmental agency.
161 (d) A person may perform the duties of a plans examiner or
162 building code inspector for 120 days if a provisional
163 certificate application has been submitted if such person is
164 under the direct supervision of a person licensed as a certified
165 building code administrator under this part who holds a standard
166 certification and who has found such person qualified for a
167 provisional certificate. Direct supervision and the
168 determination of qualifications may also be provided by a
169 building code administrator who holds a limited or provisional
170 certificate in a county having a population of fewer than 75,000
171 and in a municipality located within such county.
172 (10)
173 (b) The board shall by rule establish:
174 1. Reciprocity of certification with any other state that
175 requires an examination administered by the International Code
176 Council.
177 2. That an applicant for certification as a building code
178 inspector or plans examiner may apply for a provisional
179 certificate valid for the duration of the internship period.
180 3. That partial completion of an internship program is
181 transferable among jurisdictions, private providers, and firms
182 of private providers may be transferred between jurisdictions on
183 a form prescribed by the board.
184 4. That an applicant may apply for a standard certificate
185 on a form prescribed by the board upon successful completion of
186 an internship certification program.
187 5. That an applicant may apply for a standard certificate
188 at least 30 days but and no more than 60 days before completing
189 the internship certification program.
190 6. That a building code inspector or plans examiner who has
191 standard certification may seek an additional certification in
192 another category by completing an additional nonconcurrent 1
193 year internship program in the certification category sought and
194 passing an examination administered by the International Code
195 Council and a board-approved 40-hour code training course.
196 Section 3. Subsection (25) is added to section 553.79,
197 Florida Statutes, to read:
198 553.79 Permits; applications; issuance; inspections.—
199 (25)(a) A local law, ordinance, or regulation may not
200 prohibit or otherwise restrict the ability of a private property
201 owner to obtain a building permit to demolish any single-family
202 residential structure located in a coastal high hazard area,
203 moderate flood zone, or special flood hazard area according to
204 Flood Insurance Rate Maps produced by the Federal Emergency
205 Management Agency in support of the National Flood Insurance
206 Program if the lowest finished floor elevation of such structure
207 is at or below base flood elevation as established by the
208 Florida Building Code, as amended, or a higher base flood
209 elevation as may be required by local ordinance, whichever is
210 higher, provided that such permit otherwise complies with all
211 applicable Florida Building Code requirements.
212 (b) Demolition permits sought pursuant to this subsection
213 may be reviewed only administratively for compliance with the
214 Florida Building Code and may not be subject to any additional
215 land development regulations or a public hearing as a requisite
216 to issuance. In the event of such demolition, a local government
217 may not impose additional regulatory requirements on the new
218 single-family residential structure constructed in place of the
219 demolished structure which would not otherwise be applicable to
220 a similarly situated, vacant parcel; nor may the local
221 government otherwise penalize the owner for such demolition.
222 (c) This subsection does not apply to any structure
223 designated on the National Register of Historic Places; to any
224 privately owned single-family residential structure designated
225 historic by a local, state, or federal governmental agency on or
226 before January 1, 2022; or to any privately owned single-family
227 residential structure designated historic with the consent of
228 its owner subsequent to such date.
229 Section 4. Paragraph (b) of subsection (2) and subsection
230 (13) of section 553.791, Florida Statutes, are amended, and
231 paragraph (c) is added to subsection (2) of that section, to
232 read:
233 553.791 Alternative plans review and inspection.—
234 (2)
235 (b) If an owner or contractor retains a private provider
236 for purposes of plans review or building inspection services,
237 the local jurisdiction must reduce the permit fee by the amount
238 of cost savings realized by the local enforcement agency for not
239 having to perform such services. Such reduction may be
240 calculated on a flat fee or percentage basis, or any other
241 reasonable means by which a local enforcement agency assesses
242 the cost for its plans review or inspection services. The local
243 jurisdiction may not charge fees for building inspections if the
244 fee owner or contractor hires a private provider to perform such
245 services; however, the local jurisdiction may charge a
246 reasonable administrative fee, which shall be based on the cost
247 that is actually incurred, including the labor cost of the
248 personnel providing the service, by the local jurisdiction or
249 attributable to the local jurisdiction for the clerical and
250 supervisory assistance required, or both.
251 (c) If an owner or a contractor retains a private provider
252 for purposes of plans review or building inspection services,
253 the local jurisdiction must provide equal access to all
254 permitting and inspection documents and reports to the private
255 provider, owner, and contractor if such access is provided by
256 software that protects exempt records from disclosure.
257 (13)(a) No more than 2 business days After receipt of a
258 request for a certificate of occupancy or certificate of
259 completion and the applicant’s presentation of a certificate of
260 compliance or upon and approval of all other government
261 approvals required by law, and after the completion of the local
262 building official’s review of all compliance documents and the
263 payment of all outstanding fees, the local building official
264 shall issue the certificate of occupancy or certificate of
265 completion or provide a notice to the applicant identifying the
266 specific deficiencies, as well as the specific code chapters and
267 sections, no later than:
268 1. Two business days for permits related to single-family
269 or two-family dwellings.
270 2. Ten business days for all other permits.
271 (b) If the local building official does not provide notice
272 of the deficiencies within the applicable prescribed 2-day
273 period under subparagraph (a)1. or subparagraph (a)2., the
274 request for a certificate of occupancy or certificate of
275 completion is automatically shall be deemed granted and deemed
276 the certificate of occupancy or certificate of completion shall
277 be issued as of by the local building official on the next
278 business day. The local building official must provide the
279 applicant with the written certificate of occupancy or
280 certificate of completion within 10 days after it is
281 automatically granted and issued. To resolve any identified
282 deficiencies, the applicant may elect to dispute the
283 deficiencies pursuant to subsection (14) or to submit a
284 corrected request for a certificate of occupancy or certificate
285 of completion.
286 Section 5. This act shall take effect July 1, 2022.