Florida Senate - 2023                              CS for SB 512
       
       
        
       By the Committee on Community Affairs; and Senator Hooper
       
       
       
       
       
       578-03552-23                                           2023512c1
    1                        A bill to be entitled                      
    2         An act relating to building construction; amending s.
    3         489.105, F.S.; revising definitions; amending s.
    4         553.79, F.S.; requiring local building code
    5         administrators, plans examiners, or inspectors to
    6         provide certain information to the local enforcing
    7         agency under certain circumstances; prohibiting local
    8         enforcing agencies from making or requiring
    9         substantive changes to plans or specifications after a
   10         permit has been issued; providing exceptions;
   11         requiring local enforcing agencies that require
   12         substantive changes to plans or specifications after a
   13         permit has been issued to provide certain information
   14         to the permitholder in writing; providing that a plans
   15         examiner, inspector, or building code administrator is
   16         subject to disciplinary action under certain
   17         circumstances; amending s. 633.208, F.S.; requiring
   18         local fire officials to provide certain information to
   19         a permit applicant if building plans do not comply
   20         with the Florida Fire Prevention Code or the Life
   21         Safety Code; prohibiting a municipality, county, or
   22         special district from making or requiring substantive
   23         changes to building plans after a permit has been
   24         issued; providing exceptions; requiring a local fire
   25         official to provide certain information to the
   26         permitholder if a municipality, county, or special
   27         district requires substantive changes to building
   28         plans after a permit is issued; providing that a local
   29         fire official who is a certified firesafety inspector
   30         is subject to disciplinary action under certain
   31         circumstances; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraphs (f) and (i) of subsection (3) of
   36  section 489.105, Florida Statutes, are amended to read:
   37         489.105 Definitions.—As used in this part:
   38         (3) “Contractor” means the person who is qualified for, and
   39  is only responsible for, the project contracted for and means,
   40  except as exempted in this part, the person who, for
   41  compensation, undertakes to, submits a bid to, or does himself
   42  or herself or by others construct, repair, alter, remodel, add
   43  to, demolish, subtract from, or improve any building or
   44  structure, including related improvements to real estate, for
   45  others or for resale to others; and whose job scope is
   46  substantially similar to the job scope described in one of the
   47  paragraphs of this subsection. For the purposes of regulation
   48  under this part, the term “demolish” applies only to demolition
   49  of steel tanks more than 50 feet in height; towers more than 50
   50  feet in height; other structures more than 50 feet in height;
   51  and all buildings or residences. Contractors are subdivided into
   52  two divisions, Division I, consisting of those contractors
   53  defined in paragraphs (a)-(c), and Division II, consisting of
   54  those contractors defined in paragraphs (d)-(q):
   55         (f) “Class A air-conditioning contractor” means a
   56  contractor whose services are unlimited in the execution of
   57  contracts requiring the experience, knowledge, and skill to
   58  install, maintain, repair, fabricate, alter, extend, or design,
   59  if not prohibited by law, central air-conditioning,
   60  refrigeration, heating, and ventilating systems, including duct
   61  work in connection with a complete system if such duct work is
   62  performed by the contractor as necessary to complete an air
   63  distribution system, boiler and unfired pressure vessel systems,
   64  and all appurtenances, apparatus, or equipment used in
   65  connection therewith, and any duct cleaning and equipment
   66  sanitizing that requires at least a partial disassembling of the
   67  system; to install, maintain, repair, fabricate, alter, extend,
   68  or design, if not prohibited by law, piping, insulation of
   69  pipes, vessels and ducts, pressure and process piping, and
   70  pneumatic control piping; to replace, disconnect, or reconnect
   71  power wiring, breakers, or fuses on the load side of the
   72  dedicated existing electrical circuit disconnect switch; to
   73  replace, disconnect, or reconnect power wiring, breakers, or
   74  fuses on the line side directly connected to the dedicated
   75  existing electrical circuit disconnect switch and not the main
   76  breaker; to replace, disconnect, or reconnect air-conditioning
   77  disconnect switches and boxes; to install, disconnect, and
   78  reconnect low voltage heating, ventilating, and air-conditioning
   79  control wiring; and to install a condensate drain from an air
   80  conditioning unit to an existing safe waste or other approved
   81  disposal other than a direct connection to a sanitary system.
   82  The scope of work for such contractor also includes any
   83  excavation work incidental thereto, but does not include any
   84  work such as liquefied petroleum or natural gas fuel lines
   85  within buildings, except for disconnecting or reconnecting
   86  changeouts of liquefied petroleum or natural gas appliances
   87  within buildings; potable water lines or connections thereto;
   88  sanitary sewer lines; swimming pool piping and filters; or
   89  electrical power wiring. A Class A air-conditioning contractor
   90  may test and evaluate central air-conditioning, refrigeration,
   91  heating, and ventilating systems, including duct work; however,
   92  a mandatory licensing requirement is not established for the
   93  performance of these specific services.
   94         (i) “Mechanical contractor” means a contractor whose
   95  services are unlimited in the execution of contracts requiring
   96  the experience, knowledge, and skill to install, maintain,
   97  repair, fabricate, alter, extend, or design, if not prohibited
   98  by law, central air-conditioning, refrigeration, heating, and
   99  ventilating systems, including duct work in connection with a
  100  complete system if such duct work is performed by the contractor
  101  as necessary to complete an air-distribution system, boiler and
  102  unfired pressure vessel systems, lift station equipment and
  103  piping, and all appurtenances, apparatus, or equipment used in
  104  connection therewith, and any duct cleaning and equipment
  105  sanitizing that requires at least a partial disassembling of the
  106  system; to install, maintain, repair, fabricate, alter, extend,
  107  or design, if not prohibited by law, piping, insulation of
  108  pipes, vessels and ducts, pressure and process piping, pneumatic
  109  control piping, gasoline tanks and pump installations and piping
  110  for same, standpipes, air piping, vacuum line piping, oxygen
  111  lines, nitrous oxide piping, ink and chemical lines, fuel
  112  transmission lines, liquefied petroleum gas lines within
  113  buildings, and natural gas fuel lines within buildings; to
  114  replace, disconnect, or reconnect power wiring, breakers, or
  115  fuses on the load side of the dedicated existing electrical
  116  circuit disconnect switch; to replace, disconnect, or reconnect
  117  power wiring, breakers, or fuses on the line side directly
  118  connected to the dedicated existing electrical circuit
  119  disconnect switch and not the main breaker; to replace,
  120  disconnect, or reconnect air-conditioning disconnect switches
  121  and boxes; to install, disconnect, and reconnect low voltage
  122  heating, ventilating, and air-conditioning control wiring; and
  123  to install a condensate drain from an air-conditioning unit to
  124  an existing safe waste or other approved disposal other than a
  125  direct connection to a sanitary system. The scope of work for
  126  such contractor also includes any excavation work incidental
  127  thereto, but does not include any work such as potable water
  128  lines or connections thereto, sanitary sewer lines, swimming
  129  pool piping and filters, or electrical power wiring. A
  130  mechanical contractor may test and evaluate central air
  131  conditioning, refrigeration, heating, and ventilating systems,
  132  including duct work; however, a mandatory licensing requirement
  133  is not established for the performance of these specific
  134  services.
  135         Section 2. Subsection (2) of section 553.79, Florida
  136  Statutes, is amended to read:
  137         553.79 Permits; applications; issuance; inspections.—
  138         (2)(a)1. Except as provided in subsection (8), an enforcing
  139  agency may not issue any permit for construction, erection,
  140  alteration, modification, repair, or demolition of any building
  141  or structure until the local building code administrator or
  142  inspector has reviewed the plans and specifications required by
  143  the Florida Building Code, or local amendment thereto, for such
  144  proposal and found the plans to be in compliance with the
  145  Florida Building Code. If the local building code administrator
  146  or inspector finds that the plans are not in compliance with the
  147  Florida Building Code, the local building code administrator or
  148  inspector shall identify the specific plan features that do not
  149  comply with the applicable codes, identify the specific code
  150  chapters and sections upon which the finding is based, and
  151  provide this information to the local enforcing agency. If the
  152  building code administrator, plans examiner, or inspector
  153  requests another local enforcing agency employee or a person
  154  contracted by the local enforcing agency to review the plans and
  155  that employee or person identifies specific plan features that
  156  do not comply with the applicable codes, the building code
  157  administrator, plans examiner, or inspector must provide this
  158  information to the local enforcing agency. The local enforcing
  159  agency shall provide this information to the permit applicant.
  160         2.In addition, An enforcing agency may not issue any
  161  permit for construction, erection, alteration, modification,
  162  repair, or demolition of any building until the appropriate
  163  firesafety inspector certified pursuant to s. 633.216 has
  164  reviewed the plans and specifications required by the Florida
  165  Building Code, or local amendment thereto, for such proposal and
  166  found that the plans comply with the Florida Fire Prevention
  167  Code and the Life Safety Code. Any building or structure which
  168  is not subject to a firesafety code shall not be required to
  169  have its plans reviewed by the firesafety inspector.
  170         3. Any building or structure that is exempt from the local
  171  building permit process may not be required to have its plans
  172  reviewed by the local building code administrator. Industrial
  173  construction on sites where design, construction, and firesafety
  174  are supervised by appropriate design and inspection
  175  professionals and which contain adequate in-house fire
  176  departments and rescue squads is exempt, subject to local
  177  government option, from review of plans and inspections,
  178  providing owners certify that applicable codes and standards
  179  have been met and supply appropriate approved drawings to local
  180  building and firesafety inspectors.
  181         4. The enforcing agency shall issue a permit to construct,
  182  erect, alter, modify, repair, or demolish any building or
  183  structure when the plans and specifications for such proposal
  184  comply with the Florida Building Code and the Florida Fire
  185  Prevention Code and the Life Safety Code as determined by the
  186  local authority in accordance with this chapter and chapter 633.
  187         (b)After the local enforcing agency issues a permit, the
  188  local enforcing agency may not make or require any substantive
  189  changes to the plans or specifications except changes required
  190  for compliance with the Florida Building Code, the Florida Fire
  191  Prevention Code, or the Life Safety Code, or local amendments
  192  thereto. If a local enforcing agency makes or requires
  193  substantive changes to the plans or specifications after a
  194  permit is issued, the local enforcing agency must identify the
  195  specific plan features that do not comply with the applicable
  196  codes, identify the specific code chapters and sections upon
  197  which the finding is based, and provide the information to the
  198  permitholder in writing.
  199         (c)1.A plans examiner or inspector who fails to provide
  200  the building code administrator with the reasons for making or
  201  requiring substantive changes to the plans or specifications is
  202  subject to disciplinary action against his or her certificate
  203  under s. 468.621(1)(i).
  204         2.A building code administrator who fails to provide a
  205  permit applicant or permitholder with the reasons for making or
  206  requiring substantive changes to the plans or specifications is
  207  subject to disciplinary action against his or her certificate
  208  under s. 468.621(1)(i).
  209         Section 3. Subsection (2) of section 633.208, Florida
  210  Statutes, is amended to read:
  211         633.208 Minimum firesafety standards.—
  212         (2)(a) Pursuant to subsection (1), each municipality,
  213  county, and special district with firesafety responsibilities
  214  shall enforce the Florida Fire Prevention Code as the minimum
  215  firesafety code required by this section.
  216         (b)If a municipality, county, or special district
  217  determines that the building plans for a building permit
  218  application do not comply with the Florida Fire Prevention Code
  219  or the Life Safety Code, or local amendments thereto, the local
  220  fire official must identify the specific plan features that do
  221  not comply with the applicable codes, identify the specific code
  222  chapters and sections upon which the determination is based, and
  223  provide this information to the permit applicant.
  224         (c)After a municipality, county, or special district
  225  issues a building permit, it may not make or require any
  226  substantive changes to the building plans except those required
  227  for compliance with the Florida Fire Prevention Code or the Life
  228  Safety Code, or local amendments thereto. If a municipality,
  229  county, or special district makes or requires substantive
  230  changes to building plans after a permit is issued, the local
  231  fire official must identify the specific plan features that do
  232  not comply with the Florida Fire Prevention Code or the Life
  233  Safety Code, or local amendments thereto, identify the specific
  234  code chapters and sections upon which the finding is based, and
  235  provide this information to the permitholder.
  236         (d)A local fire official, who is also a certified
  237  firesafety inspector, who fails to comply with paragraph (b) or
  238  paragraph (c) is subject to disciplinary action against his or
  239  her certificate under s. 633.216(5)(f).
  240         Section 4. This act shall take effect July 1, 2023.