Florida Senate - 2015                                    SB 1232
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00538C-15                                          20151232__
    1                        A bill to be entitled                      
    2         An act relating to building codes; amending s.
    3         489.105, F.S.; revising the definition of the term
    4         “plumbing contractor”; amending s. 514.031, F.S.;
    5         requiring the Department of Health to conduct
    6         inspections of certain public pools with operating
    7         permits to ensure continued compliance with specified
    8         criteria; authorizing the department to adopt rules;
    9         specifying the department’s jurisdiction for purposes
   10         of inspecting certain public pools; specifying duties
   11         of local enforcement agencies regarding modifications
   12         and repairs made to certain public pools as a result
   13         of the department’s inspections; requiring the
   14         department to ensure certain rules enforced by local
   15         enforcement agencies comply with the Florida Building
   16         Code; amending s. 514.05, F.S.; specifying that the
   17         department may close certain public pools or deny,
   18         suspend, or revoke operating permits for such pools if
   19         the Florida Building Code is violated; specifying that
   20         the department may assess an administrative fine for
   21         operating permits for certain public pools if the
   22         Florida Building Code is violated; amending s. 553.73,
   23         F.S.; requiring the permitted installation or
   24         replacement of a hot water heater to include a water
   25         level detection device; amending s. 553.79, F.S.;
   26         requiring local enforcing agencies to permit and
   27         inspect modifications and repairs made to certain
   28         public pools and public bathing places as a result of
   29         the department’s inspections; amending s. 553.841,
   30         F.S.; removing provisions related to the development
   31         of advanced courses with respect to the Florida
   32         Building Code Compliance and Mitigation Program and
   33         the accreditation of courses related to the Florida
   34         Building Code; amending s. 553.842, F.S.; providing
   35         that Underwriters Laboratories, LLC, is an approved
   36         evaluation entity; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Paragraph (m) of subsection (3) of section
   41  489.105, Florida Statutes, is amended to read:
   42         489.105 Definitions.—As used in this part:
   43         (3) “Contractor” means the person who is qualified for, and
   44  is only responsible for, the project contracted for and means,
   45  except as exempted in this part, the person who, for
   46  compensation, undertakes to, submits a bid to, or does himself
   47  or herself or by others construct, repair, alter, remodel, add
   48  to, demolish, subtract from, or improve any building or
   49  structure, including related improvements to real estate, for
   50  others or for resale to others; and whose job scope is
   51  substantially similar to the job scope described in one of the
   52  paragraphs of this subsection. For the purposes of regulation
   53  under this part, the term “demolish” applies only to demolition
   54  of steel tanks more than 50 feet in height; towers more than 50
   55  feet in height; other structures more than 50 feet in height;
   56  and all buildings or residences. Contractors are subdivided into
   57  two divisions, Division I, consisting of those contractors
   58  defined in paragraphs (a)-(c), and Division II, consisting of
   59  those contractors defined in paragraphs (d)-(q):
   60         (m) “Plumbing contractor” means a contractor whose services
   61  are unlimited in the plumbing trade and includes contracting
   62  business consisting of the execution of contracts requiring the
   63  experience, financial means, knowledge, and skill to install,
   64  maintain, repair, alter, extend, or, if not prohibited by law,
   65  design plumbing. A plumbing contractor may install, maintain,
   66  repair, alter, extend, or, if not prohibited by law, design the
   67  following without obtaining an additional local regulatory
   68  license, certificate, or registration: sanitary drainage or
   69  storm drainage facilities, water and sewer plants and
   70  substations, venting systems, public or private water supply
   71  systems, septic tanks, drainage and supply wells, swimming pool
   72  piping, irrigation systems, and solar heating water systems and
   73  all appurtenances, apparatus, or equipment used in connection
   74  therewith, including boilers and pressure process piping and
   75  including the installation of water, natural gas, liquefied
   76  petroleum gas and related venting, and storm and sanitary sewer
   77  lines. The scope of work of the plumbing contractor also
   78  includes the design, if not prohibited by law, and installation,
   79  maintenance, repair, alteration, or extension of air-piping,
   80  vacuum line piping, oxygen line piping, nitrous oxide piping,
   81  and all related medical gas systems; fire line standpipes and
   82  fire sprinklers if authorized by law; ink and chemical lines;
   83  fuel oil and gasoline piping and tank and pump installation,
   84  except bulk storage plants; and pneumatic control piping
   85  systems, all in a manner that complies with all plans,
   86  specifications, codes, laws, and regulations applicable. The
   87  scope of work of the plumbing contractor applies to private
   88  property and public property, including any excavation work
   89  incidental thereto, and includes the work of the specialty
   90  plumbing contractor. Such contractor shall subcontract, with a
   91  qualified contractor in the field concerned, all other work
   92  incidental to the work but which is specified as being the work
   93  of a trade other than that of a plumbing contractor. This
   94  definition does not limit the scope of work of any specialty
   95  contractor certified pursuant to s. 489.113(6), and does not
   96  require certification or registration under this part of a
   97  person licensed under chapter 527 or any authorized employee of
   98  a public natural gas utility or of a private natural gas utility
   99  regulated by the Public Service Commission when disconnecting
  100  and reconnecting water lines in the servicing or replacement of
  101  an existing water heater. A plumbing contractor may perform
  102  drain cleaning and clearing and install or repair rainwater
  103  catchment systems; however, a mandatory licensing requirement is
  104  not established for the performance of these specific services.
  105         Section 2. Subsections (2) through (5) of section 514.031,
  106  Florida Statutes, are redesignated as subsections (3) through
  107  (6), respectively, and a new subsection (2) is added to that
  108  section, to read:
  109         514.031 Permit necessary to operate public swimming pool.—
  110         (2) The department shall ensure through inspections that a
  111  public swimming pool with an operating permit continues to be
  112  operated and maintained in compliance with rules adopted under
  113  this section, the original approved plans and specifications or
  114  variances, and the Florida Building Code adopted under chapter
  115  553 applicable to public pools or public bathing places. The
  116  department may adopt and enforce rules to implement this
  117  subsection, including provisions for closing those pools and
  118  bathing places not in compliance. For purposes of this
  119  subsection, the department’s jurisdiction includes the pool, the
  120  pool deck, the barrier as defined in s. 515.25, and the bathroom
  121  facilities for pool patrons. The local enforcement agency shall
  122  permit and inspect repairs or modifications required as a result
  123  of the department’s inspections and may take enforcement action
  124  to ensure compliance. The department shall ensure that the rules
  125  enforced by the local enforcement agency under this subsection
  126  are not inconsistent with the Florida Building Code adopted
  127  under chapter 553.
  128         Section 3. Subsections (1), (2), and (5) of section 514.05,
  129  Florida Statutes, are amended to read:
  130         514.05 Denial, suspension, or revocation of permit;
  131  administrative fines.—
  132         (1) The department may deny an application for an a
  133  operating permit, suspend or revoke a permit issued to any
  134  person or public body, or impose an administrative fine upon the
  135  failure of such person or public body to comply with the
  136  provisions of this chapter, the Florida Building Code adopted
  137  under chapter 553 applicable to public pools or public bathing
  138  places, or the rules adopted hereunder.
  139         (2) The department may impose an administrative fine, which
  140  shall not exceed $500 for each violation, for the violation of
  141  this chapter, the Florida Building Code adopted under chapter
  142  553 applicable to public pools or public bathing places, or the
  143  rules adopted hereunder and for the violation of any of the
  144  provisions of chapter 386. Notice of intent to impose such fine
  145  shall be given by the department to the alleged violator. Each
  146  day that a violation continues may constitute a separate
  147  violation.
  148         (5) Under conditions specified by rule, the department may
  149  close a public pool that is not in compliance with this chapter,
  150  the Florida Building Code adopted under chapter 553 applicable
  151  to public pools or public bathing places, or the rules adopted
  152  under this chapter.
  153         Section 4. Subsection (19) is added to section 553.73,
  154  Florida Statutes, to read:
  155         553.73 Florida Building Code.—
  156         (19) A local enforcing agency that requires a permit to
  157  install or replace a hot water heater shall require that a hard
  158  wired or battery-operated water-level detection device be
  159  secured to the drain pan area at a level lower than the drain
  160  connection upon installation or replacement of the hot water
  161  heater. The device must include an audible alarm and, if
  162  battery-operated, must have a 10-year low-battery notification
  163  capability.
  164         Section 5. Subsection (11) of section 553.79, Florida
  165  Statutes, is amended to read:
  166         553.79 Permits; applications; issuance; inspections.—
  167         (11)(a) The local enforcing agency may not issue a building
  168  permit to construct, develop, or modify a public swimming pool
  169  without proof of application, whether complete or incomplete,
  170  for an operating permit pursuant to s. 514.031. A certificate of
  171  completion or occupancy may not be issued until such operating
  172  permit is issued. The local enforcing agency shall conduct its
  173  review of the building permit application upon filing and in
  174  accordance with this chapter. The local enforcing agency may
  175  confer with the Department of Health, if necessary, but may not
  176  delay the building permit application review while awaiting
  177  comment from the Department of Health.
  178         (b) If the department determines under s. 514.031(2) that a
  179  public pool or a public bathing place is not being operated or
  180  maintained in compliance with department rules, the original
  181  approved plans and specifications or variances, and the Florida
  182  Building Code, the local enforcing agency shall permit and
  183  inspect the repairs or modifications required as a result of the
  184  department’s inspections and may take enforcement action to
  185  ensure compliance.
  186         Section 6. Subsections (4) and (7) of section 553.841,
  187  Florida Statutes, are amended to read:
  188         553.841 Building code compliance and mitigation program.—
  189         (4) In administering the Florida Building Code Compliance
  190  and Mitigation Program, the department shall maintain, update,
  191  develop, or cause to be developed advanced modules designed for
  192  use by each profession.
  193         (7) The Florida Building Commission shall provide by rule
  194  for the accreditation of courses related to the Florida Building
  195  Code by accreditors approved by the commission. The commission
  196  shall establish qualifications of accreditors and criteria for
  197  the accreditation of courses by rule. The commission may revoke
  198  the accreditation of a course by an accreditor if the
  199  accreditation is demonstrated to violate this part or the rules
  200  of the commission.
  201         Section 7. Paragraph (a) of subsection (8) of section
  202  553.842, Florida Statutes, is amended to read:
  203         553.842 Product evaluation and approval.—
  204         (8) The commission may adopt rules to approve the following
  205  types of entities that produce information on which product
  206  approvals are based. All of the following entities, including
  207  engineers and architects, must comply with a nationally
  208  recognized standard demonstrating independence or no conflict of
  209  interest:
  210         (a) Evaluation entities approved pursuant to this
  211  paragraph. The commission shall specifically approve the
  212  National Evaluation Service, the International Association of
  213  Plumbing and Mechanical Officials Evaluation Service, the
  214  International Code Council Evaluation Services, Underwriters
  215  Laboratories, LLC, and the Miami-Dade County Building Code
  216  Compliance Office Product Control Division. Architects and
  217  engineers licensed in this state are also approved to conduct
  218  product evaluations as provided in subsection (5).
  219         Section 8. This act shall take effect July 1, 2015.