Bill Text: FL S0612 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Building Construction Regulations and System Warranties
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/HB 481 [S0612 Detail]
Download: Florida-2024-S0612-Introduced.html
Bill Title: Building Construction Regulations and System Warranties
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-04 - Laid on Table, refer to CS/HB 481 [S0612 Detail]
Download: Florida-2024-S0612-Introduced.html
Florida Senate - 2024 SB 612 By Senator Hooper 21-00589A-24 2024612__ 1 A bill to be entitled 2 An act relating to building construction regulations 3 and system warranties; amending s. 489.105, F.S.; 4 revising definitions; amending s. 553.775, F.S.; 5 authorizing prevailing parties in proceedings on 6 interpretations of the Florida Building Code and the 7 Florida Accessibility Code for Building Construction 8 to recover attorney fees; amending s. 559.956, F.S.; 9 providing that certain provisions governing the 10 transfer of HVAC manufacturer’s warranties apply to 11 transfers made on or after a specified date; 12 prohibiting HVAC manufacturer’s warranties from being 13 conditioned upon the product registration; providing 14 applicability; removing provisions relating to HVAC 15 manufacturer’s warranty registration; creating s. 16 559.957, F.S.; providing the effective date for 17 certain HVAC system and component warranties under a 18 specified circumstance; providing required information 19 for warranty and product registration cards and forms; 20 prohibiting HVAC system and component warranties from 21 being conditioned upon product registration; providing 22 an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Paragraphs (f), (g), and (i) of subsection (3) 27 of section 489.105, Florida Statutes, are amended to read: 28 489.105 Definitions.—As used in this part: 29 (3) “Contractor” means the person who is qualified for, and 30 is only responsible for, the project contracted for and means, 31 except as exempted in this part, the person who, for 32 compensation, undertakes to, submits a bid to, or does himself 33 or herself or by others construct, repair, alter, remodel, add 34 to, demolish, subtract from, or improve any building or 35 structure, including related improvements to real estate, for 36 others or for resale to others; and whose job scope is 37 substantially similar to the job scope described in one of the 38 paragraphs of this subsection. For the purposes of regulation 39 under this part, the term “demolish” applies only to demolition 40 of steel tanks more than 50 feet in height; towers more than 50 41 feet in height; other structures more than 50 feet in height; 42 and all buildings or residences. Contractors are subdivided into 43 two divisions, Division I, consisting of those contractors 44 defined in paragraphs (a)-(c), and Division II, consisting of 45 those contractors defined in paragraphs (d)-(q): 46 (f) “Class A air-conditioning contractor” means a 47 contractor whose services are unlimited in the execution of 48 contracts requiring the experience, knowledge, and skill to 49 install, maintain, repair, fabricate, alter, extend, or design, 50 if not prohibited by law, central air-conditioning, 51 refrigeration, heating, and ventilating systems, including duct 52 work in connection with a complete system if such duct work is 53 performed by the contractor as necessary to complete an air 54 distribution system, boiler and unfired pressure vessel systems, 55 and all appurtenances, apparatus, or equipment used in 56 connection therewith, and any duct cleaning and equipment 57 sanitizing that requires at least a partial disassembling of the 58 system; to install, maintain, repair, fabricate, alter, extend, 59 or design, if not prohibited by law, piping, insulation of 60 pipes, vessels and ducts, pressure and process piping, and 61 pneumatic control piping; to replace, disconnect, or reconnect 62 power wiring on the line or load side of the dedicated existing 63 electrical disconnect switch on single-phase electrical systems; 64 to repair or replace power wiring, disconnects, breakers, or 65 fuses for dedicated HVAC circuits; to install, disconnect, and 66 reconnect low voltage heating, ventilating, and air-conditioning 67 control wiring; and to install a condensate drain from an air 68 conditioning unit to an existing safe waste or other approved 69 disposal other than a direct connection to a sanitary system. 70 The scope of work for such contractor also includes any 71 excavation work incidental thereto, but does not include any 72 work such as liquefied petroleum or natural gas fuel lines 73 within buildings, except for disconnecting or reconnecting 74 changeouts of liquefied petroleum or natural gas appliances 75 within buildings; potable water lines or connections thereto; 76 sanitary sewer lines; swimming pool piping and filters; or 77 electrical power wiring. A Class A air-conditioning contractor 78 may test and evaluate central air-conditioning, refrigeration, 79 heating, and ventilating systems, including duct work; however, 80 a mandatory licensing requirement is not established for the 81 performance of these specific services. 82 (g) “Class B air-conditioning contractor” means a 83 contractor whose services are limited to 25 tons of cooling and 84 500,000 Btu of heating in any one system in the execution of 85 contracts requiring the experience, knowledge, and skill to 86 install, maintain, repair, fabricate, alter, extend, or design, 87 if not prohibited by law, central air-conditioning, 88 refrigeration, heating, and ventilating systems, including duct 89 work in connection with a complete system only to the extent 90 such duct work is performed by the contractor as necessary to 91 complete an air-distribution system being installed under this 92 classification, and any duct cleaning and equipment sanitizing 93 that requires at least a partial disassembling of the system; to 94 install, maintain, repair, fabricate, alter, extend, or design, 95 if not prohibited by law, piping and insulation of pipes, 96 vessels, and ducts; to replace, disconnect, or reconnect power 97 wiring on the line or load side of the dedicated existing 98 electrical disconnect switch on single-phase electrical systems; 99 to repair or replace power wiring, disconnects, breakers, or 100 fuses for dedicated HVAC circuits; to install, disconnect, and 101 reconnect low voltage heating, ventilating, and air-conditioning 102 control wiring; and to install a condensate drain from an air 103 conditioning unit to an existing safe waste or other approved 104 disposal other than a direct connection to a sanitary system. 105 The scope of work for such contractor also includes any 106 excavation work incidental thereto, but does not include any 107 work such as liquefied petroleum or natural gas fuel lines 108 within buildings, except for disconnecting or reconnecting 109 changeouts of liquefied petroleum or natural gas appliances 110 within buildings; potable water lines or connections thereto; 111 sanitary sewer lines; swimming pool piping and filters; or 112 electrical power wiring. A Class B air-conditioning contractor 113 may test and evaluate central air-conditioning, refrigeration, 114 heating, and ventilating systems, including duct work; however, 115 a mandatory licensing requirement is not established for the 116 performance of these specific services. 117 (i) “Mechanical contractor” means a contractor whose 118 services are unlimited in the execution of contracts requiring 119 the experience, knowledge, and skill to install, maintain, 120 repair, fabricate, alter, extend, or design, if not prohibited 121 by law, central air-conditioning, refrigeration, heating, and 122 ventilating systems, including duct work in connection with a 123 complete system if such duct work is performed by the contractor 124 as necessary to complete an air-distribution system, boiler and 125 unfired pressure vessel systems, lift station equipment and 126 piping, and all appurtenances, apparatus, or equipment used in 127 connection therewith, and any duct cleaning and equipment 128 sanitizing that requires at least a partial disassembling of the 129 system; to install, maintain, repair, fabricate, alter, extend, 130 or design, if not prohibited by law, piping, insulation of 131 pipes, vessels and ducts, pressure and process piping, pneumatic 132 control piping, gasoline tanks and pump installations and piping 133 for same, standpipes, air piping, vacuum line piping, oxygen 134 lines, nitrous oxide piping, ink and chemical lines, fuel 135 transmission lines, liquefied petroleum gas lines within 136 buildings, and natural gas fuel lines within buildings; to 137 replace, disconnect, or reconnect power wiring on the line or 138 load side of the dedicated existing electrical disconnect switch 139 on single-phase electrical systems; to repair or replace power 140 wiring, disconnects, breakers, or fuses for dedicated HVAC 141 circuits; to install, disconnect, and reconnect low voltage 142 heating, ventilating, and air-conditioning control wiring; and 143 to install a condensate drain from an air-conditioning unit to 144 an existing safe waste or other approved disposal other than a 145 direct connection to a sanitary system. The scope of work for 146 such contractor also includes any excavation work incidental 147 thereto, but does not include any work such as potable water 148 lines or connections thereto, sanitary sewer lines, swimming 149 pool piping and filters, or electrical power wiring. A 150 mechanical contractor may test and evaluate central air 151 conditioning, refrigeration, heating, and ventilating systems, 152 including duct work; however, a mandatory licensing requirement 153 is not established for the performance of these specific 154 services. 155 Section 2. Paragraph (c) of subsection (3) of section 156 553.775, Florida Statutes, is amended to read: 157 553.775 Interpretations.— 158 (3) The following procedures may be invoked regarding 159 interpretations of the Florida Building Code or the Florida 160 Accessibility Code for Building Construction: 161 (c) The commission shall review decisions of local building 162 officials and local enforcement agencies regarding 163 interpretations of the Florida Building Code or the Florida 164 Accessibility Code for Building Construction after the local 165 board of appeals has considered the decision, if such board 166 exists, and if such appeals process is concluded within 25 167 business days. 168 1. The commission shall coordinate with the Building 169 Officials Association of Florida, Inc., to designate a panel 170 composed of seven members to hear requests to review decisions 171 of local building officials. Five members must be licensed as 172 building code administrators under part XII of chapter 468, one 173 member must be licensed as an architect under chapter 481, and 174 one member must be licensed as an engineer under chapter 471. 175 Each member must have experience interpreting or enforcing 176 provisions of the Florida Building Code and the Florida 177 Accessibility Code for Building Construction. 178 2. Requests to review a decision of a local building 179 official interpreting provisions of the Florida Building Code or 180 the Florida Accessibility Code for Building Construction may be 181 initiated by any substantially affected person, including an 182 owner or builder subject to a decision of a local building 183 official or an association of owners or builders having members 184 who are subject to a decision of a local building official. In 185 order to initiate review, the substantially affected person must 186 file a petition with the commission. The commission shall adopt 187 a form for the petition, which shall be published on the 188 Building Code Information System. The form shall, at a minimum, 189 require the following: 190 a. The name and address of the county or municipality in 191 which provisions of the Florida Building Code or the Florida 192 Accessibility Code for Building Construction are being 193 interpreted. 194 b. The name and address of the local building official who 195 has made the interpretation being appealed. 196 c. The name, address, and telephone number of the 197 petitioner; the name, address, and telephone number of the 198 petitioner’s representative, if any; and an explanation of how 199 the petitioner’s substantial interests are being affected by the 200 local interpretation of the Florida Building Code or the Florida 201 Accessibility Code for Building Construction. 202 d. A statement of the provisions of the Florida Building 203 Code or the Florida Accessibility Code for Building Construction 204 which are being interpreted by the local building official. 205 e. A statement of the interpretation given to provisions of 206 the Florida Building Code or the Florida Accessibility Code for 207 Building Construction by the local building official and the 208 manner in which the interpretation was rendered. 209 f. A statement of the interpretation that the petitioner 210 contends should be given to the provisions of the Florida 211 Building Code or the Florida Accessibility Code for Building 212 Construction and a statement supporting the petitioner’s 213 interpretation. 214 g. Space for the local building official to respond in 215 writing. The space shall, at a minimum, require the local 216 building official to respond by providing a statement admitting 217 or denying the statements contained in the petition and a 218 statement of the interpretation of the provisions of the Florida 219 Building Code or the Florida Accessibility Code for Building 220 Construction which the local jurisdiction or the local building 221 official contends is correct, including the basis for the 222 interpretation. 223 3. The petitioner shall submit the petition to the local 224 building official, who shall place the date of receipt on the 225 petition. The local building official shall respond to the 226 petition in accordance with the form and shall return the 227 petition along with his or her response to the petitioner within 228 5 days after receipt, exclusive of Saturdays, Sundays, and legal 229 holidays. The petitioner may file the petition with the 230 commission at any time after the local building official 231 provides a response. If no response is provided by the local 232 building official, the petitioner may file the petition with the 233 commission 10 days after submission of the petition to the local 234 building official and shall note that the local building 235 official did not respond. 236 4. Upon receipt of a petition that meets the requirements 237 of subparagraph 2., the commission shall immediately provide 238 copies of the petition to the panel, and the commission shall 239 publish the petition, including any response submitted by the 240 local building official, on the Building Code Information System 241 in a manner that allows interested persons to address the issues 242 by posting comments. 243 5. The panel shall conduct proceedings as necessary to 244 resolve the issues; shall give due regard to the petitions, the 245 response, and to comments posed on the Building Code Information 246 System; and shall issue an interpretation regarding the 247 provisions of the Florida Building Code or the Florida 248 Accessibility Code for Building Construction within 21 days 249 after the filing of the petition. The panel shall render a 250 determination based upon the Florida Building Code or the 251 Florida Accessibility Code for Building Construction or, if the 252 code is ambiguous, the intent of the code. The panel’s 253 interpretation shall be provided to the commission, which shall 254 publish the interpretation on the Building Code Information 255 System and in the Florida Administrative Register. The 256 interpretation shall be considered an interpretation entered by 257 the commission, and shall be binding upon the parties and upon 258 all jurisdictions subject to the Florida Building Code or the 259 Florida Accessibility Code for Building Construction, unless it 260 is superseded by a declaratory statement issued by the Florida 261 Building Commission or by a final order entered after an appeal 262 proceeding conducted in accordance with subparagraph 7. The 263 prevailing party is entitled to the recovery of all attorney 264 fees accrued from the losing party. 265 6. It is the intent of the Legislature that review 266 proceedings be completed within 21 days after the date that a 267 petition seeking review is filed with the commission, and the 268 time periods set forth in this paragraph may be waived only upon 269 consent of all parties. 270 7. Any substantially affected person may appeal an 271 interpretation rendered by the panel by filing a petition with 272 the commission. Such appeals shall be initiated in accordance 273 with chapter 120 and the uniform rules of procedure and must be 274 filed within 30 days after publication of the interpretation on 275 the Building Code Information System or in the Florida 276 Administrative Register. Hearings shall be conducted pursuant to 277 chapter 120 and the uniform rules of procedure. Decisions of the 278 commission are subject to judicial review pursuant to s. 120.68. 279 The final order of the commission is binding upon the parties 280 and upon all jurisdictions subject to the Florida Building Code 281 or the Florida Accessibility Code for Building Construction. 282 8. The burden of proof in any proceeding initiated in 283 accordance with subparagraph 7. is on the party who initiated 284 the appeal. 285 9. In any review proceeding initiated in accordance with 286 this paragraph, including any proceeding initiated in accordance 287 with subparagraph 7., the fact that an owner or builder has 288 proceeded with construction may not be grounds for determining 289 an issue to be moot if the issue is one that is likely to arise 290 in the future. 291 292 This paragraph provides the exclusive remedy for addressing 293 requests to review local interpretations of the Florida Building 294 Code or the Florida Accessibility Code for Building Construction 295 and appeals from review proceedings. 296 Section 3. Section 559.956, Florida Statutes, is amended to 297 read: 298 559.956Registrations andTransfers of heating, 299 ventilation, and air-conditioning system manufacturer 300 warranties; required contractor documentation.— 301 (1) If a residential real property that includes a heating, 302 ventilation, and air-conditioning (HVAC) system as a fixture to 303 the property is conveyed to a new owner on or after July 1, 304 2024, a manufacturer’s warranty in effect on that system or a 305 component of that system: 306 (a) Is automatically transferred to the new owner; and 307 (b) Continues in effect as if the new owner was the 308 original purchaser of such system or component, as applicable. 309 (2) A warrantor continues to be obligated under the terms 310 of a manufacturer’s warranty agreement for a warranty 311 transferred under this section and may not charge a fee for the 312 transfer of the warranty. 313 (3) The transfer of a manufacturer’s warranty under this 314 section does not extend the remaining term of the warranty. 315 (4) A manufacturer’s warranty of an HVAC system or a 316 component of the system may not be in any way conditioned upon 317 the product registration. 318 (5) This section applies if: 319 (a) A sale of a residential property that includes an HVAC 320 system as a fixture to the property occurs on or after July 1, 321 2024. 322 (b) A manufacturer’s warranty is still in effect on the 323 HVAC system or a component of the system.A manufacturer’s324warranty for an HVAC system is deemed registered with the325manufacturer if a contractor licensed under part I of chapter326489:327(a)Installs the new HVAC system; and328(b)Provides the manufacturer of the HVAC system with the329date of the issuance of the certificate of occupancy for330installations relating to new construction, or the serial number331of the HVAC system for installations relating to existing332construction, as applicable.333(5)A contractor licensed under part I of chapter 489 who334installs a new HVAC system must document the installation335through an invoice or a receipt and provide the invoice or336receipt to the customer.337 Section 4. Section 559.957, Florida Statutes, is created to 338 read: 339 559.957 Registration of heating, ventilation, and air 340 conditioning systems; prohibition against warranty conditioned 341 upon registration.— 342 (1) The full length of a manufacturer’s, distributor’s, or 343 retailer’s warranty of a heating, ventilation, and air 344 conditioning (HVAC) system or any component of the system is 345 effective in this state on the date of installation if installed 346 by a contractor licensed under part I of chapter 489. 347 (2) If a manufacturer, distributor, or retailer of an HVAC 348 system or any component of the system provides a warranty or 349 product registration card or form, or an electronic, online 350 warranty or product registration form, the card or form must 351 contain the following information, displayed in a clear and 352 conspicuous manner: 353 (a) The card or form is for the product registration. 354 (b) Failure to complete and return the card or form does 355 not diminish any warranty rights or decrease the warranty 356 length. 357 (3) Any offered manufacturer’s, distributor’s, or 358 retailer’s warranty of an HVAC system or a component of the 359 system may not be in any way conditioned upon the product 360 registration. 361 Section 5. This act shall take effect July 1, 2024.