Senate Bill sb2304

    Florida Senate - 2004                                  SB 2304

    By Senator Haridopolos





    26-1507-04

  1                      A bill to be entitled

  2         An act relating to construction contracting;

  3         amending s. 489.103, F.S.; exempting the

  4         installation of garage doors from regulation

  5         under part I of ch. 489, F.S.; amending s.

  6         489.105, F.S.; authorizing Class A or Class B

  7         air-conditioning contractors to disconnect or

  8         reconnect liquefied petroleum gas line

  9         changeouts; deleting a prohibition against

10         mechanical contractors or plumbing contractors

11         performing work on liquefied petroleum gas

12         lines; providing an effective date.

13  

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

15  

16         Section 1.  Subsection (6) of section 489.103, Florida

17  Statutes, is amended to read:

18         489.103  Exemptions.--This part does not apply to:

19         (6)  The sale or installation of any finished products,

20  materials, or articles of merchandise that are not fabricated

21  into and do not become a permanent fixed part of the

22  structure, such as awnings or garage doors.  However, this

23  subsection does not exempt in-ground spas and swimming pools

24  that involve excavation, plumbing, chemicals, or wiring of any

25  appliance without a factory-installed electrical cord and

26  plug. This subsection does not limit the exemptions provided

27  in subsection (7).

28         Section 2.  Paragraphs (f), (g), (i), and (m) of

29  subsection (3) of section 489.105, Florida Statutes, are

30  amended to read:

31         489.105  Definitions.--As used in this part:

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2304
    26-1507-04




 1         (3)  "Contractor" means the person who is qualified

 2  for, and shall only be responsible for, the project contracted

 3  for and means, except as exempted in this part, the person

 4  who, for compensation, undertakes to, submits a bid to, or

 5  does himself or herself or by others construct, repair, alter,

 6  remodel, add to, demolish, subtract from, or improve any

 7  building or structure, including related improvements to real

 8  estate, for others or for resale to others; and whose job

 9  scope is substantially similar to the job scope described in

10  one of the subsequent paragraphs of this subsection. For the

11  purposes of regulation under this part, "demolish" applies

12  only to demolition of steel tanks over 50 feet in height;

13  towers over 50 feet in height; other structures over 50 feet

14  in height, other than buildings or residences over three

15  stories tall; and buildings or residences over three stories

16  tall. Contractors are subdivided into two divisions, Division

17  I, consisting of those contractors defined in paragraphs

18  (a)-(c), and Division II, consisting of those contractors

19  defined in paragraphs (d)-(q):

20         (f)  "Class A air-conditioning contractor" means a

21  contractor whose services are unlimited in the execution of

22  contracts requiring the experience, knowledge, and skill to

23  install, maintain, repair, fabricate, alter, extend, or

24  design, when not prohibited by law, central air-conditioning,

25  refrigeration, heating, and ventilating systems, including

26  duct work in connection with a complete system only to the

27  extent such duct work is performed by the contractor as is

28  necessary to make complete an air-distribution system, boiler

29  and unfired pressure vessel systems, and all appurtenances,

30  apparatus, or equipment used in connection therewith, and any

31  duct cleaning and equipment sanitizing which requires at least

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2304
    26-1507-04




 1  a partial disassembling of the system; to install, maintain,

 2  repair, fabricate, alter, extend, or design, when not

 3  prohibited by law, piping, insulation of pipes, vessels and

 4  ducts, pressure and process piping, and pneumatic control

 5  piping; to replace, disconnect, or reconnect power wiring on

 6  the load side of the dedicated existing electrical disconnect

 7  switch; to install, disconnect, and reconnect low voltage

 8  heating, ventilating, and air-conditioning control wiring; and

 9  to install a condensate drain from an air-conditioning unit to

10  an existing safe waste or other approved disposal other than a

11  direct connection to a sanitary system. The scope of work for

12  such contractor shall also include any excavation work

13  incidental thereto, but shall not include any work such as

14  liquefied petroleum or natural gas fuel lines within buildings

15  except for disconnecting or reconnecting changeouts, potable

16  water lines or connections thereto, sanitary sewer lines,

17  swimming pool piping and filters, or electrical power wiring.

18         (g)  "Class B air-conditioning contractor" means a

19  contractor whose services are limited to 25 tons of cooling

20  and 500,000 Btu of heating in any one system in the execution

21  of contracts requiring the experience, knowledge, and skill to

22  install, maintain, repair, fabricate, alter, extend, or

23  design, when not prohibited by law, central air-conditioning,

24  refrigeration, heating, and ventilating systems, including

25  duct work in connection with a complete system only to the

26  extent such duct work is performed by the contractor as is

27  necessary to make complete an air-distribution system being

28  installed under this classification, and any duct cleaning and

29  equipment sanitizing which requires at least a partial

30  disassembling of the system; to install, maintain, repair,

31  fabricate, alter, extend, or design, when not prohibited by

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2304
    26-1507-04




 1  law, piping and insulation of pipes, vessels, and ducts; to

 2  replace, disconnect, or reconnect power wiring on the load

 3  side of the dedicated existing electrical disconnect switch;

 4  to install, disconnect, and reconnect low voltage heating,

 5  ventilating, and air-conditioning control wiring; and to

 6  install a condensate drain from an air-conditioning unit to an

 7  existing safe waste or other approved disposal other than a

 8  direct connection to a sanitary system. The scope of work for

 9  such contractor shall also include any excavation work

10  incidental thereto, but shall not include any work such as

11  liquefied petroleum or natural gas fuel lines within buildings

12  except for disconnecting or reconnecting changeouts, potable

13  water lines or connections thereto, sanitary sewer lines,

14  swimming pool piping and filters, or electrical power wiring.

15         (i)  "Mechanical contractor" means a contractor whose

16  services are unlimited in the execution of contracts requiring

17  the experience, knowledge, and skill to install, maintain,

18  repair, fabricate, alter, extend, or design, when not

19  prohibited by law, central air-conditioning, refrigeration,

20  heating, and ventilating systems, including duct work in

21  connection with a complete system only to the extent such duct

22  work is performed by the contractor as is necessary to make

23  complete an air-distribution system, boiler and unfired

24  pressure vessel systems, lift station equipment and piping,

25  and all appurtenances, apparatus, or equipment used in

26  connection therewith, and any duct cleaning and equipment

27  sanitizing which requires at least a partial disassembling of

28  the system; to install, maintain, repair, fabricate, alter,

29  extend, or design, when not prohibited by law, piping,

30  insulation of pipes, vessels and ducts, pressure and process

31  piping, pneumatic control piping, gasoline tanks and pump

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2304
    26-1507-04




 1  installations and piping for same, standpipes, air piping,

 2  vacuum line piping, oxygen lines, nitrous oxide piping, ink

 3  and chemical lines, fuel transmission lines, liquefied

 4  petroleum gas lines within buildings, and natural gas fuel

 5  lines within buildings; to replace, disconnect, or reconnect

 6  power wiring on the load side of the dedicated existing

 7  electrical disconnect switch; to install, disconnect, and

 8  reconnect low voltage heating, ventilating, and

 9  air-conditioning control wiring; and to install a condensate

10  drain from an air-conditioning unit to an existing safe waste

11  or other approved disposal other than a direct connection to a

12  sanitary system. The scope of work for such contractor shall

13  also include any excavation work incidental thereto, but shall

14  not include any work such as liquefied petroleum gas fuel

15  lines within buildings, potable water lines or connections

16  thereto, sanitary sewer lines, swimming pool piping and

17  filters, or electrical power wiring.

18         (m)  "Plumbing contractor" means a contractor whose

19  contracting business consists of the execution of contracts

20  requiring the experience, financial means, knowledge, and

21  skill to install, maintain, repair, alter, extend, or, when

22  not prohibited by law, design plumbing.  A plumbing contractor

23  may install, maintain, repair, alter, extend, or, when not

24  prohibited by law, design the following without obtaining any

25  additional local regulatory license, certificate, or

26  registration:  sanitary drainage or storm drainage facilities;

27  venting systems; public or private water supply systems;

28  septic tanks; drainage and supply wells; swimming pool piping;

29  irrigation systems; or solar heating water systems and all

30  appurtenances, apparatus, or equipment used in connection

31  therewith, including boilers and pressure process piping and

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2304
    26-1507-04




 1  including the installation of water, natural gas, (excluding

 2  liquid petroleum gases), and storm and sanitary sewer lines;

 3  and water and sewer plants and substations.  The scope of work

 4  of the plumbing contractor also includes the design, when not

 5  prohibited by law, and installation, maintenance, repair,

 6  alteration, or extension of air-piping, vacuum line piping,

 7  oxygen line piping, nitrous oxide piping, and all related

 8  medical gas systems; fire line standpipes and fire sprinklers

 9  to the extent authorized by law; ink and chemical lines; fuel

10  oil and gasoline piping and tank and pump installation, except

11  bulk storage plants; and pneumatic control piping systems, all

12  in such a manner as to comply with all plans, specifications,

13  codes, laws, and regulations applicable.  The scope of work of

14  the plumbing contractor shall apply to private property and

15  public property, shall include any excavation work incidental

16  thereto, and shall include the work of the specialty plumbing

17  contractor.  Such contractor shall subcontract, with a

18  qualified contractor in the field concerned, all other work

19  incidental to the work but which is specified herein as being

20  the work of a trade other than that of a plumbing contractor.

21  Nothing in this definition shall be construed to limit the

22  scope of work of any specialty contractor certified pursuant

23  to s. 489.113(6).  Nothing in this definition shall be

24  construed to require certification or registration under this

25  part of any authorized employee of a public natural gas

26  utility or of a private natural gas utility regulated by the

27  Public Service Commission when disconnecting and reconnecting

28  water lines in the servicing or replacement of an existing

29  water heater.

30         Section 3.  This act shall take effect July 1, 2004.

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2304
    26-1507-04




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

 2                          SENATE SUMMARY

 3    Deletes prohibitions against certain contractors
      performing work on liquefied petroleum gas lines.
 4  

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  7

CODING: Words stricken are deletions; words underlined are additions.