Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 1252 Barcode 438124 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/11/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Detert) recommended the following: 1 Senate Amendment 2 3 Delete lines 204 - 268 4 and insert: 5 Section 3. Subsection (3) of section 489.105, Florida 6 Statutes, is amended to read: 7 489.105 Definitions.—As used in this part: 8 (3) “Contractor” means the person who is qualified for, and 9 is only responsible for, the project contracted for and means, 10 except as exempted in this part, the person who, for 11 compensation, undertakes to, submits a bid to, or does himself 12 or herself or by others construct, repair, alter, remodel, add 13 to, demolish, subtract from, or improve any building or 14 structure, including related improvements to real estate, for 15 others or for resale to others; and whose job scope is 16 substantially similar to the job scope described in one of the 17 paragraphs of this subsection. For the purposes of regulation 18 under this part, the term “demolish” applies only to demolition 19 of steel tanks more than 50 feet in height; towers more than 50 20 feet in height; other structures more than 50 feet in height, 21 other than buildings or residences more than three stories tall; 22 andallbuildings or residences more than three stories tall. 23 Contractors are subdivided into two divisions, Division I, 24 consisting of those contractors defined in paragraphs (a)-(c), 25 and Division II, consisting of those contractors defined in 26 paragraphs (d)-(q): 27 (a) “General contractor” means a contractor whose services 28 are unlimited as to the type of work which he or she may do, who 29 may contract for any activity requiring licensure under this 30 part, and who may perform any work requiring licensure under 31 this part, except as otherwise expressly provided in s. 489.113. 32 (b) “Building contractor” means a contractor whose services 33 are limited to construction of commercial buildings and single 34 dwelling or multiple-dwelling residential buildings, which do 35 not exceed three stories in height, and accessory use structures 36 in connection therewith or a contractor whose services are 37 limited to remodeling, repair, or improvement of any size 38 building if the services do not affect the structural members of 39 the building. 40 (c) “Residential contractor” means a contractor whose 41 services are limited to construction, remodeling, repair, or 42 improvement of one-family, two-family, or three-family 43 residences not exceeding two habitable stories above no more 44 than one uninhabitable story and accessory use structures in 45 connection therewith. 46 (d) “Sheet metal contractor” means a contractor whose 47 services are unlimited in the sheet metal trade and who has the 48 experience, knowledge, and skill necessary for the manufacture, 49 fabrication, assembling, handling, erection, installation, 50 dismantling, conditioning, adjustment, insulation, alteration, 51 repair, servicing, or design, if not prohibited by law, of 52 ferrous or nonferrous metal work of U.S. No. 10 gauge or its 53 equivalent or lighter gauge and of other materials, including, 54 but not limited to, fiberglass, used in lieu thereof and of air 55 handling systems, including the setting of air-handling 56 equipment and reinforcement of same, the balancing of air 57 handling systems, and any duct cleaning and equipment sanitizing 58 that requires at least a partial disassembling of the system. 59 (e) “Roofing contractor” means a contractor whose services 60 are unlimited in the roofing trade and who has the experience, 61 knowledge, and skill to install, maintain, repair, alter, 62 extend, or design, if not prohibited by law, and use materials 63 and items used in the installation, maintenance, extension, and 64 alteration of all kinds of roofing, waterproofing, and coating, 65 except when coating is not represented to protect, repair, 66 waterproof, stop leaks, or extend the life of the roof. The 67 scope of work of a roofing contractor also includes skylights 68 and any related work, required roof-deck attachments, and any 69 repair or replacement of wood roof sheathing or fascia as needed 70 during roof repair or replacement and any related work. 71 (f) “Class A air-conditioning contractor” means a 72 contractor whose services are unlimited in the execution of 73 contracts requiring the experience, knowledge, and skill to 74 install, maintain, repair, fabricate, alter, extend, or design, 75 if not prohibited by law, central air-conditioning, 76 refrigeration, heating, and ventilating systems, including duct 77 work in connection with a complete system if such duct work is 78 performed by the contractor as necessary to complete an air 79 distribution system, boiler and unfired pressure vessel systems, 80 and all appurtenances, apparatus, or equipment used in 81 connection therewith, and any duct cleaning and equipment 82 sanitizing that requires at least a partial disassembling of the 83 system; to install, maintain, repair, fabricate, alter, extend, 84 or design, if not prohibited by law, piping, insulation of 85 pipes, vessels and ducts, pressure and process piping, and 86 pneumatic control piping; to replace, disconnect, or reconnect 87 power wiring on the load side of the dedicated existing 88 electrical disconnect switch; to install, disconnect, and 89 reconnect low voltage heating, ventilating, and air-conditioning 90 control wiring; and to install a condensate drain from an air 91 conditioning unit to an existing safe waste or other approved 92 disposal other than a direct connection to a sanitary system. 93 The scope of work for such contractor also includes any 94 excavation work incidental thereto, but does not include any 95 work such as liquefied petroleum or natural gas fuel lines 96 within buildings, except for disconnecting or reconnecting 97 changeouts of liquefied petroleum or natural gas appliances 98 within buildings; potable water lines or connections thereto; 99 sanitary sewer lines; swimming pool piping and filters; or 100 electrical power wiring. A Class A air-conditioning contractor 101 may test and evaluate central air-conditioning, refrigeration, 102 heating, and ventilating systems, including duct work; however, 103 a mandatory licensing requirement is not established for the 104 performance of these specific services. 105 (g) “Class B air-conditioning contractor” means a 106 contractor whose services are limited to 25 tons of cooling and 107 500,000 Btu of heating in any one system in the execution of 108 contracts requiring the experience, knowledge, and skill to 109 install, maintain, repair, fabricate, alter, extend, or design, 110 if not prohibited by law, central air-conditioning, 111 refrigeration, heating, and ventilating systems, including duct 112 work in connection with a complete system only to the extent 113 such duct work is performed by the contractor as necessary to 114 complete an air-distribution system being installed under this 115 classification, and any duct cleaning and equipment sanitizing 116 that requires at least a partial disassembling of the system; to 117 install, maintain, repair, fabricate, alter, extend, or design, 118 if not prohibited by law, piping and insulation of pipes, 119 vessels, and ducts; to replace, disconnect, or reconnect power 120 wiring on the load side of the dedicated existing electrical 121 disconnect switch; to install, disconnect, and reconnect low 122 voltage heating, ventilating, and air-conditioning control 123 wiring; and to install a condensate drain from an air 124 conditioning unit to an existing safe waste or other approved 125 disposal other than a direct connection to a sanitary system. 126 The scope of work for such contractor also includes any 127 excavation work incidental thereto, but does not include any 128 work such as liquefied petroleum or natural gas fuel lines 129 within buildings, except for disconnecting or reconnecting 130 changeouts of liquefied petroleum or natural gas appliances 131 within buildings; potable water lines or connections thereto; 132 sanitary sewer lines; swimming pool piping and filters; or 133 electrical power wiring. A Class B air-conditioning contractor 134 may test and evaluate central air-conditioning, refrigeration, 135 heating, and ventilating systems, including duct work; however, 136 a mandatory licensing requirement is not established for the 137 performance of these specific services. 138 (h) “Class C air-conditioning contractor” means a 139 contractor whose business is limited to the servicing of air 140 conditioning, heating, or refrigeration systems, including any 141 duct cleaning and equipment sanitizing that requires at least a 142 partial disassembling of the system, and whose certification or 143 registration, issued pursuant to this part, was valid on October 144 1, 1988. Only a person who was registered or certified as a 145 Class C air-conditioning contractor as of October 1, 1988, shall 146 be so registered or certified after October 1, 1988. However, 147 the board shall continue to license and regulate those Class C 148 air-conditioning contractors who held Class C licenses before 149 October 1, 1988. 150 (i) “Mechanical contractor” means a contractor whose 151 services are unlimited in the execution of contracts requiring 152 the experience, knowledge, and skill to install, maintain, 153 repair, fabricate, alter, extend, or design, if not prohibited 154 by law, central air-conditioning, refrigeration, heating, and 155 ventilating systems, including duct work in connection with a 156 complete system if such duct work is performed by the contractor 157 as necessary to complete an air-distribution system, boiler and 158 unfired pressure vessel systems, lift station equipment and 159 piping, and all appurtenances, apparatus, or equipment used in 160 connection therewith, and any duct cleaning and equipment 161 sanitizing that requires at least a partial disassembling of the 162 system; to install, maintain, repair, fabricate, alter, extend, 163 or design, if not prohibited by law, piping, insulation of 164 pipes, vessels and ducts, pressure and process piping, pneumatic 165 control piping, gasoline tanks and pump installations and piping 166 for same, standpipes, air piping, vacuum line piping, oxygen 167 lines, nitrous oxide piping, ink and chemical lines, fuel 168 transmission lines, liquefied petroleum gas lines within 169 buildings, and natural gas fuel lines within buildings; to 170 replace, disconnect, or reconnect power wiring on the load side 171 of the dedicated existing electrical disconnect switch; to 172 install, disconnect, and reconnect low voltage heating, 173 ventilating, and air-conditioning control wiring; and to install 174 a condensate drain from an air-conditioning unit to an existing 175 safe waste or other approved disposal other than a direct 176 connection to a sanitary system. The scope of work for such 177 contractor also includes any excavation work incidental thereto, 178 but does not include any work such as potable water lines or 179 connections thereto, sanitary sewer lines, swimming pool piping 180 and filters, or electrical power wiring. A mechanical contractor 181 may test and evaluate central air-conditioning, refrigeration, 182 heating, and ventilating systems, including duct work; however, 183 a mandatory licensing requirement is not established for the 184 performance of these specific services. 185 (j) “Commercial pool/spa contractor” means a contractor 186 whose scope of work involves, but is not limited to, the 187 construction, repair, and servicing of any swimming pool, or hot 188 tub or spa, whether public, private, or otherwise, regardless of 189 use. The scope of work includes the installation, repair, or 190 replacement of existing equipment, any cleaning or equipment 191 sanitizing that requires at least a partial disassembling, 192 excluding filter changes, and the installation of new pool/spa 193 equipment, interior finishes, the installation of package pool 194 heaters, the installation of all perimeter piping and filter 195 piping, and the construction of equipment rooms or housing for 196 pool/spa equipment, and also includes the scope of work of a 197 swimming pool/spa servicing contractor. The scope of such work 198 does not include direct connections to a sanitary sewer system 199 or to potable water lines. The installation, construction, 200 modification, or replacement of equipment permanently attached 201 to and associated with the pool or spa for the purpose of water 202 treatment or cleaning of the pool or spa requires licensure; 203 however, the usage of such equipment for the purposes of water 204 treatment or cleaning does not require licensure unless the 205 usage involves construction, modification, or replacement of 206 such equipment. Water treatment that does not require such 207 equipment does not require a license. In addition, a license is 208 not required for the cleaning of the pool or spa in a way that 209 does not affect the structural integrity of the pool or spa or 210 its associated equipment. 211 (k) “Residential pool/spa contractor” means a contractor 212 whose scope of work involves, but is not limited to, the 213 construction, repair, and servicing of a residential swimming 214 pool, or hot tub or spa, regardless of use. The scope of work 215 includes the installation, repair, or replacement of existing 216 equipment, any cleaning or equipment sanitizing that requires at 217 least a partial disassembling, excluding filter changes, and the 218 installation of new pool/spa equipment, interior finishes, the 219 installation of package pool heaters, the installation of all 220 perimeter piping and filter piping, and the construction of 221 equipment rooms or housing for pool/spa equipment, and also 222 includes the scope of work of a swimming pool/spa servicing 223 contractor. The scope of such work does not include direct 224 connections to a sanitary sewer system or to potable water 225 lines. The installation, construction, modification, or 226 replacement of equipment permanently attached to and associated 227 with the pool or spa for the purpose of water treatment or 228 cleaning of the pool or spa requires licensure; however, the 229 usage of such equipment for the purposes of water treatment or 230 cleaning does not require licensure unless the usage involves 231 construction, modification, or replacement of such equipment. 232 Water treatment that does not require such equipment does not 233 require a license. In addition, a license is not required for 234 the cleaning of the pool or spa in a way that does not affect 235 the structural integrity of the pool or spa or its associated 236 equipment. 237 (l) “Swimming pool/spa servicing contractor” means a 238 contractor whose scope of work involves, but is not limited to, 239 the repair and servicing of a swimming pool, or hot tub or spa, 240 whether public or private, or otherwise, regardless of use. The 241 scope of work includes the repair or replacement of existing 242 equipment, any cleaning or equipment sanitizing that requires at 243 least a partial disassembling, excluding filter changes, and the 244 installation of new pool/spa equipment, interior refinishing, 245 the reinstallation or addition of pool heaters, the repair or 246 replacement of all perimeter piping and filter piping, the 247 repair of equipment rooms or housing for pool/spa equipment, and 248 the substantial or complete draining of a swimming pool, or hot 249 tub or spa, for the purpose of repair or renovation. The scope 250 of such work does not include direct connections to a sanitary 251 sewer system or to potable water lines. The installation, 252 construction, modification, substantial or complete disassembly, 253 or replacement of equipment permanently attached to and 254 associated with the pool or spa for the purpose of water 255 treatment or cleaning of the pool or spa requires licensure; 256 however, the usage of such equipment for the purposes of water 257 treatment or cleaning does not require licensure unless the 258 usage involves construction, modification, substantial or 259 complete disassembly, or replacement of such equipment. Water 260 treatment that does not require such equipment does not require 261 a license. In addition, a license is not required for the 262 cleaning of the pool or spa in a way that does not affect the 263 structural integrity of the pool or spa or its associated 264 equipment. 265 (m) “Plumbing contractor” means a contractor whose services 266 are unlimited in the plumbing trade and includes contracting 267 business consisting of the execution of contracts requiring the 268 experience, financial means, knowledge, and skill to install, 269 maintain, repair, alter, extend, or, if not prohibited by law, 270 design plumbing. A plumbing contractor may install, maintain, 271 repair, alter, extend, or, if not prohibited by law, design the 272 following without obtaining an additional local regulatory 273 license, certificate, or registration: sanitary drainage or 274 storm drainage facilities, water and sewer plants and 275 substations, venting systems, public or private water supply 276 systems, septic tanks, drainage and supply wells, swimming pool 277 piping, irrigation systems, and solar heating water systems and 278 all appurtenances, apparatus, or equipment used in connection 279 therewith, including boilers and pressure process piping and 280 including the installation of water, natural gas, liquefied 281 petroleum gas and related venting, and storm and sanitary sewer 282 lines. The scope of work of the plumbing contractor also 283 includes the design, if not prohibited by law, and installation, 284 maintenance, repair, alteration, or extension of air-piping, 285 vacuum line piping, oxygen line piping, nitrous oxide piping, 286 and all related medical gas systems; fire line standpipes and 287 fire sprinklers if authorized by law; ink and chemical lines; 288 fuel oil and gasoline piping and tank and pump installation, 289 except bulk storage plants; and pneumatic control piping 290 systems, all in a manner that complies with all plans, 291 specifications, codes, laws, and regulations applicable. The 292 scope of work of the plumbing contractor applies to private 293 property and public property, including any excavation work 294 incidental thereto, and includes the work of the specialty 295 plumbing contractor. Such contractor shall subcontract, with a 296 qualified contractor in the field concerned, all other work 297 incidental to the work but which is specified as being the work 298 of a trade other than that of a plumbing contractor. This 299 definition does not limit the scope of work of any specialty 300 contractor certified pursuant to s. 489.113(6), and does not 301 require certification or registration under this part of a 302 person licensed under chapter 527 or any authorized employee of 303 a public natural gas utility or of a private natural gas utility 304 regulated by the Public Service Commission when disconnecting 305 and reconnecting water lines in the servicing or replacement of 306 an existing water heater. A plumbing contractor may perform 307 drain cleaning and clearing and install or repair rainwater 308 catchment systems; however, a mandatory licensing requirement is 309 not established for the performance of these specific services. 310 (n) “Underground utility and excavation contractor” means a 311 contractor whose services are limited to the construction, 312 installation, and repair, on public or private property, whether 313 accomplished through open excavations or through other means, 314 including, but not limited to, directional drilling, auger 315 boring, jacking and boring, trenchless technologies, wet and dry 316 taps, grouting, and slip lining, of main sanitary sewer 317 collection systems, main water distribution systems, storm sewer 318 collection systems, and the continuation of utility lines from 319 the main systems to a point of termination up to and including 320 the meter location for the individual occupancy, sewer 321 collection systems at property line on residential or single 322 occupancy commercial properties, or on multioccupancy properties 323 at manhole or wye lateral extended to an invert elevation as 324 engineered to accommodate future building sewers, water 325 distribution systems, or storm sewer collection systems at storm 326 sewer structures. However, an underground utility and excavation 327 contractor may install empty underground conduits in rights-of 328 way, easements, platted rights-of-way in new site development, 329 and sleeves for parking lot crossings no smaller than 2 inches 330 in diameter if each conduit system installed is designed by a 331 licensed professional engineer or an authorized employee of a 332 municipality, county, or public utility and the installation of 333 such conduit does not include installation of any conductor 334 wiring or connection to an energized electrical system. An 335 underground utility and excavation contractor may not install 336 piping that is an integral part of a fire protection system as 337 defined in s. 633.021 beginning at the point where the piping is 338 used exclusively for such system. 339 (o) “Solar contractor” means a contractor whose services 340 consist of the installation, alteration, repair, maintenance, 341 relocation, or replacement of solar panels for potable solar 342 water heating systems, swimming pool solar heating systems, and 343 photovoltaic systems and any appurtenances, apparatus, or 344 equipment used in connection therewith, whether public, private, 345 or otherwise, regardless of use. A contractor, certified or 346 registered pursuant to this chapter, is not required to become a 347 certified or registered solar contractor or to contract with a 348 solar contractor in order to provide services enumerated in this 349 paragraph that are within the scope of the services such 350 contractors may render under this part. 351 (p) “Pollutant storage systems contractor” means a 352 contractor whose services are limited to, and who has the 353 experience, knowledge, and skill to install, maintain, repair, 354 alter, extend, or design, if not prohibited by law, and use 355 materials and items used in the installation, maintenance, 356 extension, and alteration of, pollutant storage tanks. Any 357 person installing a pollutant storage tank shall perform such 358 installation in accordance with the standards adopted pursuant 359 to s. 376.303. 360 (q) “Specialty contractor” means a contractor whose scope 361 of work and responsibility is limited to a particular phase of 362 construction established in a category adopted by board rule and 363 whose scope is limited to a subset of the activities described 364 in one of the paragraphs of this subsection.