Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1698 Barcode 277802 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/28/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Latvala) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 86 and 87 4 insert: 5 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the 6 term: 7 (b) “Bedroom” means a room that can be used for sleeping 8 which, for site-built dwellings, has a minimum 70 square feet of 9 conditioned space, or, for manufactured homes constructed to HUD 10 standards, has a minimum square footage of 50 square feet of 11 floor area and is located along an exterior wall, has a closet 12 and a door or an entrance where a door could be reasonably 13 installed, and an emergency means of escape and rescue opening 14 to the outside. A room may not be considered a bedroom if it is 15 used to access another room, unless the room that is accessed is 16 a bathroom or closet and does not include a hallway, bathroom, 17 kitchen, living room, family room, dining room, den, breakfast 18 nook, pantry, laundry room, sunroom, recreation room, 19 media/video room, or exercise room. For the purpose of 20 determining system capacity, occupancy is calculated at a 21 maximum of two persons per bedroom. 22 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not 23 construct, repair, modify, abandon, or operate an onsite sewage 24 treatment and disposal system without first obtaining a permit 25 approved by the department. The department may issue permits to 26 carry out this section, but shall not make the issuance of such 27 permits contingent upon prior approval by the Department of 28 Environmental Protection, except that the issuance of a permit 29 for work seaward of the coastal construction control line 30 established under s. 161.053 shall be contingent upon receipt of 31 any required coastal construction control line permit from the 32 Department of Environmental Protection. A construction permit is 33 valid for 18 months from the issuance date and may be extended 34 by the department for one 90-day period under rules adopted by 35 the department. A repair permit is valid for 90 days from the 36 date of issuance. An operating permit must be obtained prior to 37 the use of any aerobic treatment unit or if the establishment 38 generates commercial waste. Buildings or establishments that use 39 an aerobic treatment unit or generate commercial waste shall be 40 inspected by the department at least annually to assure 41 compliance with the terms of the operating permit. The operating 42 permit for a commercial wastewater system is valid for 1 year 43 from the date of issuance and must be renewed annually. The 44 operating permit for an aerobic treatment unit is valid for 2 45 years from the date of issuance and must be renewed every 2 46 years. If all information pertaining to the siting, location, 47 and installation conditions or repair of an onsite sewage 48 treatment and disposal system remains the same, a construction 49 or repair permit for the onsite sewage treatment and disposal 50 system may be transferred to another person, if the transferee 51 files, within 60 days after the transfer of ownership, an 52 amended application providing all corrected information and 53 proof of ownership of the property. There is no fee associated 54 with the processing of this supplemental information. A person 55 may not contract to construct, modify, alter, repair, service, 56 abandon, or maintain any portion of an onsite sewage treatment 57 and disposal system without being registered under part III of 58 chapter 489. A property owner who personally performs 59 construction, maintenance, or repairs to a system serving his or 60 her own owner-occupied single-family residence is exempt from 61 registration requirements for performing such construction, 62 maintenance, or repairs on that residence, but is subject to all 63 permitting requirements. A municipality or political subdivision 64 of the state may not issue a building or plumbing permit for any 65 building that requires the use of an onsite sewage treatment and 66 disposal system unless the owner or builder has received a 67 construction permit for such system from the department. A 68 building or structure may not be occupied and a municipality, 69 political subdivision, or any state or federal agency may not 70 authorize occupancy until the department approves the final 71 installation of the onsite sewage treatment and disposal system. 72 A municipality or political subdivision of the state may not 73 approve any change in occupancy or tenancy of a building that 74 uses an onsite sewage treatment and disposal system until the 75 department has reviewed the use of the system with the proposed 76 change, approved the change, and amended the operating permit. 77 (w) Any permit issued and approved by the department for 78 the installation, modification, or repair of an onsite sewage 79 treatment and disposal system shall transfer with the title to 80 the property. A title is not encumbered at the time of transfer 81 by new permit requirements by a governmental entity for an 82 onsite sewage treatment and disposal system which differ from 83 the permitting requirements in effect at the time the system was 84 permitted, modified, or repaired. 85 (x) An onsite sewage treatment and disposal system is not 86 considered abandoned if the properly functioning onsite sewage 87 treatment and disposal system is disconnected from a structure 88 that was made unusable or destroyed following a disaster and the 89 system was not adversely affected by the disaster. The onsite 90 system may be reconnected to a rebuilt structure if: 91 1. The reconnection of the onsite sewage treatment and 92 disposal system is to the same type and approximate size of 93 rebuilt structure that existed prior to the disaster; 94 2. The onsite sewage treatment and disposal system is not a 95 sanitary nuisance; and 96 3. The onsite sewage treatment and disposal system has not 97 been altered without prior authorization. 98 99 An onsite sewage treatment and disposal system that serves a 100 property that is foreclosed upon is not an abandoned system. 101 (y) If an onsite sewage treatment and disposal system 102 permittee receives, relies upon, and undertakes construction of 103 a system based upon a validly issued construction permit under 104 rules applicable at the time of construction, but a change to a 105 rule occurs after the approval of the system for construction 106 but before the final approval of the system, the rules 107 applicable and in effect at the time of construction approval 108 apply at the time of final approval if fundamental site 109 conditions have not changed between the time of construction 110 approval and final approval. 111 (z) A modification, replacement, or upgrade of an onsite 112 sewage treatment and disposal system is not required for a 113 remodeling addition to a single-family home if a bedroom is not 114 added. 115 116 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 117 And the directory clause is amended as follows: 118 Delete lines 64 - 66 119 and insert: 120 Section 1. Subsection (1), (5), (6), and (7) of s. 121 381.0065, Florida Statues, as amended by chapter 2010-283, Laws 122 of Florida, are amended, present paragraphs (b) through (p) of 123 subsection (2) of that section are redesignated as paragraphs 124 (c) through (q), respectively, a new paragraph (b) is added to 125 subsection (2), and paragraphs (w), (x), (y), and (z) are added 126 to subsection (4) of that section, to read: 127 128 ================= T I T L E A M E N D M E N T ================ 129 And the title is amended as follows: 130 Delete line 4 131 and insert: 132 legislative intent; defining the term “bedroom”; 133 providing for any permit issued and approved by the 134 Department of Health for the installation, 135 modification, or repair of an onsite sewage treatment 136 and disposal system to transfer with the title of the 137 property; providing circumstances in which an onsite 138 sewage treatment and disposal system is not considered 139 abandoned; providing for the validity of an onsite 140 sewage treatment and disposal system permit if rules 141 change before final approval of the constructed 142 system; providing that a system modification, 143 replacement, or upgrade is not required unless a 144 bedroom is added to a single-family home; deleting 145 provisions requiring the