Bill Text: FL S1232 | 2015 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Building Codes
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1232 Detail]
Download: Florida-2015-S1232-Introduced.html
Bill Title: Building Codes
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1232 Detail]
Download: Florida-2015-S1232-Introduced.html
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 ana133 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 ofany of the144provisions ofchapter 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 Compliance190and Mitigation Program, the department shall maintain, update,191develop, or cause to be developed advanced modules designed for192use by each profession.193(7) The Florida Building Commission shall provide by rule194for the accreditation of courses related to the Florida Building195Code by accreditors approved by the commission. The commission196shall establish qualifications of accreditors and criteria for197the accreditation of courses by rule. The commission may revoke198the accreditation of a course by an accreditor if the199accreditation is demonstrated to violate this part or the rules200of 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.