*Red font in the legislation and regulation indicates changes from previous reporting

Florida – HB 7103 (Private Provider)

Issue: Private Provider Scope of Work

Affects:  Those who build pools/spas

Summary: This bill makes changes to community development and housing regulations; addressing affordable housing, comprehensive plans, impact fees, and development orders. The bill also provides a few additional changes outside that scope related to private providers and fire sprinklers. 

Important to the pool and spa industry is the provision that expands the scope of private providers (who can be hired to review plans, perform inspections, and prepare certifications of completion).  The bill expands their current scope beyond the building structure to include “site work” such as grading, excavation, landscape irrigation and the installation of driveways. The expansion is meant to allow private providers to review applications and inspect work related to all aspects of development from site plan approval through vertical building construction.

The bill also:

  • Limits a building official from auditing a private provider more than 4 times in a calendar year unless there is an immediate threat to the public.
  • Prohibits a building official from replicating the plan review or inspectors performed by the provide provider unless expressly authorized.
  • Reduces the minimum notification one must provide to a building official notifying they are using a private provider from 7 days to 2 days.
  • Prohibits a local jurisdiction from charging fees for building inspections if a private provider is used but for a reasonable administrative fee.
  • Reduces time a building official must review and take action on an application from a private provider from 30 to 20 business days. Any revisions submitted simply adds 5 business days to whatever remaining days are left from the original 20 to review.

“Private provider” means a person licensed as a building code administrator under part XII of chapter 468, as an engineer under chapter 471, 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 include. 

Status: This bill was signed by the Governor June 28, 2019 and went into effect the same day.

HB 7103: http://laws.flrules.org/2019/165