Category: Construction Related

The Florida Legislature has delayed the effective date of certain sections of the Florida Building Code, 5th edition until June 30, 2016. (http://laws.flrules.org/2015/222)

The included sections are:

a. R402.4.1.2 of the Energy Volume relating to mandatory blower door testing for residential buildings;
b. 403.6.1 of the Building Volume requiring a second fire service access elevator; and
c. R303.4 of the Residential Volume requiring mechanical ventilation for residential buildings.

Effective September 15, 2015 EPA will no longer offer the option to submit firm certification applications by mail.  After that date all firm applications, payments, updates and certificate replacement requests will be done online.  This change is part of an Agency effort to decrease cost and increase efficiency.  The option to submit firm applications online has been available for some time; currently 85% of applications are submitted in this manner.  Acceptable methods for payments online include credit card, debit card, or electronic check.

Maximum Workers’ Compensation Rate, Effective January 1, 2015
The Florida Department of Economic Opportunity has determined the statewide average weekly wage paid by employers subject to the Florida Reemployment Assistance Program Law to be $841.57 for the four calendar quarters ending June 30, 2014.

Contractors have a statutory duty to notify residential property owners of the Florida Homeowners’ Construction Recovery Fund.

The requirement is found at section 489.1425, F.S., and states that any agreement or contract for repair, restoration, improvement, or construction to residential real property must contain a written statement explaining the consumer’s rights under the recovery fund. An exception is available where the value of all labor and materials does not exceed $2,500.

The written statement must be substantially in the following form:

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS.

The notice must include the board’s address and telephone number.

Contractors may pay a fine of up to $500 for a first violation of the statute and up to $1,000 per violation thereafter and the money received from fines must be deposited into the recovery fund.

Certified irrigation specialty applicants may use their experience in irrigation system construction to qualify for licensure, but are required to pass the state certified irrigation specialty contractors’ examination.  The first state irrigation specialty examination will be administered April 16th and 17th, 2013. For more information on scheduling to take the state examination please visit the Department’s Bureau of Education and Testing website or call 850.488.5952.

61G4-15.035 Certification of Irrigation Specialty Contractors.

(1) The purpose of this rule is to provide for the voluntary certification of irrigation specialty contractors.

(2) Definition. An irrigation specialty contractor is a contractor whose contracting business consists of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, manage, monitor, audit, or, if not prohibited by law, design irrigation systems. An irrigation specialty contractor may install, maintain, repair, alter, extend, manage, monitor, audit, or, if not prohibited by law, design irrigation systems, including any excavation work incidental thereto. An irrigation system includes all: piping; fittings; sprinklers; drip irrigation products; valves; irrigation controllers; control wiring; rain sensors; water pumps; water conservation devices; water harvesting systems; irrigation main lines downstream of a utility potable water meter or utility alternative water supply distribution line and dedicated backflow prevention device; and associated components installed for the delivery and application of water for the purpose of irrigation. Nothing in this rule shall be deemed to restrict or limit in any manner the scope of work authorized by law of other contractor classifications.

(3) Certification Procedures and Fees. Certification procedures and fees for Irrigation Specialty Contractors shall be the same as those provided for the certification of other contractors as set forth in Sections 489.109, 489.111, 489.113, 489.114, 489.115 and 489.116, F.S., and related rules.

(4) Irrigation systems used for agricultural purposes shall not be included within the scope of this rule.

Rulemaking Authority 455.213, 489.108 FS. Law Implemented 489.105(3)(q), 489.113(6), 489.115, 489.116, 489.117, 489.118 FS. History–New 2-13-13.

The Construction Industry Licensing Board has developed a new specialty license for the repair and servicing of residential swimming pools, hot tubs or spas. The scope of work permitted to be performed by a residential pool/spa servicing specialty contractor can be found in Rule 61G4-15.040, Florida Administrative Code.

EPA has extended the training expiration date for many certified renovators. This was done so if the proposed changes of January 2015 are finalized, many more renovators will be able to take advantage of those changes. Affected expiration dates are based on when the previous course was taken (see table below).

Note: The extensions do not apply to firm certifications.

Renovator Training Expiration Information
Date course completed	Expiration
On or before March 31, 2010	March 31, 2016
From April 1, 2010 – March 31, 2011	6 years from the date of course completion
On or after April 1, 2011	No extension provided – Expiration is 5 years from the date of course completion

Renovator certification is typically for 5 years from the date of course completion. However, in 2009, EPA extended the 5-year certification of renovators who took an EPA accredited renovator training before April 22, 2010 until July 1, 2015. The extension ensured that renovators who received training early, before the regulations work practice standards were effective, weren’t penalized for doing so. Renovators seeking re-certification who complete a 4-hour refresher training before the expiration of their current certification are certified for a period of five years from the date they complete the refresher course, not from the date of expiration of their previous certification. Renovators will have to take the 8-hour course if they fail to take the refresher training before the expiration of their current certificate.

New License…

The Construction Industry Licensing Board has developed a new specialty license for the repair and servicing of residential swimming pools, hot tubs or spas. The scope of work permitted to be performed by a residential pool/spa servicing specialty contractor can be found in Rule 61G4-15.040, Florida Administrative Code.

Previously, most contractors providing such services were required to obtain a certified pool/spa servicing contractor’s license under s. 489.105(3)(l), F.S., which required experience in servicing and repair of both residential and commercial pools. Many contractors who specialized in the repair and servicing of only residential pools, spas and hot tubes were unable to obtain licensure or were required to obtain local competency cards in each local jurisdiction. The CILB developed the certified residential pool/spa servicing specialty contractor category to permit licensure of these contractors on a state wide basis.