PCS for HB 635 (2022): An act relating to building permits
Summary
PCS for HB 635 (2022) is a bill to be entitled an act relating to building permits. Section 1 provides that after a permit has been issued, the local enforcing agency may not make or require substantive changes to plans or specifications except for compliance with the Florida Building Code, the Florida Fire Prevention Code, or the Life Safety Code. It adds subsection (25), which provides that a local law, ordinance, or regulation may not prohibit or restrict a private property owner from obtaining a building permit to demolish a single-family residential structure in certain flood areas. Section 2 amends s. 633.208, Florida Statutes, on local fire officials, and Section 3 states that the act takes effect July 1, 2022.
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“PCS for HB 635 (2022): An act relating to building permits.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3101-regulatory-reform-subcommittee-proposed-committee-bills-pcbs-bc3b45ef52/
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 635 2022
1 A bill to be entitled
2 An act relating to building permits; amending s.
3 533.79, F.S.; requiring local building code
4 administrators or inspectors to provide certain
5 information to the local enforcing agency; prohibiting
6 local enforcing agencies from making or requiring
7 substantive changes to plans or specifications after a
8 permit has been issued; providing exceptions;
9 requiring local enforcing agencies that require
10 substantive changes to plans or specifications after a
11 permit has been issued to provide certain information
12 to the permitholder; providing that a building code
13 administrator, inspector, or plans reviewer is subject
14 to disciplinary action under certain circumstances;
15 prohibiting a local government from prohibiting or
16 restricting demolition permits for single-family
17 residential structures located in certain areas;
18 providing that local governments may only review
19 demolition permits administratively for compliance
20 with certain regulations; prohibiting a property owner
21 from being penalized for a demolition in compliance
22 with the demolition permit; prohibiting local
23 governments from imposing additional requirements on
24 certain structures; providing applicability; amending
25 s. 633.208, F.S.; requiring local fire officials to
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PCS for HB 635 2022
26 provide certain information to a permit applicant if
27 building plans do not comply with the Florida Fire
28 Prevention Code or Life Safety Code; prohibiting a
29 municipality, county, or special district from making
30 or requiring substantive changes to building plans
31 after a permit has been issued; providing exceptions;
32 requiring a local fire official to provide certain
33 information to the permitholder if a municipality,
34 county, or special district requires substantive
35 changes to building plans after a permit is issued;
36 providing that a local fire official who is a
37 certified firesafety inspector is subject to
38 disciplinary action under certain circumstances;
39 providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (2) of section 553.79, Florida
44 Statutes, is amended and subsection (25) is added to that
45 section, to read:
46 553.79 Permits; applications; issuance; inspections. —
47 (2)(a)1. Except as provided in subsection (8), an
48 enforcing agency may not issue any permit for construction,
49 erection, alteration, modification, repair, or demolition of any
50 building or structure until the local building code
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PCS for HB 635 2022
51 administrator or inspector has reviewed the plans and
52 specifications required by the Florida Building Code, or local
53 amendment thereto, for such proposal and found the plans to be
54 in compliance with the Florida Building Code. If the local
55 building code administrator or inspector finds that the plans
56 are not in compliance with the Florida Building Code, the local
57 building code administrator or inspector shall identify the
58 specific plan features that do not comply with the applicable
59 codes, identify the specific code chapters and sections upon
60 which the finding is based, and provide this information to the
61 local enforcing agency. If the building code administrator or
62 inspector requests another person to review the plans and such
63 person identifies specific plan features that do not comply with
64 the applicable codes, the building code administrator or
65 inspector must provide this information to the local enforcing
66 agency. The local enforcing agency shall provide this
67 information to the permit applicant.
68 2. In addition, An enforcing agency may not issue any
69 permit for construction, erection, alteration, modification,
70 repair, or demolition of any building until the appropriate
71 firesafety inspector certified pursuant to s. 633.216 has
72 reviewed the plans and specifications required by the Florida
73 Building Code, or local amendment thereto, for such proposal and
74 found that the plans comply with the Florida Fire Prevention
75 Code and the Life Safety Code. Any building or structure which
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76 is not subject to a firesafety code shall not be required to
77 have its plans reviewed by the firesafety inspector.
78 3. Any building or structure that is exempt from the local
79 building permit process may not be required to have its plans
80 reviewed by the local building code administrator. Industrial
81 construction on sites where design, construction, and firesafety
82 are supervised by appropriate design and inspection
83 professionals and which contain adequate in-house fire
84 departments and rescue squads is exempt, subject to local
85 government option, from review of plans and inspections,
86 providing owners certify that applicable codes and standards
87 have been met and supply appropriate approved drawings to local
88 building and firesafety inspectors.
89 4. The enforcing agency shall issue a permit to construct,
90 erect, alter, modify, repair, or demolish any building or
91 structure when the plans and specifications for such proposal
92 comply with the Florida Building Code and the Florida Fire
93 Prevention Code and the Life Safety Code as determined by the
94 local authority in accordance with this chapter and chapter 633.
95 (b) After the local enforcing agency issues a permit, the
96 local enforcing agency may not make or require any substantive
97 changes to the plans or specifications except changes required
98 for compliance with the Florida Building Code, the Florida Fire
99 Prevention Code, or the Life Safety Code, or local amendments
100 thereto. If a local enforcing agency makes or requires
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101 substantive changes to the plans or specifications after a
102 permit is issued, the local enforcing agency must identify the
103 specific plan features that do not comply with the applicable
104 codes, identify the specific code chapters and sections upon
105 which the finding is based, and provide the information to the
106 permitholder.
107 (c)1. A plans reviewer or inspector who fails to provide
108 the building code administrator with the reasons for making or
109 requiring substantive changes to the plans or specifications is
110 subject to disciplinary action against his or her certificate
111 under s. 468.621(1)(i).
112 2. A building code administrator who fails to provide a
113 permit applicant or permitholder with the reasons for making or
114 requiring substantive changes to the plans or specifica tions is
115 subject to disciplinary action against his or her certificate
116 under s. 468.621(1)(i).
117 (25)(a) A local law, ordinance, or regulation may not
118 prohibit or otherwise restrict the ability of a private property
119 owner to obtain a building permit to demolish his or her single-
120 family residential structure located in a coastal high-hazard
121 area, moderate flood zone, or special flood hazard area
122 according to a Flood Insurance Rate Map issued by the Federal
123 Emergency Management Agency for the purpose of participating in
124 the National Flood Insurance Program if the lowest finished
125 floor elevation of such structure is at or below base flood
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126 elevation as established by the Florida Building Code or a
127 higher base flood elevation as may be required by local
128 ordinance, whichever is higher, provided that such permit
129 otherwise complies with all applicable Florida Building Code,
130 Florida Fire Prevention Code, and Life Safety Code requirements,
131 or local amendments thereto.
132 (b) An application for a demolition permit sought under
133 this subsection may only be reviewed administratively for
134 compliance with the Florida Building Code, the Florida Fire
135 Prevention Code, and the Life Safety Code, or local amendments
136 thereto, and any regulations applicable to a similarly situated
137 parcel. Applications may not be subject to any additional local
138 land development regulations or public hearings. A local
139 government may not penalize a private property owner for a
140 demolition that is in compliance with the demolition permit.
141 (c) If a single-family residential structure is demolished
142 pursuant to a demolition permit, a local government may not
143 impose additional regulatory or building requirements on the new
144 single-family residential structure constructed on the site of
145 the demolished structure which would not otherwise be applicable
146 to a similarly situated vacant parcel.
147 (d) This subsection does not apply to any of the
148 following:
149 1. A structure designated on the National Register of
150 Historic Places.
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151 2. A privately owned single-family residential structure
152 designated historic by a local, state, or federal governmental
153 agency on or before January 1, 2022.
154 3. A privately owned single-family residential structure
155 designated historic after January 1, 2022, by a local, state, or
156 federal governmental agency with the consent of its owner.
157 Section 2. Subsection (2) of section 633.208, Florida
158 Statutes, is amended to read:
159 633.208 Minimum firesafety standards.—
160 (2)(a) Pursuant to subsection (1), each municipality,
161 county, and special district with firesafety responsibilities
162 shall enforce the Florida Fire Prevention Code as the minimum
163 firesafety code required by this section.
164 (b) If a municipality, county, or special district
165 determines that the building plans for a building permit
166 application do not comply with the Florida Fire Prevention Code
167 or Life Safety Code, or local amendments thereto, the local fire
168 official must identify the specific plan features that do not
169 comply with the applicable codes, identify the specific code
170 chapters and sections upon which the determination is based, and
171 provide this information to the permit applicant.
172 (c) After a municipality, county, or special district
173 issues a building permit, it may not make or require any
174 substantive changes to the building plans except those required
175 for compliance with the Florida Fire Prevention Code or Life
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176 Safety Code, or local amendments thereto. If a municipality,
177 county, or special district makes or requires substantive
178 changes to building plans after a permit is issued, the local
179 fire official must identify the specific plan features that do
180 not comply with the Florida Fire Prevention Code or Life Safety
181 Code, or local amendments thereto, identify the specific code
182 chapters and sections upon which the finding is based, and
183 provide this information to the permitholder.
184 (d) A local fire official, who is also a certified
185 firesafety inspector, who fails to comply with paragraph (b) or
186 paragraph (c) is subject to disciplinary action against his or
187 her certificate under s. 633.216(6)(f).
188 Section 3. This act shall take effect July 1, 2022.
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