No. CS/HB 1049
Filed under Development & Land Use.
Building Permit Requirements; Provides that certain residential manufactured buildings may not be denied building permit for placement of such building; prohibits local government from adopting certain technical amendments to FBC; prohibits local enforcement agency from requiring building permit for work valued at specified amount; prohibits project from being divided into multiple projects; requires building permit for certain work regardless of value of work; requires contractor to maintain certain written records; prohibits local enforcement agency from requiring building permit for specified work on backup power system installed by certain persons or entities; requires local enforcement agencies to establish specified process to submit certain notice before installation of backup power system; prohibits local governments from adopting or enforcing certain ordinances, rules, or other measures; authorizes local enforcement agency to conduct one inspection, either in person or virtually; authorizes use of private provider for certain inspections; requires local enforcement agency to provide certain persons written notice of correction; authorizes stop-work order under specific circumstances; requires local enforcement agency to offer reinspection date within certain time period; provides that private provider inspection report constitutes acceptance; prohibits local enforcement agency from withholding or revoking certificate of occupancy based solely on failed inspection report.
Plain English Summary
AI-GENERATEDA new law exempts backup power systems up to 50 kilowatts of output, or 100 kilowatt-hours of storage, from local building permits when installed by a licensed contractor or an exempt public utility at a one- or two-family home.
Local governments cannot adopt separate ordinances regulating these installations beyond the Florida Building Code and Fire Prevention Code, and cannot adopt technical code amendments that would require a permit for a system this law exempts.
Local enforcement agencies can no longer require a permit for single-family home work under $7,500, though electrical, plumbing, structural, mechanical, and gas work still needs one regardless of cost; contractors doing exempt work must keep records for five years.
Certified manufactured homes may no longer be denied a building permit for placement on a mobile home lot, in a recreational vehicle park, or in a mobile home community, widening where these homes are guaranteed a permit.
AIBackup power systems up to 50 kilowatts of output, or with up to 100 kilowatt-hours of storage, at a one- or two-family home are exempt from a local building permit when installed, replaced, relocated, or repaired by a contractor licensed under chapter 489 or an exempt public utility. The installer files a notice of commencement instead.
AIA county, municipality, or special district may not adopt or enforce any ordinance, rule, or other measure, beyond the standards in the Florida Building Code and the Florida Fire Prevention Code, that regulates installing, relocating, replacing, or repairing a backup power system.
AIA local enforcement agency may not require a building permit for work valued at less than $7,500 performed on a parcel with a single-family residential dwelling. A project may not be split into multiple smaller projects to get under that threshold.
AIA certified residential manufactured building may not be denied a building permit for placement on a mobile home lot, on any lot in a recreational vehicle park, or in a mobile home condominium, cooperative, or subdivision, extending a protection that previously only addressed placement itself.
AIA local government may not adopt a technical amendment to the Florida Building Code, or an equivalent local review process, that requires a building permit for a backup power system this law exempts.
AIEven under the new $7,500 exemption, a local enforcement agency may still require a permit for electrical, plumbing, structural, mechanical, or gas work on a single-family lot, regardless of value, though the exemption for exterior door and window repair or replacement is unaffected.
AIA contractor who performs exempt work valued under $7,500 must keep a written record of the work performed, the property address, and its value for at least five years.
AIA failed inspection report of a backup power system may not, by itself, be grounds for a local enforcement agency to withhold or revoke a certificate of occupancy for an existing, occupied one- or two-family home. Instead, the agency withholds authorization to energize just the backup system until it is corrected.