Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 512 Ì343292*Î343292 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/07/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Hooper) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraphs (f) and (i) of subsection (3) of 6 section 489.105, Florida Statutes, are 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 and all buildings or residences. Contractors are subdivided into 22 two divisions, Division I, consisting of those contractors 23 defined in paragraphs (a)-(c), and Division II, consisting of 24 those contractors defined in paragraphs (d)-(q): 25 (f) “Class A air-conditioning contractor” means a 26 contractor whose services are unlimited in the execution of 27 contracts requiring the experience, knowledge, and skill to 28 install, maintain, repair, fabricate, alter, extend, or design, 29 if not prohibited by law, central air-conditioning, 30 refrigeration, heating, and ventilating systems, including duct 31 work in connection with a complete system if such duct work is 32 performed by the contractor as necessary to complete an air 33 distribution system, boiler and unfired pressure vessel systems, 34 and all appurtenances, apparatus, or equipment used in 35 connection therewith, and any duct cleaning and equipment 36 sanitizing that requires at least a partial disassembling of the 37 system; to install, maintain, repair, fabricate, alter, extend, 38 or design, if not prohibited by law, piping, insulation of 39 pipes, vessels and ducts, pressure and process piping, and 40 pneumatic control piping; to replace, disconnect, or reconnect 41 power wiring, breakers, or fuses on the load side of the 42 dedicated existing electrical circuit disconnect switch; to 43 replace, disconnect, or reconnect power wiring, breakers, or 44 fuses on the line side directly connected to the dedicated 45 existing electrical circuit disconnect switch and not the main 46 breaker; to replace, disconnect, or reconnect air-conditioning 47 disconnect switches and boxes; to install, disconnect, and 48 reconnect low voltage heating, ventilating, and air-conditioning 49 control wiring; and to install a condensate drain from an air 50 conditioning unit to an existing safe waste or other approved 51 disposal other than a direct connection to a sanitary system. 52 The scope of work for such contractor also includes any 53 excavation work incidental thereto, but does not include any 54 work such as liquefied petroleum or natural gas fuel lines 55 within buildings, except for disconnecting or reconnecting 56 changeouts of liquefied petroleum or natural gas appliances 57 within buildings; potable water lines or connections thereto; 58 sanitary sewer lines; swimming pool piping and filters; or 59 electrical power wiring. A Class A air-conditioning contractor 60 may test and evaluate central air-conditioning, refrigeration, 61 heating, and ventilating systems, including duct work; however, 62 a mandatory licensing requirement is not established for the 63 performance of these specific services. 64 (i) “Mechanical contractor” means a contractor whose 65 services are unlimited in the execution of contracts requiring 66 the experience, knowledge, and skill to install, maintain, 67 repair, fabricate, alter, extend, or design, if not prohibited 68 by law, central air-conditioning, refrigeration, heating, and 69 ventilating systems, including duct work in connection with a 70 complete system if such duct work is performed by the contractor 71 as necessary to complete an air-distribution system, boiler and 72 unfired pressure vessel systems, lift station equipment and 73 piping, and all appurtenances, apparatus, or equipment used in 74 connection therewith, and any duct cleaning and equipment 75 sanitizing that requires at least a partial disassembling of the 76 system; to install, maintain, repair, fabricate, alter, extend, 77 or design, if not prohibited by law, piping, insulation of 78 pipes, vessels and ducts, pressure and process piping, pneumatic 79 control piping, gasoline tanks and pump installations and piping 80 for same, standpipes, air piping, vacuum line piping, oxygen 81 lines, nitrous oxide piping, ink and chemical lines, fuel 82 transmission lines, liquefied petroleum gas lines within 83 buildings, and natural gas fuel lines within buildings; to 84 replace, disconnect, or reconnect power wiring, breakers, or 85 fuses on the load side of the dedicated existing electrical 86 circuit disconnect switch; to replace, disconnect, or reconnect 87 power wiring, breakers, or fuses on the line side directly 88 connected to the dedicated existing electrical circuit 89 disconnect switch and not the main breaker; to replace, 90 disconnect, or reconnect air-conditioning disconnect switches 91 and boxes; to install, disconnect, and reconnect low voltage 92 heating, ventilating, and air-conditioning control wiring; and 93 to install a condensate drain from an air-conditioning unit to 94 an existing safe waste or other approved disposal other than a 95 direct connection to a sanitary system. The scope of work for 96 such contractor also includes any excavation work incidental 97 thereto, but does not include any work such as potable water 98 lines or connections thereto, sanitary sewer lines, swimming 99 pool piping and filters, or electrical power wiring. A 100 mechanical contractor may test and evaluate central air 101 conditioning, refrigeration, heating, and ventilating systems, 102 including duct work; however, a mandatory licensing requirement 103 is not established for the performance of these specific 104 services. 105 Section 2. Subsection (2) of section 553.79, Florida 106 Statutes, is amended to read: 107 553.79 Permits; applications; issuance; inspections.— 108 (2)(a)1. Except as provided in subsection (8), an enforcing 109 agency may not issue any permit for construction, erection, 110 alteration, modification, repair, or demolition of any building 111 or structure until the local building code administrator or 112 inspector has reviewed the plans and specifications required by 113 the Florida Building Code, or local amendment thereto, for such 114 proposal and found the plans to be in compliance with the 115 Florida Building Code. If the local building code administrator 116 or inspector finds that the plans are not in compliance with the 117 Florida Building Code, the local building code administrator or 118 inspector shall identify the specific plan features that do not 119 comply with the applicable codes, identify the specific code 120 chapters and sections upon which the finding is based, and 121 provide this information to the local enforcing agency. If the 122 building code administrator, plans examiner, or inspector 123 requests another local enforcing agency employee or a person 124 contracted by the local enforcing agency to review the plans and 125 that employee or person identifies specific plan features that 126 do not comply with the applicable codes, the building code 127 administrator, plans examiner, or inspector must provide this 128 information to the local enforcing agency. The local enforcing 129 agency shall provide this information to the permit applicant. 130 2.In addition,An enforcing agency may not issue any 131 permit for construction, erection, alteration, modification, 132 repair, or demolition of any building until the appropriate 133 firesafety inspector certified pursuant to s. 633.216 has 134 reviewed the plans and specifications required by the Florida 135 Building Code, or local amendment thereto, for such proposal and 136 found that the plans comply with the Florida Fire Prevention 137 Code and the Life Safety Code. Any building or structure which 138 is not subject to a firesafety code shall not be required to 139 have its plans reviewed by the firesafety inspector. 140 3. Any building or structure that is exempt from the local 141 building permit process may not be required to have its plans 142 reviewed by the local building code administrator. Industrial 143 construction on sites where design, construction, and firesafety 144 are supervised by appropriate design and inspection 145 professionals and which contain adequate in-house fire 146 departments and rescue squads is exempt, subject to local 147 government option, from review of plans and inspections, 148 providing owners certify that applicable codes and standards 149 have been met and supply appropriate approved drawings to local 150 building and firesafety inspectors. 151 4. The enforcing agency shall issue a permit to construct, 152 erect, alter, modify, repair, or demolish any building or 153 structure when the plans and specifications for such proposal 154 comply with the Florida Building Code and the Florida Fire 155 Prevention Code and the Life Safety Code as determined by the 156 local authority in accordance with this chapter and chapter 633. 157 (b) After the local enforcing agency issues a permit, the 158 local enforcing agency may not make or require any substantive 159 changes to the plans or specifications except changes required 160 for compliance with the Florida Building Code, the Florida Fire 161 Prevention Code, or the Life Safety Code, or local amendments 162 thereto. If a local enforcing agency makes or requires 163 substantive changes to the plans or specifications after a 164 permit is issued, the local enforcing agency must identify the 165 specific plan features that do not comply with the applicable 166 codes, identify the specific code chapters and sections upon 167 which the finding is based, and provide the information to the 168 permitholder in writing. 169 (c)1. A plans examiner or inspector who fails to provide 170 the building code administrator with the reasons for making or 171 requiring substantive changes to the plans or specifications is 172 subject to disciplinary action against his or her certificate 173 under s. 468.621(1)(i). 174 2. A building code administrator who fails to provide a 175 permit applicant or permitholder with the reasons for making or 176 requiring substantive changes to the plans or specifications is 177 subject to disciplinary action against his or her certificate 178 under s. 468.621(1)(i). 179 Section 3. Subsection (2) of section 633.208, Florida 180 Statutes, is amended to read: 181 633.208 Minimum firesafety standards.— 182 (2)(a) Pursuant to subsection (1), each municipality, 183 county, and special district with firesafety responsibilities 184 shall enforce the Florida Fire Prevention Code as the minimum 185 firesafety code required by this section. 186 (b) If a municipality, county, or special district 187 determines that the building plans for a building permit 188 application do not comply with the Florida Fire Prevention Code 189 or the Life Safety Code, or local amendments thereto, the local 190 fire official must identify the specific plan features that do 191 not comply with the applicable codes, identify the specific code 192 chapters and sections upon which the determination is based, and 193 provide this information to the permit applicant. 194 (c) After a municipality, county, or special district 195 issues a building permit, it may not make or require any 196 substantive changes to the building plans except those required 197 for compliance with the Florida Fire Prevention Code or the Life 198 Safety Code, or local amendments thereto. If a municipality, 199 county, or special district makes or requires substantive 200 changes to building plans after a permit is issued, the local 201 fire official must identify the specific plan features that do 202 not comply with the Florida Fire Prevention Code or the Life 203 Safety Code, or local amendments thereto, identify the specific 204 code chapters and sections upon which the finding is based, and 205 provide this information to the permitholder. 206 (d) A local fire official, who is also a certified 207 firesafety inspector, who fails to comply with paragraph (b) or 208 paragraph (c) is subject to disciplinary action against his or 209 her certificate under s. 633.216(5)(f). 210 Section 4. This act shall take effect July 1, 2023. 211 212 ================= T I T L E A M E N D M E N T ================ 213 And the title is amended as follows: 214 Delete everything before the enacting clause 215 and insert: 216 A bill to be entitled 217 An act relating to building construction; amending s. 218 489.105, F.S.; revising definitions; amending s. 219 553.79, F.S.; requiring local building code 220 administrators, plans examiners, or inspectors to 221 provide certain information to the local enforcing 222 agency under certain circumstances; prohibiting local 223 enforcing agencies from making or requiring 224 substantive changes to plans or specifications after a 225 permit has been issued; providing exceptions; 226 requiring local enforcing agencies that require 227 substantive changes to plans or specifications after a 228 permit has been issued to provide certain information 229 to the permitholder in writing; providing that a plans 230 examiner, inspector, or building code administrator is 231 subject to disciplinary action under certain 232 circumstances; amending s. 633.208, F.S.; requiring 233 local fire officials to provide certain information to 234 a permit applicant if building plans do not comply 235 with the Florida Fire Prevention Code or the Life 236 Safety Code; prohibiting a municipality, county, or 237 special district from making or requiring substantive 238 changes to building plans after a permit has been 239 issued; providing exceptions; requiring a local fire 240 official to provide certain information to the 241 permitholder if a municipality, county, or special 242 district requires substantive changes to building 243 plans after a permit is issued; providing that a local 244 fire official who is a certified firesafety inspector 245 is subject to disciplinary action under certain 246 circumstances; providing an effective date.