Two Proposed Florida Statutes Would Remove Fire Marshal or Building Official Discretion to Change Building Plans During Permit Review

Proposed Senate Bills 976 and 1020 both would add language to Chapter 553, Florida Statutes, that limits the ability of fire marshals or building officials to make discretionary changes to plans as part of the permitting process.

The new statute would add the following language to section 553.79(2)(b), Florida Statutes:

If a firesafety marshal or inspector is required to approve the plans of a commercial building or structure, and such plans have 76 already been approved and sealed by the local building department, the local building code administrator or inspector and the firesafety marshal or inspector do not have the 79 discretionary authority to change the plans.

. . .

If a firesafety marshal or inspector is not required to approve the plans of a commercial or residential building or structure, and such plans have already been approved and sealed by the local building department, the local building code administrator or inspector does not have the discretionary authority to change the plans.

If enacted, the statute would take effect on July 1, 2022.