House Bill 1975

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    Florida House of Representatives - 1999                HB 1975

        By the Committee on Business Regulation & Consumer Affairs
    and Representatives Ogles, Cantens, Turnbull, Sorensen, Crist,
    J. Miller, Greenstein, Kilmer, Futch and Brown




  1                      A bill to be entitled

  2         An act relating to the construction industry;

  3         amending s. 468.609, F.S.; revising eligibility

  4         requirements for certification as a building

  5         inspector or plans examiner; amending s.

  6         468.621, F.S.; providing a ground for

  7         disciplinary action relating to the issuance of

  8         a building permit without obtaining a

  9         contractor certificate or registration number,

10         where such a certificate or registration is

11         required; providing penalties; amending ss.

12         20.165, 471.045, 481.222, 489.109, and 489.519,

13         F.S.; correcting references, to conform;

14         amending s. 469.001, F.S.; defining the term

15         "ASHARA"; revising terminology in a reference;

16         amending s. 469.002, F.S.; revising references

17         relating to training required of certain

18         persons exempt from regulation under ch. 469,

19         F.S., relating to asbestos abatement; amending

20         s. 469.004, F.S.; providing for biennial

21         renewal of licenses of asbestos consultants and

22         asbestos contractors and providing continuing

23         education requirements therefor; amending s.

24         469.005, F.S.; eliminating a course requirement

25         for licensure as an asbestos consultant;

26         amending s. 469.006, F.S.; revising

27         requirements to qualify additional business

28         organizations for licensure; amending s.

29         469.011, F.S.; providing rulemaking authority

30         for implementation of the chapter; requiring

31         consideration of certain federal regulations in

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  1         developing such rules; amending s. 469.012,

  2         F.S.; revising course requirements for onsite

  3         supervisors and asbestos abatement workers;

  4         correcting terminology; amending s. 469.013,

  5         F.S.; revising course requirements for asbestos

  6         surveyors, management planners, and project

  7         monitors, and providing course requirements for

  8         project designers; correcting terminology;

  9         creating s. 489.13, F.S.; prohibiting any

10         person from performing any activity requiring

11         licensure as a construction contractor under

12         pt. I, ch. 489, F.S., unless the person holds a

13         valid active certificate or registration to

14         perform such activity issued under such part;

15         providing penalties; prohibiting any local

16         building department from issuing a building

17         permit to any person who does not hold an

18         active valid certificate or registration in the

19         applicable construction category issued under

20         such part; amending s. 489.503, F.S.;

21         clarifying an existing utilities exemption from

22         regulation under pt. II, ch. 489, F.S.,

23         relating to electrical and alarm system

24         contracting; amending s. 489.511, F.S.;

25         requiring certain work experience for an alarm

26         system contractor I to be in certain types of

27         fire alarm systems; revising provisions

28         relating to designation and certification of

29         specialty contractors; providing for the

30         voiding of previously issued registered

31         licenses upon issuance of certification in the

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  1         same classification; amending s. 489.513, F.S.,

  2         and repealing subsection (7), relating to

  3         tracking registration and discipline related

  4         thereto; revising requirements for registration

  5         as an electrical contractor, alarm system

  6         contractor I or II, or registered alarm system

  7         contractor; amending s. 489.537, F.S.;

  8         authorizing certain persons to install

  9         residential smoke or heat detectors; providing

10         an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (c) of subsection (2) of section

15  468.609, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         468.609  Administration of this part; standards for

18  certification; additional categories of certification.--

19         (2)  A person shall be entitled to take the examination

20  for certification as an inspector or plans examiner pursuant

21  to this part if the person:

22         (c)  Meets eligibility requirements according to one of

23  the following criteria:

24         1.  Demonstrates 5 years' combined experience in the

25  field of construction or a related field, building inspection,

26  or plans review corresponding to the certification category

27  sought;

28         2.  Demonstrates a combination of postsecondary

29  education in the field of construction or a related field and

30  experience which totals 4 years, with at least 1 year of such

31

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  1  total being experience in construction, building inspection,

  2  or plans review; or

  3         3.  Demonstrates a combination of technical education

  4  in the field of construction or a related field and experience

  5  which totals 4 years, with at least 1 year of such total being

  6  experience in construction, building inspection, or plans

  7  review; or

  8         4.3.  Currently holds a standard certificate as issued

  9  by the board and satisfactorily completes an inspector or

10  plans examiner training program of not less than 200 hours in

11  the certification category sought. The board shall establish

12  by rule criteria for the development and implementation of the

13  training programs.

14         Section 2.  Paragraph (h) is added to subsection (1) of

15  section 468.621, Florida Statutes, 1998 Supplement, to read:

16         468.621  Disciplinary proceedings.--

17         (1)  The following acts constitute grounds for which

18  the disciplinary actions in subsection (2) may be taken:

19         (h)  Issuing a building permit to a contractor, or any

20  person representing himself or herself as a contractor,

21  without obtaining the contractor's certificate or registration

22  number, where such a certificate or registration is required.

23         Section 3.  Paragraph (a) of subsection (4) of section

24  20.165, Florida Statutes, is amended to read:

25         20.165  Department of Business and Professional

26  Regulation.--There is created a Department of Business and

27  Professional Regulation.

28         (4)(a)  The following boards are established within the

29  Division of Professions:

30         1.  Board of Architecture and Interior Design, created

31  under part I of chapter 481.

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  1         2.  Florida Board of Auctioneers, created under part VI

  2  of chapter 468.

  3         3.  Barbers' Board, created under chapter 476.

  4         4.  Florida Building Code Administrators and Inspectors

  5  Board, created under part XII XIII of chapter 468.

  6         5.  Construction Industry Licensing Board, created

  7  under part I of chapter 489.

  8         6.  Board of Cosmetology, created under chapter 477.

  9         7.  Electrical Contractors' Licensing Board, created

10  under part II of chapter 489.

11         8.  Board of Employee Leasing Companies, created under

12  part XI of chapter 468.

13         9.  Board of Funeral Directors and Embalmers, created

14  under chapter 470.

15         10.  Board of Landscape Architecture, created under

16  part II of chapter 481.

17         11.  Board of Pilot Commissioners, created under

18  chapter 310.

19         12.  Board of Professional Engineers, created under

20  chapter 471.

21         13.  Board of Professional Geologists, created under

22  chapter 492.

23         14.  Board of Professional Surveyors and Mappers,

24  created under chapter 472.

25         15.  Board of Veterinary Medicine, created under

26  chapter 474.

27         Section 4.  Section 471.045, Florida Statutes, 1998

28  Supplement, is amended to read:

29         471.045  Professional engineers performing building

30  code inspector duties.--Notwithstanding any other provision of

31  law, a person who is currently licensed under this chapter to

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  1  practice as a professional engineer may provide building

  2  inspection services described in s. 468.603(6) and (7) to a

  3  local government or state agency upon its request, without

  4  being certified by the Florida Board of Building Code

  5  Administrators and Inspectors Board under part XII XIII of

  6  chapter 468. When performing these building inspection

  7  services, the professional engineer is subject to the

  8  disciplinary guidelines of this chapter and s.

  9  468.621(1)(c)-(h)(c)-(g). Any complaint processing,

10  investigation, and discipline that arise out of a professional

11  engineer's performing building inspection services shall be

12  conducted by the Board of Professional Engineers rather than

13  the Florida Board of Building Code Administrators and

14  Inspectors Board. A professional engineer may not perform

15  plans review as an employee of a local government upon any job

16  that the professional engineer or the professional engineer's

17  company designed.

18         Section 5.  Section 481.222, Florida Statutes, 1998

19  Supplement, is amended to read:

20         481.222  Architects performing building code inspector

21  duties.--Notwithstanding any other provision of law, a person

22  who is currently licensed to practice as an architect under

23  this part may provide building inspection services described

24  in s. 468.603(6) and (7) to a local government or state agency

25  upon its request, without being certified by the Florida Board

26  of Building Code Administrators and Inspectors Board under

27  part XII XIII of chapter 468. With respect to the performance

28  of such building inspection services, the architect is subject

29  to the disciplinary guidelines of this part and s.

30  468.621(1)(c)-(h)(c)-(g). Any complaint processing,

31  investigation, and discipline that arise out of an architect's

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  1  performance of building inspection services shall be conducted

  2  by the Board of Architecture and Interior Design rather than

  3  the Florida Board of Building Code Administrators and

  4  Inspectors Board. An architect may not perform plans review as

  5  an employee of a local government upon any job that the

  6  architect or the architect's company designed.

  7         Section 6.  Paragraph (e) of subsection (1) of section

  8  489.109, Florida Statutes, is amended to read:

  9         489.109  Fees.--

10         (1)  The board, by rule, shall establish reasonable

11  fees to be paid for applications, certification and renewal,

12  registration and renewal, and recordmaking and recordkeeping.

13  The fees shall be established as follows:

14         (e)  The board, by rule, shall impose a renewal fee for

15  an inactive status certificate or registration, not to exceed

16  the renewal fee for an active status certificate or

17  registration.  Neither the inactive certification fee nor the

18  inactive registration fee may exceed $50.  The board, by rule,

19  may provide for a different fee for inactive status where such

20  status is sought by a building code administrator, plans

21  examiner, or inspector certified pursuant to part XII XIII of

22  chapter 468 who is employed by a local government and is not

23  allowed by the terms of such employment to maintain a

24  certificate on active status issued pursuant to this part.

25         Section 7.  Subsection (3) of section 489.519, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         489.519  Inactive status.--

28         (3)  The board shall impose, by rule, continuing

29  education requirements for inactive certificateholders, when

30  inactive status is sought by certificateholders who are also

31

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  1  building code administrators, plans examiners, or inspectors

  2  certified pursuant to part XII XIII of chapter 468.

  3         Section 8.  Section 469.001, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         469.001  Definitions.--As used in this chapter:

  6         (1)  "Abatement" means the removal, encapsulation,

  7  enclosure, or disposal of asbestos.

  8         (2)  "AHERA" means the Asbestos Hazard Emergency

  9  Response Act of 1986, 15 U.S.C. s. 2601, and any rules adopted

10  thereunder.

11         (3)  "Asbestos" means the asbestiform varieties of

12  chrysotile, crocidolite, amosite, anthophyllite, tremolite,

13  and actinolite.

14         (4)  "Asbestos abatement worker" means a person who

15  works as an employee under the direction of a licensed

16  asbestos contractor, and includes any person directly engaged

17  in abatement activities.

18         (5)  "Asbestos consultant" means a person who offers

19  to, undertakes to, submits a bid to, or does, individually or

20  by employing others, conduct surveys for asbestos-containing

21  materials, develop operation and maintenance plans, monitor

22  and evaluate asbestos abatement, prepare asbestos abatement

23  specifications, or perform related tasks.

24         (6)  "Asbestos-containing material" means any material

25  which contains more than 1 percent asbestos as determined by

26  polarized light microscopy.

27         (7)  "Asbestos contractor" means the person who is

28  qualified and responsible for the contracted project and who

29  offers to, undertakes to, submits a bid to, or does,

30  individually or by employing others, remove, encapsulate, or

31  enclose asbestos-containing materials or dispose of

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  1  asbestos-containing waste in the course of activities

  2  including, but not limited to, construction, renovation,

  3  maintenance, or demolition.

  4         (8)  "Asbestos surveyor" means a person who works under

  5  the direction of a licensed asbestos consultant and engages in

  6  the survey and assessment of asbestos-containing materials.

  7  This term is synonymous with "inspector" under AHERA.

  8         (9)  "ASHARA" means the Asbestos School Hazard

  9  Reauthorization Act.

10         (10)(9)  "Department" means the Department of Business

11  and Professional Regulation.

12         (11)(10)  "Encapsulation" means the application of any

13  coating to asbestos-containing material to prevent fiber

14  release.

15         (12)(11)  "Enclosure" means the construction of an

16  airtight barrier around asbestos-containing material to

17  prevent fiber release.

18         (13)(12)  "Friable" means the condition of any

19  asbestos-containing materials which, when dry, may be

20  crumbled, pulverized, or reduced to powder by hand pressure.

21         (14)(13)  "Management planner" means a person who works

22  under the direction of a licensed asbestos consultant and

23  engages in the development of asbestos abatement schedules or

24  operation and maintenance plans.

25         (15)(14)  "NESHAP" means the National Emission

26  Standards for Hazardous Air Pollutants, 40 C.F.R. part 61,

27  subpart M.

28         (16)(15)  "NIOSH" means the National Institute for

29  Occupational Safety and Health.

30         (17)(16)  "Onsite roofing supervisor" means a person

31  who works under the direction of a roofing contractor

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  1  certified pursuant to part I of chapter 489 and provides

  2  supervision of removal of asbestos-containing roofing

  3  materials at the project site at all times when such

  4  activities are being performed.

  5         (18)(17)  "Onsite supervisor" means a person who works

  6  under the direction of a licensed asbestos contractor and

  7  provides supervision of abatement activities at the abatement

  8  project site at all times when such activities are being

  9  performed. This term is synonymous with "onsite

10  representative" in the NESHAP asbestos standard rules.

11         (19)(18)  "Operation and maintenance plan" means a set

12  of work practices and procedures undertaken to clean up

13  previously released asbestos fibers, prevent future release of

14  fibers by minimizing disturbance or damage to

15  asbestos-containing materials, or monitor the condition of the

16  asbestos-containing materials.

17         (20)(19)  "OSHA" means the Occupational Safety and

18  Health Administration.

19         (21)(20)  "Project designer" means a person who works

20  under the direction of a licensed asbestos consultant and

21  engages in the design of project specifications for asbestos

22  abatement projects.

23         (22)(21)  "Project monitor" means a person who monitors

24  asbestos abatement projects for compliance with project

25  specifications, applicable safety and health regulations, and

26  other contract requirements under the direction of a licensed

27  asbestos consultant.

28         (23)(22)  "Survey" means the process of inspecting a

29  facility for the presence of asbestos-containing materials to

30  determine the location and condition of asbestos-containing

31  materials prior to transfer of property, renovation,

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  1  demolition, or maintenance projects which may disturb

  2  asbestos-containing materials.

  3         (24)(23)  "Training-course provider" means an entity or

  4  any of its agents engaged in providing training courses

  5  required by this chapter.

  6         Section 9.  Paragraphs (a) and (e) of subsection (1) of

  7  section 469.002, Florida Statutes, 1998 Supplement, are

  8  amended to read:

  9         469.002  Exemptions.--

10         (1)  This chapter does not apply to:

11         (a)  An authorized employee of the United States, this

12  state, or any municipality, county, or other political

13  subdivision, public or private school, or private entity who

14  has completed all training required by NESHAP and OSHA or by

15  ASHARA AHERA for the activities described in this paragraph

16  and who is conducting abatement work solely for maintenance

17  purposes within the scope of the person's employment involving

18  less than 160 square feet of asbestos-containing materials or

19  less than 260 linear feet of asbestos-containing material on

20  pipe, so long as the employee is not available for hire or

21  does not otherwise engage in asbestos abatement, contracting,

22  or consulting.

23         (e)  An authorized employee of the United States, this

24  state, or any municipality, county, or other political

25  subdivision who has completed all training required by NESHAP

26  and OSHA or by ASHARA AHERA for the activities described in

27  this paragraph, while engaged in asbestos-related activities

28  set forth in s. 255.5535 and asbestos-related activities

29  involving the demolition of a building owned by that

30  governmental unit, where such activities are within the scope

31  of that employment and the employee does not hold out for hire

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  1  or otherwise engage in asbestos abatement, contracting, or

  2  consulting.

  3         Section 10.  Subsection (3) is added to section

  4  469.004, Florida Statutes, 1998 Supplement, to read:

  5         469.004  License; asbestos consultant; asbestos

  6  contractor.--

  7         (3)  A license issued under this chapter must be

  8  renewed every 2 years. Before an asbestos contractor's license

  9  may be renewed, the licensee must complete a 1-day course of

10  continuing education during each of the preceding 2 years.

11  Before an asbestos consultant's license may be renewed, the

12  licensee must complete a 2-day course of continuing education

13  during each of the preceding 2 years.

14         Section 11.  Subsection (2) of section 469.005, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         469.005  License requirements.--All applicants for

17  licensure as either asbestos consultants or asbestos

18  contractors shall:

19         (2)  When applying for licensure as an asbestos

20  consultant, successfully complete the following

21  department-approved courses:

22         (a)  An asbestos contractor/supervisor course. Such

23  course shall consist of not less than 5 days of instruction.

24         (a)(b)  A building asbestos surveys and mechanical

25  systems course. Such course shall consist of not less than 3

26  days of instruction.

27         (b)(c)  An asbestos management planning course. Such

28  course shall consist of not less than 2 days of instruction.

29         (c)(d)  A respiratory protection course. Such course

30  shall consist of not less than 3 days of instruction.

31

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  1         (d)(e)  A project designer course. Such course shall

  2  consist of not less than 3 days of instruction.

  3         Section 12.  Subsection (6) of section 469.006, Florida

  4  Statutes, 1998 Supplement, is amended to read:

  5         469.006  Licensure of business organizations;

  6  qualifying agents.--

  7         (6)  Each qualifying agent shall pay the department an

  8  amount equal to the original fee for licensure of a new

  9  business organization. If the qualifying agent for a business

10  organization desires to qualify additional business

11  organizations, the department shall require the agent to

12  present evidence of supervisory ability and financial

13  responsibility of each such organization. Allowing a licensee

14  to qualify more than one business organization shall be

15  conditioned upon the licensee showing that the licensee has

16  both the capacity and intent to adequately supervise each

17  business organization. The department shall not limit the

18  number of business organizations which the licensee may

19  qualify except upon the licensee's failure to provide such

20  information as is required under this subsection or upon a

21  finding that such information or evidence as is supplied is

22  incomplete or unpersuasive in showing the licensee's capacity

23  and intent to comply with the requirements of this subsection.

24  A qualification for an additional business organization may be

25  revoked or suspended upon a finding by the department that the

26  licensee has failed in the licensee's responsibility to

27  adequately supervise the operations of the business

28  organization. Failure to adequately supervise the operations

29  of a business organization shall be grounds for denial to

30  qualify additional business organizations. The issuance of

31

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  1  such additional licensure is discretionary with the

  2  department.

  3         Section 13.  Section 469.011, Florida Statutes, is

  4  amended to read:

  5         469.011  Authority to make rules.--The department shall

  6  adopt such rules pursuant to ss. 120.536(1) and 120.54, not

  7  inconsistent with law, as may be necessary to implement the

  8  provisions of this chapter. In developing the rules, the

  9  department shall consider related Florida Statutes and the

10  rules promulgated thereunder, the criteria established in the

11  Environmental Protection Agency Guidelines, and AHERA, ASHARA,

12  NESHAP, and OSHA regulations.

13         Section 14.  Subsections (1), (2), and (4) of section

14  469.012, Florida Statutes, are amended to read:

15         469.012  Course requirements for onsite supervisors and

16  asbestos abatement workers.--

17         (1)  Each asbestos contractor's onsite supervisor must

18  complete an asbestos contractor/supervisor project management

19  and supervision course of not less than 5 4 days prior to

20  engaging in onsite supervision. Such training shall cover the

21  nature of the health risks, the medical effects of exposure,

22  federal and state asbestos laws and regulations, worker

23  protection, and work area protection. Each onsite supervisor

24  must also complete a continuing education course of not less

25  than 1 day in length each year.

26         (2)  All asbestos abatement workers, including onsite

27  supervisors, must complete a department-approved course of not

28  less than 4 3 days in abatement prior to removing,

29  encapsulating, enclosing, or disposing of asbestos-containing

30  materials.

31

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  1         (4)  All asbestos abatement workers, including onsite

  2  supervisors, must complete, as a condition of renewal of

  3  accreditation licensure, such courses of continuing education

  4  each year as are approved and required by the department.

  5         Section 15.  Section 469.013, Florida Statutes, 1998

  6  Supplement, is amended to read:

  7         469.013  Course requirements for asbestos surveyors,

  8  management planners, and project monitors, and project

  9  designers.--

10         (1)  All asbestos surveyors, management planners, and

11  project monitors must comply with the requirements set forth

12  in this section prior to commencing such activities and must

13  also complete the continuing education necessary to maintain

14  accreditation certification each year.

15         (a)  Management planners must complete all requirements

16  of s. 469.005(2)(b)(c) and (d) (e).

17         (b)  Asbestos surveyors must complete all requirements

18  of s. 469.005(2)(a)(b).

19         (c)  Project monitors must complete all requirements of

20  s. 469.005(3)(2)(a) and must also complete an asbestos

21  sampling course which is equivalent to NIOSH Course 582.

22         (d)  Project designers must complete all requirements

23  of s. 469.005(2)(d).

24         (2)  Each asbestos consultant shall be responsible for

25  securing and retaining all records in order to verify that all

26  surveyors, planners, and monitors, and designers working under

27  that consultant's direction have completed all required

28  courses. Such records shall be produced upon the department's

29  request.

30         Section 16.  Section 489.13, Florida Statutes, is

31  created to read:

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  1         489.13  Unlicensed contracting; authority to issue or

  2  receive a building permit.--

  3         (1)  Any person performing an activity requiring

  4  licensure under this part as a construction contractor is

  5  guilty of unlicensed contracting if he or she does not hold a

  6  valid active certificate or registration authorizing him or

  7  her to perform such activity, regardless of whether he or she

  8  holds a local construction contractor license or local

  9  certificate of competency.

10         (2)  A local building department shall not issue a

11  building permit to any contractor, or to any person

12  representing himself or herself as a contractor, who does not

13  hold a valid active certificate or registration in the

14  appropriate category. Possession of a local certificate of

15  competency or local construction license is not sufficient to

16  lawfully obtain a building permit as a construction contractor

17  if the activity in question requires licensure under this

18  part.

19         Section 17.  Subsection (14) of section 489.503,

20  Florida Statutes, 1998 Supplement, is amended to read:

21         489.503 Exemptions.--This part does not apply to:

22         (Substantial rewording of subsection.  See s.

23         489.503(14), F.S., 1998 Supp., for present text.)

24         (14)(a)  The installation of, repair of, alteration of,

25  addition to, or design of electrical wiring, fixtures,

26  appliances, thermostats, apparatus, raceways, and conduit, or

27  any part thereof, when those items are for the purpose of

28  transmitting data, voice communications, or commands as part

29  of a cable television, community antenna television, or radio

30  distribution system. The scope of this exemption is limited to

31  electrical circuits and equipment governed by the applicable

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  1  provisions of Articles 725 (Classes 2 and 3 circuits only),

  2  770, 800, 810, and 820 of the National Electrical Code,

  3  current edition, or 47 C.F.R. part 68.

  4         (b)  The installation of, repair of, alteration of,

  5  addition to, or design of electrical wiring, fixtures,

  6  appliances, thermostats, apparatus, raceways, and conduit, or

  7  any part thereof, when those items are for the purpose of

  8  transmitting data, voice communications, or commands as part

  9  of a system of telecommunications, including computers,

10  telephone customer premises equipment, or premises wiring. The

11  scope of this exemption is limited to electrical circuits and

12  equipment governed by the applicable provisions of Articles

13  725 (Classes 2 and 3 circuits only), 770, 800, 810, and 820 of

14  the National Electrical Code, current edition, or 47 C.F.R.

15  part 68. The exemption in this paragraph shall apply only if

16  such work is requested by the company's customer, is required

17  in order to complete phone service, is incidental to provision

18  of telecommunication service as required by chapter 364, and

19  is not actively competitive in nature or the subject of a

20  competitive bid. The definition of "employee" established in

21  subsection (1) applies to this exemption and does not include

22  subcontractors. A company certified under chapter 364 is not

23  subject to any local ordinance that requires a permit for work

24  performed by its employees related to low voltage electrical

25  work, including related technical codes and regulations.

26         Section 18.  Paragraph (c) is added to subsection (2)

27  of section 489.511, Florida Statutes, 1998 Supplement,

28  subsection (5) is amended, and subsection (7) is added to said

29  section, to read:

30         489.511  Certification; application; examinations;

31  endorsement.--

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  1         (2)

  2         (c)  For purposes of this subsection, at least 40

  3  percent of the work experience for an alarm system contractor

  4  I must be in the types of fire alarm systems typically used in

  5  a commercial setting.

  6         (5)(a)  The board shall, by rule, designate those types

  7  of specialty electrical or alarm system contractors who may be

  8  certified under this part. The limit of the scope of work and

  9  responsibility of a certified specialty contractor shall be

10  established by the board by rule. However, A certified

11  specialty contractor category exists as an optional a

12  voluntary statewide licensing category. Qualification for

13  certification in a specialty category created by rule shall be

14  the same as set forth in paragraph (2)(a). The existence of a

15  specialty category created by rule does not itself create any

16  licensing requirement; however, neither does its optional

17  nature remove any licensure requirement established elsewhere

18  in this part and does not create a mandatory licensing

19  requirement. Any mandatory statewide electrical or alarm

20  system contracting licensure requirement may only be

21  established through specific statutory provision.

22         (b)  For those specialty electrical or alarm system

23  contractors applying for certification under this part who

24  work in jurisdictions that do not require local licensure for

25  those activities for which the applicant desires to be

26  certified, the experience requirement may be met by

27  demonstrating at least 6 years of comprehensive training,

28  technical education, or supervisory experience, within the 12

29  years immediately preceding the filing of the application, in

30  the type of specialty electrical or alarm system filing of the

31  application, in the type of specialty electrical or alarm

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  1  system work for which certification is desired. An affidavit

  2  signed by the applicant's employer stating that the applicant

  3  performed the work required under this paragraph shall be

  4  sufficient to demonstrate to the board that the applicant has

  5  met the experience requirement.

  6         (7)  Upon the issuance of a certificate, any previously

  7  issued registered licenses for the classification in which the

  8  certification is issued are rendered void.

  9         Section 19.  Subsection (3) of section 489.513, Florida

10  Statutes, 1998 Supplement, is amended, and subsection (7) of

11  said section is repealed, to read:

12         489.513  Registration; application; requirements.--

13         (3)  To be registered as an electrical contractor, an

14  alarm system contractor I, an alarm system contractor II, or a

15  residential alarm system contractor, the applicant shall file

16  evidence of holding a current certificate of competency

17  occupational license or a current license issued by any

18  municipality or county of the state for the type of work for

19  which registration is desired, on a form provided by the

20  department, if such a license is required by that municipality

21  or county, together with evidence of having passed an

22  appropriate local examination, written or oral, designed to

23  test skills and knowledge relevant to the technical

24  performance of the profession, accompanied by the registration

25  fee fixed pursuant to this part. For any person working or

26  wishing to work in any local jurisdiction that which does not

27  issue a local license as an electrical or alarm system

28  contractor or does not require an examination for its license,

29  the applicant may apply and shall be considered qualified to

30  be issued a registration in the appropriate electrical or

31  alarm system category, provided that he or she shows that he

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  1  or she has scored at least 75 percent on an examination which

  2  is substantially equivalent to the examination approved by the

  3  board for certification in the category and that he or she has

  4  had at least 3 years' technical experience in the trade. The

  5  requirement to take and pass an examination in order to obtain

  6  a registration shall not apply to persons making application

  7  prior to the effective date of this act.

  8         (7)  Neither the board nor the department assumes any

  9  responsibility for providing discipline pursuant to having

10  provided the tracking registration.  Providing discipline to

11  such locally licensed individuals shall be the responsibility

12  of the local jurisdiction.  Failure to obtain a tracking

13  registration shall not be considered a violation of this

14  chapter.  However, a local jurisdiction requiring such

15  tracking registration may levy such penalties for failure to

16  obtain the tracking registration as the local jurisdiction

17  chooses to provide through local ordinance.

18         Section 20.  Subsection (10) is added to section

19  489.537, Florida Statutes, 1998 Supplement, to read:

20         489.537  Application of this part.--

21         (10)  A registered electrical contractor, an alarm

22  system contractor II certificateholder, and a registered alarm

23  system contractor II shall be allowed to install residential

24  smoke detectors or residential heat detectors.

25         Section 21.  This act shall take effect July 1, 1999.

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises eligibility requirements for certification as a
  4    building inspector or plans examiner, to authorize use of
      a specified combination of technical education and
  5    experience. Provides that issuing or allowing to be
      issued a building permit to any person without obtaining
  6    a contractor certificate or registration number from such
      person, where such a certificate or registration is
  7    required, is a ground for disciplinary action against the
      building official responsible for the issuance of such
  8    permit.

  9
      Defines the term "ASHARA," and provides reference thereto
10    in provisions relating to training required of certain
      persons exempt from regulation under ch. 469, F.S.,
11    relating to asbestos abatement. Provides for biennial
      renewal of licenses of asbestos consultants and asbestos
12    contractors, and provides continuing education
      requirements therefor. Eliminates a course requirement
13    for licensure as an asbestos consultant. Revises
      requirements to qualify additional business organizations
14    for licensure. Provides rulemaking authority for
      implementation of the chapter, and requires consideration
15    of ASHARA regulations in developing such rules. Revises
      course requirements for onsite supervisors and asbestos
16    abatement workers and also for asbestos surveyors,
      management planners, and project monitors, and provides
17    course requirements for project designers.

18
      Prohibits any person from performing any activity
19    requiring licensure as a construction contractor under
      pt. I, ch. 489, F.S., unless the person holds a valid
20    active certificate or registration to perform such
      activity issued under such part. Prohibits any local
21    building department from issuing a building permit to any
      person who does not hold an active valid certificate or
22    registration in the applicable construction category
      issued under such part.
23

24    Clarifies an existing utilities exemption from regulation
      under pt. II, ch. 489, F.S., relating to electrical and
25    alarm system contracting. Requires a specified percentage
      of required work experience for an alarm system
26    contractor I to be in the types of fire alarm systems
      typically used in a commercial setting. Revises
27    provisions relating to designation and certification of
      specialty electrical or alarm system contractors.
28    Provides for the voiding of previously issued registered
      licenses upon issuance of certification in the same
29    classification. Repeals a provision relating to tracking
      registration and discipline related thereto. Revises
30    requirements for registration as an electrical
      contractor, alarm system contractor I or II, or
31    registered alarm system contractor. Revises provisions
      relating to local enforcement authority with respect to
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  1    registered contractors. Allows specified electrical or
      alarm system contractors to install residential smoke or
  2    heat detectors. See bill for details.

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