Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 512
       
       
       
       
       
       
                                Ì343292*Î343292                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2023           .                                
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       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.