Florida Senate - 2023 CS for SB 512 By the Committee on Community Affairs; and Senator Hooper 578-03552-23 2023512c1 1 A bill to be entitled 2 An act relating to building construction; amending s. 3 489.105, F.S.; revising definitions; amending s. 4 553.79, F.S.; requiring local building code 5 administrators, plans examiners, or inspectors to 6 provide certain information to the local enforcing 7 agency under certain circumstances; prohibiting local 8 enforcing agencies from making or requiring 9 substantive changes to plans or specifications after a 10 permit has been issued; providing exceptions; 11 requiring local enforcing agencies that require 12 substantive changes to plans or specifications after a 13 permit has been issued to provide certain information 14 to the permitholder in writing; providing that a plans 15 examiner, inspector, or building code administrator is 16 subject to disciplinary action under certain 17 circumstances; amending s. 633.208, F.S.; requiring 18 local fire officials to provide certain information to 19 a permit applicant if building plans do not comply 20 with the Florida Fire Prevention Code or the Life 21 Safety Code; prohibiting a municipality, county, or 22 special district from making or requiring substantive 23 changes to building plans after a permit has been 24 issued; providing exceptions; requiring a local fire 25 official to provide certain information to the 26 permitholder if a municipality, county, or special 27 district requires substantive changes to building 28 plans after a permit is issued; providing that a local 29 fire official who is a certified firesafety inspector 30 is subject to disciplinary action under certain 31 circumstances; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Paragraphs (f) and (i) of subsection (3) of 36 section 489.105, Florida Statutes, are amended to read: 37 489.105 Definitions.—As used in this part: 38 (3) “Contractor” means the person who is qualified for, and 39 is only responsible for, the project contracted for and means, 40 except as exempted in this part, the person who, for 41 compensation, undertakes to, submits a bid to, or does himself 42 or herself or by others construct, repair, alter, remodel, add 43 to, demolish, subtract from, or improve any building or 44 structure, including related improvements to real estate, for 45 others or for resale to others; and whose job scope is 46 substantially similar to the job scope described in one of the 47 paragraphs of this subsection. For the purposes of regulation 48 under this part, the term “demolish” applies only to demolition 49 of steel tanks more than 50 feet in height; towers more than 50 50 feet in height; other structures more than 50 feet in height; 51 and all buildings or residences. Contractors are subdivided into 52 two divisions, Division I, consisting of those contractors 53 defined in paragraphs (a)-(c), and Division II, consisting of 54 those contractors defined in paragraphs (d)-(q): 55 (f) “Class A air-conditioning contractor” means a 56 contractor whose services are unlimited in the execution of 57 contracts requiring the experience, knowledge, and skill to 58 install, maintain, repair, fabricate, alter, extend, or design, 59 if not prohibited by law, central air-conditioning, 60 refrigeration, heating, and ventilating systems, including duct 61 work in connection with a complete system if such duct work is 62 performed by the contractor as necessary to complete an air 63 distribution system, boiler and unfired pressure vessel systems, 64 and all appurtenances, apparatus, or equipment used in 65 connection therewith, and any duct cleaning and equipment 66 sanitizing that requires at least a partial disassembling of the 67 system; to install, maintain, repair, fabricate, alter, extend, 68 or design, if not prohibited by law, piping, insulation of 69 pipes, vessels and ducts, pressure and process piping, and 70 pneumatic control piping; to replace, disconnect, or reconnect 71 power wiring, breakers, or fuses on the load side of the 72 dedicated existing electrical circuit disconnect switch; to 73 replace, disconnect, or reconnect power wiring, breakers, or 74 fuses on the line side directly connected to the dedicated 75 existing electrical circuit disconnect switch and not the main 76 breaker; to replace, disconnect, or reconnect air-conditioning 77 disconnect switches and boxes; to install, disconnect, and 78 reconnect low voltage heating, ventilating, and air-conditioning 79 control wiring; and to install a condensate drain from an air 80 conditioning unit to an existing safe waste or other approved 81 disposal other than a direct connection to a sanitary system. 82 The scope of work for such contractor also includes any 83 excavation work incidental thereto, but does not include any 84 work such as liquefied petroleum or natural gas fuel lines 85 within buildings, except for disconnecting or reconnecting 86 changeouts of liquefied petroleum or natural gas appliances 87 within buildings; potable water lines or connections thereto; 88 sanitary sewer lines; swimming pool piping and filters; or 89 electrical power wiring. A Class A air-conditioning contractor 90 may test and evaluate central air-conditioning, refrigeration, 91 heating, and ventilating systems, including duct work; however, 92 a mandatory licensing requirement is not established for the 93 performance of these specific services. 94 (i) “Mechanical contractor” means a contractor whose 95 services are unlimited in the execution of contracts requiring 96 the experience, knowledge, and skill to install, maintain, 97 repair, fabricate, alter, extend, or design, if not prohibited 98 by law, central air-conditioning, refrigeration, heating, and 99 ventilating systems, including duct work in connection with a 100 complete system if such duct work is performed by the contractor 101 as necessary to complete an air-distribution system, boiler and 102 unfired pressure vessel systems, lift station equipment and 103 piping, and all appurtenances, apparatus, or equipment used in 104 connection therewith, and any duct cleaning and equipment 105 sanitizing that requires at least a partial disassembling of the 106 system; to install, maintain, repair, fabricate, alter, extend, 107 or design, if not prohibited by law, piping, insulation of 108 pipes, vessels and ducts, pressure and process piping, pneumatic 109 control piping, gasoline tanks and pump installations and piping 110 for same, standpipes, air piping, vacuum line piping, oxygen 111 lines, nitrous oxide piping, ink and chemical lines, fuel 112 transmission lines, liquefied petroleum gas lines within 113 buildings, and natural gas fuel lines within buildings; to 114 replace, disconnect, or reconnect power wiring, breakers, or 115 fuses on the load side of the dedicated existing electrical 116 circuit disconnect switch; to replace, disconnect, or reconnect 117 power wiring, breakers, or fuses on the line side directly 118 connected to the dedicated existing electrical circuit 119 disconnect switch and not the main breaker; to replace, 120 disconnect, or reconnect air-conditioning disconnect switches 121 and boxes; to install, disconnect, and reconnect low voltage 122 heating, ventilating, and air-conditioning control wiring; and 123 to install a condensate drain from an air-conditioning unit to 124 an existing safe waste or other approved disposal other than a 125 direct connection to a sanitary system. The scope of work for 126 such contractor also includes any excavation work incidental 127 thereto, but does not include any work such as potable water 128 lines or connections thereto, sanitary sewer lines, swimming 129 pool piping and filters, or electrical power wiring. A 130 mechanical contractor may test and evaluate central air 131 conditioning, refrigeration, heating, and ventilating systems, 132 including duct work; however, a mandatory licensing requirement 133 is not established for the performance of these specific 134 services. 135 Section 2. Subsection (2) of section 553.79, Florida 136 Statutes, is amended to read: 137 553.79 Permits; applications; issuance; inspections.— 138 (2)(a)1. Except as provided in subsection (8), an enforcing 139 agency may not issue any permit for construction, erection, 140 alteration, modification, repair, or demolition of any building 141 or structure until the local building code administrator or 142 inspector has reviewed the plans and specifications required by 143 the Florida Building Code, or local amendment thereto, for such 144 proposal and found the plans to be in compliance with the 145 Florida Building Code. If the local building code administrator 146 or inspector finds that the plans are not in compliance with the 147 Florida Building Code, the local building code administrator or 148 inspector shall identify the specific plan features that do not 149 comply with the applicable codes, identify the specific code 150 chapters and sections upon which the finding is based, and 151 provide this information to the local enforcing agency. If the 152 building code administrator, plans examiner, or inspector 153 requests another local enforcing agency employee or a person 154 contracted by the local enforcing agency to review the plans and 155 that employee or person identifies specific plan features that 156 do not comply with the applicable codes, the building code 157 administrator, plans examiner, or inspector must provide this 158 information to the local enforcing agency. The local enforcing 159 agency shall provide this information to the permit applicant. 160 2.In addition,An enforcing agency may not issue any 161 permit for construction, erection, alteration, modification, 162 repair, or demolition of any building until the appropriate 163 firesafety inspector certified pursuant to s. 633.216 has 164 reviewed the plans and specifications required by the Florida 165 Building Code, or local amendment thereto, for such proposal and 166 found that the plans comply with the Florida Fire Prevention 167 Code and the Life Safety Code. Any building or structure which 168 is not subject to a firesafety code shall not be required to 169 have its plans reviewed by the firesafety inspector. 170 3. Any building or structure that is exempt from the local 171 building permit process may not be required to have its plans 172 reviewed by the local building code administrator. Industrial 173 construction on sites where design, construction, and firesafety 174 are supervised by appropriate design and inspection 175 professionals and which contain adequate in-house fire 176 departments and rescue squads is exempt, subject to local 177 government option, from review of plans and inspections, 178 providing owners certify that applicable codes and standards 179 have been met and supply appropriate approved drawings to local 180 building and firesafety inspectors. 181 4. The enforcing agency shall issue a permit to construct, 182 erect, alter, modify, repair, or demolish any building or 183 structure when the plans and specifications for such proposal 184 comply with the Florida Building Code and the Florida Fire 185 Prevention Code and the Life Safety Code as determined by the 186 local authority in accordance with this chapter and chapter 633. 187 (b) After the local enforcing agency issues a permit, the 188 local enforcing agency may not make or require any substantive 189 changes to the plans or specifications except changes required 190 for compliance with the Florida Building Code, the Florida Fire 191 Prevention Code, or the Life Safety Code, or local amendments 192 thereto. If a local enforcing agency makes or requires 193 substantive changes to the plans or specifications after a 194 permit is issued, the local enforcing agency must identify the 195 specific plan features that do not comply with the applicable 196 codes, identify the specific code chapters and sections upon 197 which the finding is based, and provide the information to the 198 permitholder in writing. 199 (c)1. A plans examiner or inspector who fails to provide 200 the building code administrator with the reasons for making or 201 requiring substantive changes to the plans or specifications is 202 subject to disciplinary action against his or her certificate 203 under s. 468.621(1)(i). 204 2. A building code administrator who fails to provide a 205 permit applicant or permitholder with the reasons for making or 206 requiring substantive changes to the plans or specifications is 207 subject to disciplinary action against his or her certificate 208 under s. 468.621(1)(i). 209 Section 3. Subsection (2) of section 633.208, Florida 210 Statutes, is amended to read: 211 633.208 Minimum firesafety standards.— 212 (2)(a) Pursuant to subsection (1), each municipality, 213 county, and special district with firesafety responsibilities 214 shall enforce the Florida Fire Prevention Code as the minimum 215 firesafety code required by this section. 216 (b) If a municipality, county, or special district 217 determines that the building plans for a building permit 218 application do not comply with the Florida Fire Prevention Code 219 or the Life Safety Code, or local amendments thereto, the local 220 fire official must identify the specific plan features that do 221 not comply with the applicable codes, identify the specific code 222 chapters and sections upon which the determination is based, and 223 provide this information to the permit applicant. 224 (c) After a municipality, county, or special district 225 issues a building permit, it may not make or require any 226 substantive changes to the building plans except those required 227 for compliance with the Florida Fire Prevention Code or the Life 228 Safety Code, or local amendments thereto. If a municipality, 229 county, or special district makes or requires substantive 230 changes to building plans after a permit is issued, the local 231 fire official must identify the specific plan features that do 232 not comply with the Florida Fire Prevention Code or the Life 233 Safety Code, or local amendments thereto, identify the specific 234 code chapters and sections upon which the finding is based, and 235 provide this information to the permitholder. 236 (d) A local fire official, who is also a certified 237 firesafety inspector, who fails to comply with paragraph (b) or 238 paragraph (c) is subject to disciplinary action against his or 239 her certificate under s. 633.216(5)(f). 240 Section 4. This act shall take effect July 1, 2023.