HB 1001

1	A bill to be entitled
2	An act relating to construction contracting; amending s.
3	489.103, F.S.; exempting the sale or installation of
4	garage doors from construction contracting regulation;
5	amending s. 489.105, F.S.; revising contractor definitions
6	to authorize Class A and Class B air-conditioning
7	contractors to disconnect or reconnect changeouts of
8	liquefied petroleum or natural gas fuel lines within
9	buildings, mechanical contractors to install, maintain,
10	fabricate, repair, alter, extend, or design, when not
11	prohibited by law, liquefied petroleum gas lines within
12	buildings, and plumbing contractors to install liquefied
13	petroleum gas lines; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (6) of section 489.103, Florida
18	Statutes, is amended to read:
19	489.103  Exemptions.--This part does not apply to:
20	(6)  The sale or installation of any finished products,
21	materials, or articles of merchandise that are not fabricated
22	into and do not become a permanent fixed part of the structure,
23	such as awnings or garage doors. However, this subsection does
24	not exempt in-ground spas and swimming pools that involve
25	excavation, plumbing, chemicals, or wiring of any appliance
26	without a factory-installed electrical cord and plug. This
27	subsection does not limit the exemptions provided in subsection
28	(7).
29	Section 2.  Paragraphs (f), (g), (i), and (m) of subsection
30	(3) of section 489.105, Florida Statutes, are amended to read:
31	489.105  Definitions.--As used in this part:
32	(3)  "Contractor" means the person who is qualified for,
33	and shall only be responsible for, the project contracted for
34	and means, except as exempted in this part, the person who, for
35	compensation, undertakes to, submits a bid to, or does himself
36	or herself or by others construct, repair, alter, remodel, add
37	to, demolish, subtract from, or improve any building or
38	structure, including related improvements to real estate, for
39	others or for resale to others; and whose job scope is
40	substantially similar to the job scope described in one of the
41	subsequent paragraphs of this subsection. For the purposes of
42	regulation under this part, "demolish" applies only to
43	demolition of steel tanks over 50 feet in height; towers over 50
44	feet in height; other structures over 50 feet in height, other
45	than buildings or residences over three stories tall; and
46	buildings or residences over three stories tall. Contractors are
47	subdivided into two divisions, Division I, consisting of those
48	contractors defined in paragraphs (a)-(c), and Division II,
49	consisting of those contractors defined in paragraphs (d)-(q):
50	(f)  "Class A air-conditioning contractor" means a
51	contractor whose services are unlimited in the execution of
52	contracts requiring the experience, knowledge, and skill to
53	install, maintain, repair, fabricate, alter, extend, or design,
54	when not prohibited by law, central air-conditioning,
55	refrigeration, heating, and ventilating systems, including duct
56	work in connection with a complete system only to the extent
57	such duct work is performed by the contractor as is necessary to
58	make complete an air-distribution system, boiler and unfired
59	pressure vessel systems, and all appurtenances, apparatus, or
60	equipment used in connection therewith, and any duct cleaning
61	and equipment sanitizing which requires at least a partial
62	disassembling of the system; to install, maintain, repair,
63	fabricate, alter, extend, or design, when not prohibited by law,
64	piping, insulation of pipes, vessels and ducts, pressure and
65	process piping, and pneumatic control piping; to replace,
66	disconnect, or reconnect power wiring on the load side of the
67	dedicated existing electrical disconnect switch; to install,
68	disconnect, and reconnect low voltage heating, ventilating, and
69	air-conditioning control wiring; and to install a condensate
70	drain from an air-conditioning unit to an existing safe waste or
71	other approved disposal other than a direct connection to a
72	sanitary system. The scope of work for such contractor shall
73	also include any excavation work incidental thereto, but shall
74	not include any work such as liquefied petroleum or natural gas
75	fuel lines within buildings, except for disconnecting or
76	reconnecting changeouts, potable water lines or connections
77	thereto, sanitary sewer lines, swimming pool piping and filters,
78	or electrical power wiring.
79	(g)  "Class B air-conditioning contractor" means a
80	contractor whose services are limited to 25 tons of cooling and
81	500,000 Btu of heating in any one system in the execution of
82	contracts requiring the experience, knowledge, and skill to
83	install, maintain, repair, fabricate, alter, extend, or design,
84	when not prohibited by law, central air-conditioning,
85	refrigeration, heating, and ventilating systems, including duct
86	work in connection with a complete system only to the extent
87	such duct work is performed by the contractor as is necessary to
88	make complete an air-distribution system being installed under
89	this classification, and any duct cleaning and equipment
90	sanitizing which requires at least a partial disassembling of
91	the system; to install, maintain, repair, fabricate, alter,
92	extend, or design, when not prohibited by law, piping and
93	insulation of pipes, vessels, and ducts; to replace, disconnect,
94	or reconnect power wiring on the load side of the dedicated
95	existing electrical disconnect switch; to install, disconnect,
96	and reconnect low voltage heating, ventilating, and air-
97	conditioning control wiring; and to install a condensate drain
98	from an air-conditioning unit to an existing safe waste or other
99	approved disposal other than a direct connection to a sanitary
100	system. The scope of work for such contractor shall also include
101	any excavation work incidental thereto, but shall not include
102	any work such as liquefied petroleum or natural gas fuel lines
103	within buildings, except for disconnecting or reconnecting
104	changeouts, potable water lines or connections thereto, sanitary
105	sewer lines, swimming pool piping and filters, or electrical
106	power wiring.
107	(i)  "Mechanical contractor" means a contractor whose
108	services are unlimited in the execution of contracts requiring
109	the experience, knowledge, and skill to install, maintain,
110	repair, fabricate, alter, extend, or design, when not prohibited
111	by law, central air-conditioning, refrigeration, heating, and
112	ventilating systems, including duct work in connection with a
113	complete system only to the extent such duct work is performed
114	by the contractor as is necessary to make complete an air-
115	distribution system, boiler and unfired pressure vessel systems,
116	lift station equipment and piping, and all appurtenances,
117	apparatus, or equipment used in connection therewith, and any
118	duct cleaning and equipment sanitizing which requires at least a
119	partial disassembling of the system; to install, maintain,
120	repair, fabricate, alter, extend, or design, when not prohibited
121	by law, piping, insulation of pipes, vessels and ducts, pressure
122	and process piping, pneumatic control piping, gasoline tanks and
123	pump installations and piping for same, standpipes, air piping,
124	vacuum line piping, oxygen lines, nitrous oxide piping, ink and
125	chemical lines, fuel transmission lines, liquefied petroleum gas
126	lines within buildings, and natural gas fuel lines within
127	buildings; to replace, disconnect, or reconnect power wiring on
128	the load side of the dedicated existing electrical disconnect
129	switch; to install, disconnect, and reconnect low voltage
130	heating, ventilating, and air-conditioning control wiring; and
131	to install a condensate drain from an air-conditioning unit to
132	an existing safe waste or other approved disposal other than a
133	direct connection to a sanitary system. The scope of work for
134	such contractor shall also include any excavation work
135	incidental thereto, but shall not include any work such as
136	liquefied petroleum gas fuel lines within buildings, potable
137	water lines or connections thereto, sanitary sewer lines,
138	swimming pool piping and filters, or electrical power wiring.
139	(m)  "Plumbing contractor" means a contractor whose
140	contracting business consists of the execution of contracts
141	requiring the experience, financial means, knowledge, and skill
142	to install, maintain, repair, alter, extend, or, when not
143	prohibited by law, design plumbing. A plumbing contractor may
144	install, maintain, repair, alter, extend, or, when not
145	prohibited by law, design the following without obtaining any
146	additional local regulatory license, certificate, or
147	registration: sanitary drainage or storm drainage facilities;
148	venting systems; public or private water supply systems; septic
149	tanks; drainage and supply wells; swimming pool piping;
150	irrigation systems; or solar heating water systems and all
151	appurtenances, apparatus, or equipment used in connection
152	therewith, including boilers and pressure process piping and
153	including the installation of water, natural gas, liquefied
154	(excluding liquid petroleum gas gases), and storm and sanitary
155	sewer lines; and water and sewer plants and substations. The
156	scope of work of the plumbing contractor also includes the
157	design, when not prohibited by law, and installation,
158	maintenance, repair, alteration, or extension of air-piping,
159	vacuum line piping, oxygen line piping, nitrous oxide piping,
160	and all related medical gas systems; fire line standpipes and
161	fire sprinklers to the extent authorized by law; ink and
162	chemical lines; fuel oil and gasoline piping and tank and pump
163	installation, except bulk storage plants; and pneumatic control
164	piping systems, all in such a manner as to comply with all
165	plans, specifications, codes, laws, and regulations applicable.
166	The scope of work of the plumbing contractor shall apply to
167	private property and public property, shall include any
168	excavation work incidental thereto, and shall include the work
169	of the specialty plumbing contractor. Such contractor shall
170	subcontract, with a qualified contractor in the field concerned,
171	all other work incidental to the work but which is specified
172	herein as being the work of a trade other than that of a
173	plumbing contractor. Nothing in this definition shall be
174	construed to limit the scope of work of any specialty contractor
175	certified pursuant to s. 489.113(6). Nothing in this definition
176	shall be construed to require certification or registration
177	under this part of any authorized employee of a public natural
178	gas utility or of a private natural gas utility regulated by the
179	Public Service Commission when disconnecting and reconnecting
180	water lines in the servicing or replacement of an existing water
181	heater.
182	Section 3.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.