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