PRIVATE PROVIDERPrivate Provider• Defined as a person licensed as an engineer under Chapter 471 or as an architect under Chapter 481 . A Private provider also includes a person who holds a standard certificate under part XII of Chapter 468 who may perform inspections for additions and alterations that are limited to 1,000 square feet or less of residential buildings.
Duly Authorized Representative• Means an agent of the Private Provider identified in the permit application who reviews plans or performs inspections as provided by this section and who is licensed as an engineer under Chapter 471 or as an architect under Chapter 481 or who holds a standard certificate under part XII of Chapter 468.
Scope of Work• A Private Provider and any Duly Authorized Representative may only perform building code inspection services that are within the disciplines covered by that person’s licensure or certification under Chapter 468, Chapter 471, or Chapter 481, designed or constructed by A Private Provider may not provide building code inspection services pursuant to this section upon any building designed or constructed by the Private Provider or the Private Provider’s firm.
Notice to Building Official of Use of Private Provider Form• A fee owner using a private Provider for building code inspection services shall:• Notify the Building Official.• Using the form adopted by the Florida Building Commission. The form includes:• Private Provider information.• Services to be performed.• Fee Owner acknowledgement.• Proof of insurance.
Click here to download the Private Provider Form.
Insurance Requirements• A private provider may perform building code inspection services on a building project under this section only if the private provider maintains insurance for professional liability covering all services performed as a private provider. Such insurance shall have minimum policy limits of $1 million per occurrence and $2 million in the aggregate for any project with a construction cost of $5 million or less and $2 million per occurrence and $4 million in the aggregate for any project with a construction cost of over $5 million. Nothing in this section limits the ability of a fee owner to require additional insurance or higher policy limits. For these purposes, the term "construction cost" means the total cost of building construction as stated in the building permit application. If the private provider chooses to secure claims-made coverage to fulfill this requirement, the private provider must also maintain coverage for a minimum of 5 years subsequent to the performance of building code inspection services. The insurance required under this subsection shall be written only by insurers authorized to do business in this state with a minimum A.M. Best's rating of A. Before providing building code inspection services within a local building official's jurisdiction, a private provider must provide to the local building official a certificate of insurance evidencing that the coverage required under this subsection are in force.
Private Provider Plan Compliance Affidavit• Use the form adopted by the Florida Building Commission.• Form contains a statement attesting that the plans comply with the Florida Building Code and all local amendments.• Form is signed by the Private Provider and notarized.
Issuance of the Permit• Within 30 business days a permit must be issued by the Building Official or:• Written notice of the plan deficiencies must be provided.• If the Building Official does not provide such notice, the permit shall be deemed to be approved as a matter of law and the permit shall be issued on the next day following the elapse of the original 30 day period.
Notice of Plan Deficiency• If notice is given within the 30 day period, the 30 day period is tolled.• If the applicant provides revisions, the Building Official has the remainder of the 30 day period plus 5 days to issue the permit or provide a second notice of deficiency.• For all revisions submitted after the first revision, the Building Official has an additional 5 business days to issue the permit.
What Constitutes Proper Notice• Notice shall be deemed to be provided to the person or entity when successfully transmitted to the facsimile number listed for that person or entity in the permit application or revised permit application, or, if no facsimile number is stated, when actually received by that person or entity.
Dispute of Identified Plan Deficiencies• The Building Official shall be available to meet with the Private Provider within 2 business days after denying a permit occupancy or completion.• If unable to resolve, then the matter is referred to BORA (local enforcement agency’s board of appeals).• BORA’s decision may be appealed to the Florida Building Commission.• BORA may review any decisions regarding the issuance of a permit, CO or CC.
Inspections• Private Provider must perform all required inspections.• Private Provider may send a Duly Authorized Representative, however:• All required reports and certifications must be prepared by and bear the signature of the Private Provider.
Notice of Inspections• A record of the inspections must be kept on a form acceptable to the Building Official.• The inspection record must be posted at the site.• Records must be maintained at all times and be available to the Building Official.• The Building Department will conduct random field checks.• The Building Department will conduct all electrical inpections for temporary or permanent power.• The Building Department will conduct all final inspections and inspections for issuance of Temporary or Final Certificates of Occupancy/Completion.• The Private Provider must report to the Building Official any conditions that pose an immediate threat to public safety and welfare. Building Official’s Option• The Building Official may visit the site as often as necessary to verify that the Private Provider is performing all required inspections.• The Building Official may issue a stop work order, if a threat to public safety or welfare exists.
Upon Completions of all Inspections• Private Provider shall prepare a certificate of compliance• Using a form acceptable to the Building Official.• Summarizing inspections performed.• Including a written representation, under oath that the construction complies with the approved plans and the applicable codes.
Certificate of Occupancy or Completion• Building Official must issue CO or CC within 2 business days of receiving the request and the applicants certificate of compliance or:• Provide notice of specific deficiencies, including code chapter and section.• If notice of deficiency is not provided within 2 days the CO or CC shall be deemed granted and the Building Official shall issue the CO or CC the next day.• The Applicant may dispute the deficiencies or submit a corrected request for CO or CC.
Discipline of Private Providers and Duly Authorized Representatives• A private Provider is subject to the disciplinary guidelines of the applicable professional board, Chapter 468, Chapter 471, or Chapter 481. All private Providers shall be subject to the disciplinary guidelines of s. 468.621 (1)(c)-(h). Any complaint processing, investigation, and discipline that arise out of a Private Provider’s performance of building code inspection services shall be conducted by the applicable professional board.