Title: Building Code Administrators and Inspectors

Summary: Revises eligibility requirements for examination for certification as building code inspector or plans examiner to include internship certification program; removes eligibility condition from provisions related to provisional certificates; requires Florida Building Code Administrators & Inspectors Board to establish rules; authorizes specified entities to contract for provision of building code administrator & building official services.

Full Text:
An act relating to building code administrators and inspectors; amending s. 468.603, F.S.; revising definitions; amending s. 468.609, F.S.; revising eligibility requirements for the examination for certification as a building code inspector or plans examiner to include an internship certification program; removing an eligibility condition from provisions related to provisional certificates; requiring the Florida Building Code Administrators and Inspectors Board to establish rules; amending s. 468.617, F.S.; authorizing specified entities to contract for the provision of building code administrator and building official services; amending s. 553.791, F.S.; conformin gprovisions; revising a definition; amending ss. 468.609, 471.045, and 481.222; conforming cross-references; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 468.603, Florida Statutes, is amended to read: 468.603 Definitions.-As used in this part: (1)(3) "Board" means the Florida Building Code CS/CS/HB 2017 Administrators and Inspectors Board. (2)(1) "Building code administrator" or "building official" means any of those employees of municipal or county governments,or any person contracted, with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construct ion, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as requ ired by state law or municipal or county ordinance. This term is synonymous with "building official" as used in the administrative chapter of the Standard Building Code and the South Florida Building Code. One person employed or contracted by each municipa lor county government as a building code administrator or building official and who is so certified under this part may be authorized to perform any plan review or inspection for which certification is required by this part, including performing any plan review or inspection as a currently designated standard certified building official under an interagency service agreement with a jurisdiction having a population of 50,000 or less.(3)(8) "Building code enforcement official" or "enforcement official" me ans a licensed building code CS/CS/HB 2017 administrator, building code inspector, or plans examiner. (4)(2) "Building code inspector" means any of those employees of local governments or state agencies,or any person contracted, with building construction regulation responsibilities who themselves conduct inspections of building construction, erection, repair, addition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. (5)(6) "Categories of building code inspectors" include the following: (a) "Building inspector" means a person who is qualified to inspect and determin ethat buildings and structures are constructed in accordance with the provisions of the governing building codes and state accessibility laws. (b) "Coastal construction inspector" means a person who is qualified to inspect and determine that buildings a nd structures are constructed to resist near-hurricane and hurricane velocity winds in accordance with the provisions of the governing building code. (c) "Commercial electrical inspector" means a person who is qualified to inspect and determine the elect rical safety of commercial buildings and structures by inspecting for compliance with the provisions of the National Electrical Code. CS/CS/HB 2017 (d)(h) "Electrical inspector" means a person who is qualified to inspect and determine the electrical safety of commerci al and residential buildings and accessory structures by inspecting for compliance with the provisions of the National Electrical Code. (e) "Mechanical inspector" means a person who is qualified to inspect and determine that the mechanical installations and systems for buildings and structures are in compliance with the provisions of the governing mechanical code. (f)(g) "One and two family dwelling inspector" means a person who is qualified to inspect and determine that one and two family dwellings and accessory structures are constructed in accordance with the provisions of the governing building, plumbing, mechanical, accessibility, and electrical codes. (g)(f) "Plumbing inspector" means a person who is qualified to inspect and determine that the pl umbing installations and systems for buildings and structures are in compliance with the provisions of the governing plumbing code. (h)(d) "Residential electrical inspector" means a person who is qualified to inspect and determine the electrical safety of one and two family dwellings and accessory structures by inspecting for compliance with the applicable provisions of the governing electrical code. (6)(5) "Certificate" means a certificate of qualification issued by the department as provided in this part. CS/CS/HB 2017 (7)(4) "Department" means the Department of Business and Professional Regulation. (8)(7) "Plans examiner" means a person who is qualified to determine that plans submitted for purposes of obtaining building and other permits comply with the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, an dother applicable construction codes. The term includes a residential plans examiner who is qualified to determine that plans submitted for purposes of obtaining building and other permits comply with the applicable residential building, plumbing, mechani cal, electrical, gas, energy, accessibility, and other applicable construction codes. Categories of plans examiners include: (a) Building plans examiner. (b) Plumbing plans examiner. (c) Mechanical plans examiner. (d) Electrical plans examiner. Section 2. Paragraph (c) of subsection (2), paragraphs (a) and (d) of subsection (7), and subsection (10) of section 468.609, Florida Statutes, are amended to read: 468.609 Administration of this part; standards for certification; additional categories of certification.-(2) A person may take the examination for certification as a building code inspector or plans examiner pursuant to this part if the person: CS/CS/HB 2017 (c) Meets eligibility requirements according to one of the following criteria: 1. Demonstra tes years' combined experience in the field of construction or a related field, building code inspection, or plans review corresponding to the certification category sought; 2. Demonstrates a combination of postsecondary education in the field of const ruction or a related field and experience which totals years, with at least year of such total being experience in construction, building code inspection, or plans review; 3. Demonstrates a combination of technical education in the field of construct ion or a related field and experience which totals years, with at least year of such total being experience in construction, building code inspection, or plans review; 4. Currently holds a standard certificate issued by the board or a firesafety insp ector license issued pursuant to chapter 633, has a minimum of years' verifiable full-time experience in inspection or plan review, and has satisfactorily completed a building code inspector or plans examiner training program that provides at least hours but not more than 146 hours of cross-training in the certification category sought. The board shall establish by rule criteria for the development and implementation of the training programs. The board shall accept all classroom training offered by an approved provider if CS/CS/HB 2017 the content substantially meets the intent of the classroom component of the training program; 5. Demonstrates a combination of the completion of an approved training program in the field of building code inspection or plan review a nd a minimum of years' experience in the field of building code inspection, plan review, fire code inspections and fire plans review of new buildings as a firesafety inspector certified under s. 633.216, or construction. The approved training portion of this requirement shall include proof of satisfactory completion of a training program that provides at least hours but not more than 161 hours of cross-training that is approved by the board in the chosen category of building code inspection or plan re view in the certification category sought with at least hours but not more than hours of instruction in state laws, rules, and ethics relating to professional standards of practice, duties, and responsibilities of a certificateholder. The board shall coordinate with the Building Officials Association of Florida, Inc., to establish by rule the development and implementation of the training program. However, the board shall accept all classroom training offered by an approved provider if the content sub stantially meets the intent of the classroom component of the training program; or 6. Currently holds a standard certificate issued by the board or a firesafety inspector license issued pursuant to CS/CS/HB 2017 chapter and: a. Has at least years' verifiable full-time experience as an inspector or plans examiner in a standard certification category currently held or has a minimum of years' verifiable full-time experience as a firesafety inspector licensed pursuant to chapter 633. b. Has satisfactorily compl eted a building code inspector or plans examiner classroom training course or program that provides at least but not more than hours in the certification category sought, except for one-family and two family dwelling training programs, which must provide at least but not more than hours of training as prescribed by the board. The board shall establish by rule criteria for the development and implementation of classroom training courses and programs in each certification category;or 7.a. Has completed a-year internship certification program as a building code inspector or plans examiner while employed full-time by a municipality, county, or other governmental jurisdiction, under the direct supervision of a certified building official. Pro of of graduation with a related vocational degree or college degree or of verifiable work experience may be exchanged for the internship experience requirement year-for-year, but may reduce the requirement to no less than year. b. Has passed an examina tion administered by the CS/CS/HB 2017 International Code Council in the certification category sought. Such examination must be passed before beginning the internship certification program. c. Has passed the principles and practice examination before completing the i nternship certification program. d. Has passed a board-approved-hour code training course in the certification category sought before completing the internship certification program. e. Has obtained a favorable recommendation from the supervising bu ilding official after completion of the internship certification program.(7)(a) The board shall provide for the issuance of provisional certificates valid for year, as specified by board rule, to any newly employed or promoted building code inspector or plans examiner who meets the eligibility requirements described in subsection (2) and any newly employed or promoted building code administrator who meets the eligibility requirements described in subsection (3). The provisional license may be renewed by the board for just cause; however, a provisional license is not valid for longer than years. (d) A newly employed or hired person may perform the duties of a plans examiner or building code inspector for 222 days if a provisional certificate applicat ion has been submitted if such person is under the direct supervision of a certified building code administrator who holds a standard certification CS/CS/HB 2017 and who has found such person qualified for a provisional certificate. Direct supervision and the determinat ion of qualifications may also be provided by a building code administrator who holds a limited or provisional certificate in a county having a population of fewer than 75,000 and in a municipality located within such county. (10)(a) The board may by rule create categories of certification in addition to those defined in s. 468.603(5) and (8) 468.603(6) and (7).Such certification categories shall not be mandatory and shall not act to diminish the scope of any certificate created by statute. (b) The board shall by rule establish: 1. Reciprocity of certification with any other state that requires an examination administered by the International Code Council. 2. An applicant for certification as a building code inspector or plans examiner may apply for a provisional certificate valid for the duration of the internship period. 3. Partial completion of an internship program may be transferred between jurisdictions on a form prescribed by the board. 4. An applicant may apply for a standard certificate on a form prescribed by the board upon successful completion of an internship certification program. 5. An applicant may apply for a standard certificate at CS/CS/HB 2017 least days and no more than days before completing the internship cer tification program. 6. A building code inspector or plans examiner who has standard certification may seek an additional certification in another category by completing an additional nonconcurrent-year internship program in the certification category sought and passing an examination administered by the International Code Council and a board-approved-hour code training course. Section 3. Subsection (3) of section 468.617, Florida Statutes, is amended to read: 468.617 Joint building code inspect ion department; other arrangements.-(3) Nothing in this part shall prohibit any county or municipal government, school board, community college board, state university, or state agency from entering into any contract with any person or entity for the pr ovision of building code administrator, building official, or building code inspection services regulated under this part, and notwithstanding any other statutory provision, such county or municipal governments may enter into contracts. Section 4. Paragraphs (d) and (i) of subsection (1) of section 553.791, Florida Statutes, are amended to read: 553.791 Alternative plans review and inspection.-(1) As used in this section, the term: (d) "Building code inspection services" means those CS/CS/HB 2017 services desc ribed in s. 468.603(5) and (8) 468.603(6) and (7) involving the review of building plans to determine compliance with applicable codes and those inspections required by law of each phase of construction for which permitting by a local enforcement agency is required to determine compliance with applicable codes. (i) "Private provider" means a person licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter,or as an architect under chapter 481. For purposes of performing inspections under this section for additions and alterations that are limited to 1,000 square feet or less to residential buildings, the term "private provider" also includes a person who holds a standard certificate under part XII of chapter 468. Section 5. Subsection (10) of section 468.609, Florida Statutes, is amended to read: 468.609 Administration of this part; standards for certification; additional categories of certification.-(10) The board may by rule create categories of certification in addition to those defined in s. 468.603(5) and (8) 468.603(6) and (7).Such certification categories shall not be mandatory and shall not act to diminish the scope of any certificate created by statute. Section 6. Section 471.045, Florida Statutes, is amended to read: CS/CS/HB 2017 471.045 Professional engineers performing building code inspector duties.-Notwithstanding any other provision of law, a person who is currently licensed under this chapter to practice as a professional engineer may provide building code inspection services described in s. 468.603(5) and (8) 468.603(6) and (7) to a local government or state agency upon its request, without being certified by the Florida Building Code Administrators and Inspectors Board under part XII of chapt er 468. When performing these building code inspection services, the professional engineer is subject to the disciplinary guidelines of this chapter and s. 468.621(1)(c)-(h). Any complaint processing, investigation, and discipline that arise out of a profe ssional engineer's performing building code inspection services shall be conducted by the Board of Professional Engineers rather than the Florida Building Code Administrators and Inspectors Board. A professional engineer may not perform plans review as an employee of a local government upon any job that the professional engineer or the professional engineer's company designed. Section 7. Section 481.222, Florida Statutes, is amended to read: 481.222 Architects performing building code inspection services.-Notwithstanding any other provision of law, a person who is currently licensed to practice as an architect under this part may provide building code inspection services described in CS/CS/HB 2017 s. 468.603(5) and (8) 468.603(6) and (7) to a local government or state agency upon its request, without being certified by the Florida Building Code Administrators and Inspectors Board under part XII of chapter 468. With respect to the performance of such building code inspection services, the architect is subject to the disciplinary guidelines of this part and s. 468.621(1)(c) (h). Any complaint processing, investigation, and discipline that arise out of an architect's performance of building code inspection services shall be conducted by the Board of Architecture and Inte rior Design rather than the Florida Building Code Administrators and Inspectors Board. An architect may not perform plans review as an employee of a local government upon any job that the architect or the architect's company designed. Section 8. This act shall take effect July 1, 2017.