Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for CS for HB 1021
Ì416182%Î416182
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/2R .
05/04/2017 01:00 PM .
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Senator Perry moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 112 - 319
4 and insert:
5 Section 2. Subsection (5) of section 489.103, Florida
6 Statutes, is amended to read:
7 489.103 Exemptions.—This part does not apply to:
8 (5) Public utilities, including municipal gas utilities and
9 special gas districts as defined in chapter 189,
10 telecommunications companies as defined in s. 364.02(13), and
11 natural gas transmission companies as defined in s. 368.103(4),
12 on construction, maintenance, and development work performed by
13 their employees, which work, including, but not limited to, work
14 on bridges, roads, streets, highways, or railroads, is
15 incidental to their business. The board shall define, by rule,
16 the term “incidental to their business” for purposes of this
17 subsection.
18 Section 3. Subsection (20) is added to section 553.79,
19 Florida Statutes, to read:
20 553.79 Permits; applications; issuance; inspections.—
21 (20)(a) A political subdivision of this state may not adopt
22 or enforce any ordinance or impose any building permit or other
23 development order requirement that:
24 1. Contains any building, construction, or aesthetic
25 requirement or condition that conflicts with or impairs
26 corporate trademarks, service marks, trade dress, logos, color
27 patterns, design scheme insignia, image standards, or other
28 features of corporate branding identity on real property or
29 improvements thereon used in activities conducted under chapter
30 526 or in carrying out business activities defined as a
31 franchise by Federal Trade Commission regulations in 16 C.F.R.
32 ss. 436.1, et. seq.; or
33 2. Imposes any requirement on the design, construction or
34 location of signage advertising the retail price of gasoline in
35 accordance with the requirements of ss. 526.111 and 526.121
36 which prevents the signage from being clearly visible and
37 legible to drivers of approaching motor vehicles from a vantage
38 point on any lane of traffic in either direction on a roadway
39 abutting the gas station premises and meets height, width, and
40 spacing standards for Series C, D, or E signs, as applicable,
41 published in the latest edition of Standard Alphabets for
42 Highway Signs published by the United States Department of
43 Commerce, Bureau of Public Roads, Office of Highway Safety.
44 (b) This subsection does not affect any requirement for
45 design and construction in the Florida Building Code.
46 (c) All such ordinances and requirements are hereby
47 preempted and superseded by general law. This subsection shall
48 apply retroactively.
49 (d) This subsection does not apply to property located in a
50 designated historic district.
51 Section 4. Subsection (2) of section 553.791, Florida
52 Statutes, is amended to read:
53 553.791 Alternative plans review and inspection.—
54 (2)(a) Notwithstanding any other law or local government
55 ordinance or local policy, the fee owner of a building or
56 structure, or the fee owner’s contractor upon written
57 authorization from the fee owner, may choose to use a private
58 provider to provide building code inspection services with
59 regard to such building or structure and may make payment
60 directly to the private provider for the provision of such
61 services. All such services shall be the subject of a written
62 contract between the private provider, or the private provider’s
63 firm, and the fee owner or the fee owner’s contractor, upon
64 written authorization of the fee owner. The fee owner may elect
65 to use a private provider to provide plans review or required
66 building inspections, or both. However, if the fee owner or the
67 fee owner’s contractor uses a private provider to provide plans
68 review, the local building official, in his or her discretion
69 and pursuant to duly adopted policies of the local enforcement
70 agency, may require the fee owner or the fee owner’s contractor
71 to use a private provider to also provide required building
72 inspections.
73 (b) It is the intent of the Legislature that owners and
74 contractors not be required to pay extra costs related to
75 building permitting requirements when hiring a private provider
76 for plans review and building inspections. A local jurisdiction
77 must calculate the cost savings to the local enforcement agency,
78 based on a fee owner or contractor hiring a private provider to
79 perform plans reviews and building inspections in lieu of the
80 local building official, and reduce the permit fees accordingly.
81 Section 5. Paragraph (d) of subsection (7) of section
82 553.80, Florida Statutes, is amended to read:
83 553.80 Enforcement.—
84 (7) The governing bodies of local governments may provide a
85 schedule of reasonable fees, as authorized by s. 125.56(2) or s.
86 166.222 and this section, for enforcing this part. These fees,
87 and any fines or investment earnings related to the fees, shall
88 be used solely for carrying out the local government’s
89 responsibilities in enforcing the Florida Building Code. When
90 providing a schedule of reasonable fees, the total estimated
91 annual revenue derived from fees, and the fines and investment
92 earnings related to the fees, may not exceed the total estimated
93 annual costs of allowable activities. Any unexpended balances
94 shall be carried forward to future years for allowable
95 activities or shall be refunded at the discretion of the local
96 government. The basis for a fee structure for allowable
97 activities shall relate to the level of service provided by the
98 local government and shall include consideration for refunding
99 fees due to reduced services based on services provided as
100 prescribed by s. 553.791, but not provided by the local
101 government. Fees charged shall be consistently applied.
102 (d) The local enforcement agency, independent district, or
103 special district may not require at any time, including at the
104 time of application for a permit, the payment of any additional
105 fees, charges, or expenses associated with:
106 1. Providing proof of licensure pursuant to chapter 489;
107 2. Recording or filing a license issued pursuant to this
108 chapter; or
109 3. Providing, recording, or filing evidence of workers’
110 compensation insurance coverage as required by chapter 440.
111 Section 6. Subsection (3) of section 553.73, Florida
112 Statutes, is amended, paragraph (d) is added to subsection (4)
113 of that section, subsections (7) and (8) and paragraphs (a) and
114 (b) of subsection (9) of that section are amended, and
115 subsection (20) is added to that section, to read:
116 553.73 Florida Building Code.—
117 (3) The commission shall use the International Codes
118 published by the International Code Council, the National
119 Electric Code (NFPA 70), or other nationally adopted model codes
120 and standards for updates to needed to develop the base code in
121 Florida to form the foundation for the Florida Building Code.
122 The Florida Building commission may approve technical amendments
123 to the code as provided in, subject to subsections (8) and (9),
124 after the amendments have been subject to all of the following
125 conditions:
126 (a) The proposed amendment must have has been published on
127 the commission’s website for a minimum of 45 days and all the
128 associated documentation must have has been made available to
129 any interested party before any consideration by a technical
130 advisory committee.;
131 (b) In order for a technical advisory committee to make a
132 favorable recommendation to the commission, the proposal must
133 receive a two-thirds three-fourths vote of the members present
134 at the technical advisory committee meeting. and At least half
135 of the regular members must be present in order to conduct a
136 meeting.;
137 (c) After the technical advisory committee has considered
138 and recommended consideration and a recommendation for approval
139 of any proposed amendment, the proposal must be published on the
140 commission’s website for at least 45 days before any
141 consideration by the commission.; and
142 (d) A proposal may be modified by the commission based on
143 public testimony and evidence from a public hearing held in
144 accordance with chapter 120.
145
146 The commission shall incorporate within sections of the Florida
147 Building Code provisions that which address regional and local
148 concerns and variations. The commission shall make every effort
149 to minimize conflicts between the Florida Building Code, the
150 Florida Fire Prevention Code, and the Life Safety Code.
151 (4)
152 (d) A technical amendment to the Florida Building Code
153 related to water conservation practices or design criteria
154 adopted by a local government pursuant to this subsection is not
155 rendered void when the code is updated if the technical
156 amendment is necessary to protect or provide for more efficient
157 use of water resources as provided in s. 373.621. However, any
158 such technical amendment carried forward into the next edition
159 of the code pursuant to this paragraph is subject to review or
160 modification as provided in this part.
161 (7)(a) The commission, by rule adopted pursuant to ss.
162 120.536(1) and 120.54, shall adopt an updated update the Florida
163 Building Code every 3 years through review of. When updating the
164 Florida Building Code, the commission shall select the most
165 current updates version of the International Building Code, the
166 International Fuel Gas Code, International Existing Building
167 Code, the International Mechanical Code, the International
168 Plumbing Code, and the International Residential Code, all of
169 which are copyrighted and published by adopted by the
170 International Code Council, and the National Electrical Code,
171 which is copyrighted and published adopted by the National Fire
172 Protection Association. At a minimum, the commission shall adopt
173 any updates to such codes or any other code necessary to
174 maintain eligibility for federal funding and discounts from the
175 National Flood Insurance Program, the Federal Emergency
176 Management Agency, and the United States Department of Housing
177 and Urban Development, to form the foundation codes of the
178 updated Florida Building Code, if the version has been adopted
179 by the applicable model code entity. The commission shall also
180 review and adopt updates based on select the most current
181 version of the International Energy Conservation Code (IECC) as
182 a foundation code; however, the IECC shall be modified by the
183 commission shall to maintain the efficiencies of the Florida
184 Energy Efficiency Code for Building Construction adopted and
185 amended pursuant to s. 553.901. The commission shall adopt
186 updated codes by rule.
187 (b) Codes regarding noise contour lines shall be reviewed
188 annually, and the most current federal guidelines shall be
189 adopted.
190 (c) The commission may adopt as a technical amendment to
191 the Florida Building Code modify any portion of the foundation
192 codes identified in paragraph (a), but only as needed to
193 accommodate the specific needs of this state. Standards or
194 criteria adopted from these referenced by the codes shall be
195 incorporated by reference to the specific provisions adopted. If
196 a referenced standard or criterion requires amplification or
197 modification to be appropriate for use in this state, only the
198 amplification or modification shall be set forth in the Florida
199 Building Code. The commission may approve technical amendments
200 to the updated Florida Building Code after the amendments have
201 been subject to the conditions set forth in paragraphs (3)(a)
202 (d). Amendments that to the foundation codes which are adopted
203 in accordance with this subsection shall be clearly marked in
204 printed versions of the Florida Building Code so that the fact
205 that the provisions are Florida-specific amendments to the
206 foundation codes is readily apparent.
207 (d) The commission shall further consider the commission’s
208 own interpretations, declaratory statements, appellate
209 decisions, and approved statewide and local technical amendments
210 and shall incorporate such interpretations, statements,
211 decisions, and amendments into the updated Florida Building Code
212 only to the extent that they are needed to modify the foundation
213 codes to accommodate the specific needs of the state. A change
214 made by an institute or standards organization to any standard
215 or criterion that is adopted by reference in the Florida
216 Building Code does not become effective statewide until it has
217 been adopted by the commission. Furthermore, the edition of the
218 Florida Building Code which is in effect on the date of
219 application for any permit authorized by the code governs the
220 permitted work for the life of the permit and any extension
221 granted to the permit.
222 (e) A rule updating the Florida Building Code in accordance
223 with this subsection shall take effect no sooner than 6 months
224 after publication of the updated code. Any amendment to the
225 Florida Building Code which is adopted upon a finding by the
226 commission that the amendment is necessary to protect the public
227 from immediate threat of harm takes effect immediately.
228 (f) Provisions of the Florida Building Code foundation
229 codes, including those contained in referenced standards and
230 criteria, relating to wind resistance or the prevention of water
231 intrusion may not be modified to diminish those construction
232 requirements; however, the commission may, subject to conditions
233 in this subsection, modify the provisions to enhance those
234 construction requirements.
235 (g) Amendments or modifications to the foundation code
236 pursuant to this subsection shall remain effective only until
237 the effective date of a new edition of the Florida Building Code
238 every third year. Amendments or modifications related to state
239 agency regulations which are adopted and integrated into an
240 edition of the Florida Building Code shall be carried forward
241 into the next edition of the code, subject to modification as
242 provided in this part. Amendments or modifications related to
243 the wind-resistance design of buildings and structures within
244 the high-velocity hurricane zone of Miami-Dade and Broward
245 Counties which are adopted to an edition of the Florida Building
246 Code do not expire and shall be carried forward into the next
247 edition of the code, subject to review or modification as
248 provided in this part. If amendments that expire pursuant to
249 this paragraph are resubmitted through the Florida Building
250 commission code adoption process, the amendments must
251 specifically address whether:
252 1. The provisions contained in the proposed amendment are
253 addressed in the applicable international code.
254 2. The amendment demonstrates by evidence or data that the
255 geographical jurisdiction of Florida exhibits a need to
256 strengthen the foundation code beyond the needs or regional
257 variations addressed by the foundation code, and why the
258 proposed amendment applies to this state.
259 3. The proposed amendment was submitted or attempted to be
260 included in the foundation codes to avoid resubmission to the
261 Florida Building Code amendment process.
262
263 If the proposed amendment has been addressed in the
264 international code in a substantially equivalent manner, the
265 Florida Building commission may not include the proposed
266 amendment in the foundation Code.
267 (8) Notwithstanding the provisions of subsection (3) or
268 subsection (7), the commission may address issues identified in
269 this subsection by amending the code pursuant only to the rule
270 adoption procedures contained in chapter 120. Provisions of
271 Updates to the Florida Building Code, including provisions those
272 contained in referenced standards and criteria which relate,
273 relating to wind resistance or the prevention of water
274 intrusion, may not be amended pursuant to this subsection to
275 diminish those standards construction requirements; however, the
276 commission may, subject to conditions in this subsection, amend
277 the Florida Building Code the provisions to enhance such
278 standards those construction requirements. Following the
279 approval of any amendments to the Florida Building Code by the
280 commission and publication of the amendments on the commission’s
281 website, authorities having jurisdiction to enforce the Florida
282 Building Code may enforce the amendments. The commission may
283 approve amendments that are needed to address:
284 (a) Conflicts within the updated code;
285 (b) Conflicts between the updated code and the Florida Fire
286 Prevention Code adopted pursuant to chapter 633;
287 (c) Unintended results from the integration of previously
288 adopted Florida-specific amendments with the model code;
289 (d) Equivalency of standards;
290 (e) Changes to or inconsistencies with federal or state
291 law; or
292 (f) Adoption of an updated edition of the National
293 Electrical Code if the commission finds that delay of
294 implementing the updated edition causes undue hardship to
295 stakeholders or otherwise threatens the public health, safety,
296 and welfare.
297 (9)(a) The commission may approve technical amendments to
298 the Florida Building Code once each year for statewide or
299 regional application upon a finding that the amendment:
300 1. Is needed in order to accommodate the specific needs of
301 this state.
302 2. Has a reasonable and substantial connection with the
303 health, safety, and welfare of the general public.
304 3. Strengthens or improves the Florida Building Code, or in
305 the case of innovation or new technology, will provide
306 equivalent or better products or methods or systems of
307 construction.
308 4. Does not discriminate against materials, products,
309 methods, or systems of construction of demonstrated
310 capabilities.
311 5. Does not degrade the effectiveness of the Florida
312 Building Code.
313
314 The Florida Building Commission may approve technical amendments
315 to the code once each year to incorporate into the Florida
316 Building Code its own interpretations of the code which are
317 embodied in its opinions, final orders, declaratory statements,
318 and interpretations of hearing officer panels under s.
319 553.775(3)(c), but only to the extent that the incorporation of
320 interpretations is needed to modify the code foundation codes to
321 accommodate the specific needs of this state. Amendments
322 approved under this paragraph shall be adopted by rule after the
323 amendments have been subjected to subsection (3).
324 (b) A proposed amendment must include a fiscal impact
325 statement that documents the costs and benefits of the proposed
326 amendment. Criteria for the fiscal impact statement shall be
327 established by rule by the commission and shall include the
328 impact to local government relative to enforcement, the impact
329 to property and building owners, and the impact to industry,
330 relative to the cost of compliance. The amendment must
331 demonstrate by evidence or data that the state’s geographical
332 jurisdiction exhibits a need to strengthen the foundation code
333 beyond the needs or regional variations addressed by the
334 foundation code and why the proposed amendment applies to this
335 state.
336 (20) The Florida Building Commission may not:
337 (a) Adopt the 2016 version of the American Society of
338 Heating, Refrigerating and Air-Conditioning Engineers Standard
339 9.4.1.1(g).
340 (b) Adopt any provision that requires a door located in the
341 opening between a garage and a single-family residence to be
342 equipped with a self-closing device.
343 Section 7. Subsection (2) of section 553.76, Florida
344 Statutes, is amended to read:
345 553.76 General powers of the commission.—The commission is
346 authorized to:
347 (2) Issue memoranda of procedure for its internal
348 management and control. The commission may adopt rules related
349 to its consensus-based decisionmaking process, including, but
350 not limited to, super majority voting requirements for
351 commission actions relating to the adoption of the Florida
352 Building Code or amendments to the code. However, the commission
353 must adopt the Florida Building Code, and amendments thereto, by
354 at least a two-thirds vote of the members present at a meeting.
355 Section 8. Section 553.9081, Florida Statutes, is created
356 to read:
357 553.9081 Florida Building Code; required amendments.—The
358 Florida Building Commission shall amend the Florida Building
359 Code-Energy Conservation to:
360 (1)(a) Eliminate duplicative commissioning reporting
361 requirements for HVAC and electrical systems; and
362 (b) Authorize commissioning reports to be provided by a
363 licensed design professional, electrical engineer, or mechanical
364 engineer.
365 (2) Prohibit the adoption of American Society of Heating,
366 Refrigerating and Air-Conditioning Engineers Standard
367 9.4.1.1(g).
368 Section 9. Subsection (8) of section 633.208, Florida
369 Statutes, is amended to read:
370 633.208 Minimum firesafety standards.—
371 (8)(a) The provisions of the Life Safety Code, as contained
372 in the Florida Fire Prevention Code, do not apply to one-family
373 and two-family dwellings. However, fire sprinkler protection may
374 be permitted by local government in lieu of other fire
375 protection-related development requirements for such structures.
376 While local governments may adopt fire sprinkler requirements
377 for one-family one- and two-family dwellings under this
378 subsection, it is the intent of the Legislature that the
379 economic consequences of the fire sprinkler mandate on home
380 owners be studied before the enactment of such a requirement.
381 After the effective date of this act, any local government that
382 desires to adopt a fire sprinkler requirement on one-family one-
383 or two-family dwellings must prepare an economic cost and
384 benefit report that analyzes the application of fire sprinklers
385 to one-family one- or two-family dwellings or any proposed
386 residential subdivision. The report must consider the tradeoffs
387 and specific cost savings and benefits of fire sprinklers for
388 future owners of property. The report must include an assessment
389 of the cost savings from any reduced or eliminated impact fees
390 if applicable, the reduction in special fire district tax,
391 insurance fees, and other taxes or fees imposed, and the waiver
392 of certain infrastructure requirements including the reduction
393 of roadway widths, the reduction of water line sizes, increased
394 fire hydrant spacing, increased dead-end roadway length, and a
395 reduction in cul-de-sac sizes relative to the costs from fire
396 sprinkling. A failure to prepare an economic report shall result
397 in the invalidation of the fire sprinkler requirement to any
398 one-family one- or two-family dwelling or any proposed
399 subdivision. In addition, a local jurisdiction or utility may
400 not charge any additional fee, above what is charged to a non
401 fire sprinklered dwelling, on the basis that a one-family one-
402 or two-family dwelling unit is protected by a fire sprinkler
403 system.
404 (b)1. A county, municipality, special taxing district,
405 public utility, or private utility may not require an impact fee
406 or payment for a separate water connection for a one-family or
407 two-family dwelling fire sprinkler system if the capacity
408 required is hydraulically available at the property line. The
409 accountholder of the one-family or two-family dwelling must
410 notify the county, municipality, special district, public
411 utility, or private utility of the installation of the separate
412 water connection in the applicable permit. The separate water
413 connection may only be used for one-family or two-family
414 dwelling fire sprinkler systems and if used for other purposes,
415 full base and volume charges may be applied.
416 2. A county, municipality, special district, public
417 utility, or private utility may not charge a water or sewer rate
418 to a one-family or two-family dwelling that requires a larger
419 water meter solely due to the installation of fire sprinklers
420 above that which is charged to a one-family and two-family
421 dwelling with a base meter. If the installation of fire
422 sprinklers in a one-family or two-family dwelling requires the
423 installation of a larger water meter, only the difference in
424 actual cost between the base water meter and the larger water
425 meter may be charged by the water utility provider.
426 Section 10. A local government may not require an owner of
427 a residence to obtain a permit to paint such residence,
428 regardless of whether the residence is owned by a limited
429 liability company.
430 Section 11. The Department of Education, in conjunction
431 with the Department of Economic Opportunity, shall develop a
432 plan to implement the recommendations of the Construction
433 Industry Workforce Task Force Report dated January 20, 2017. The
434 Department of Education shall provide the plan to the
435 Construction Industry Workforce Task Force on or before July 1,
436 2018.
437 Section 12. CareerSource Florida, Inc., shall develop and
438 submit a plan to the Construction Industry Workforce Taskforce
439 of the potential opportunities for training programs to
440 implement the recommendations of the Construction Industry
441 Workforce Taskforce Report dated January 20, 2017, using
442 existing federal funds awarded to the corporation and using the
443 previous statewide Florida ReBuilds program as an implementation
444 model for such programs. CareerSource Florida, Inc., shall
445 provide the plan to the Construction Industry Workforce
446 Taskforce on or before July 1, 2018.
447 Section 13. The Florida Building Commission shall adopt an
448 amendment to the Florida Building Code-Residential, relating to
449 Door Components, to provide that, relating to substitution of
450 door components, such components must either:
451 (1) Comply with ANSI/WMA 100; or
452 (2) Be evaluated by an approved product evaluation entity,
453 certification agency, testing laboratory, or engineer and may be
454 interchangeable in exterior door assemblies if the components
455 provide equal or greater structural performance as demonstrated
456 by accepted engineering practices.
457 Section 14. Present subsection (5) of section 489.516,
458 Florida Statutes, is renumbered as subsection (6), and a new
459 subsection (5) is added to that section, to read:
460 489.516 Qualifications to practice; restrictions;
461 prerequisites.—
462 (5) This part does not prevent any certified electrical or
463 alarm system contractor from acting as a prime contractor when
464 the majority of the work to be performed under the contract is
465 within the scope of his or her license or from subcontracting to
466 other licensed contractors any remaining work that is part of
467 the project contracted.
468
469 ================= T I T L E A M E N D M E N T ================
470 And the title is amended as follows:
471 Delete lines 6 - 43
472 and insert:
473 engineers; amending s. 489.103, F.S.; revising an
474 exemption from construction contracting regulation for
475 certain public utilities; deleting responsibility of
476 the Construction Industry Licensing Board to define
477 the term “incidental to their business” for certain
478 purposes; amending s. 553.79, F.S.; prohibiting a
479 political subdivision from adopting or enforcing
480 certain building permits or other development order
481 requirement; providing construction; providing for
482 preemption of certain local laws and regulations;
483 providing for retroactive applicability; providing an
484 exception; amending s. 553.791, F.S.; requiring local
485 jurisdictions to reduce certain permit fees; amending
486 s. 553.80, F.S.; prohibiting local enforcement
487 agencies, independent districts, and special districts
488 from charging certain fees; amending s. 553.73, F.S.;
489 revising requirements for updating the Florida
490 Building Code; providing that certain amendments to
491 the Florida Building Code are not void under certain
492 circumstances; providing that certain technical
493 amendments are subject to review or modification;
494 requiring the commission to adopt and update the
495 Florida Building Code through certain review rather
496 than by rule; revising requirements relating to the
497 codes used to update the Florida Building Code;
498 specifying minimum requirements for updates to the
499 Florida Building Code; authorizing the commission to
500 adopt as a technical amendment any portion of
501 specified codes; conforming provisions to changes made
502 by the act; prohibiting the Florida Building
503 Commission from adopting certain code provisions or
504 standards; amending s. 553.76, F.S.; authorizing the
505 commission to adopt the Florida Building Code and
506 amendments thereto by a specified number of votes;
507 creating s. 553.9081, F.S.; requiring the Florida
508 Building Commission to amend certain provisions of the
509 Florida Building Code; amending s. 633.208, F.S.;
510 prohibiting a county, municipality, special taxing
511 district, public utility, or private utility from
512 requiring a separate water connection or charging a
513 specified water or sewage rate under certain
514 conditions; prohibiting a local government from
515 requiring a permit for painting a residence; requiring
516 the Department of Education to develop a plan for
517 specified purposes; requiring Department of Education
518 to provide the plan to the Construction Industry
519 Workforce Task Force by a specified date; requiring
520 CareerSource Florida, Inc., to develop a plan for
521 specified purposes; requiring CareerSource Florida,
522 Inc., to provide the plan to the Construction Industry
523 Workforce Taskforce by a specified date; requiring the
524 Florida Building Commission to amend specified
525 provisions of the Florida Building Code related to
526 door components; amending s. 489.516, F.S.; specifying
527 that certain provisions do not prevent a certified
528 electrical or alarm system contractor from acting as a
529 prime contractor under certain circumstances;
530 providing an effective