HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 89 Building Construction
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee,
Maggard
TIED BILLS: IDEN./SIM. BILLS: SB 512
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 14 Y, 0 N, As CS Larkin Anstead
Subcommittee
2) Local Administration, Federal Affairs & Special 15 Y, 0 N Burgess Darden
Districts Subcommittee
3) Commerce Committee 17 Y, 0 N, As CS Larkin Hamon
SUMMARY ANALYSIS
Class A air-conditioning contractors and mechanical contractors, licensed by the Construction Industry Licensing
Board, are allowed to work on central air-conditioning, refrigeration, heating, and ventilating systems. These
services include installing, disconnecting, or reconnecting power wiring on the load side of the dedicated existing
electrical disconnect switch. Currently, an electrical contractor license is required to work on the line side.
The bill:
Allows class A air-conditioning contractors and mechanical contractors to work on power wiring,
breakers, or fuses on the line side of the dedicated existing electrical disconnect switch.
The Florida Building Code is administered and enforced by local governments through the issuance of permits
and completion of inspections by local building officials. Permits are generally issued prior to starting
construction projects, but after plans are reviewed by local building officials. A local enforcing agency must
identify the specific plan features that do not comply with the Building Code whenever a permit is denied.
Currently, there is no similar requirement for fire safety officials related to the Fire Prevention Code.
Current law is not clear on whether local governments must notify permitholders about the specific reasons
why the buildings plans do not comply with the Building Code or the Fire Prevention Code if they make or
require substantive changes to building plans after the permit is issued.
The bill:
Prohibits a local government from making substantive changes to plans after a permit has been issued
unless such changes are required under the Building Code, or Fire Prevention Code.
Requires any changes a local government makes to plans after a permit has been issued to identify
the specific parts of the plan that do not conform to the applicable code in writing.
Requires a building official or inspector who asks another person or employee other than a building
official, plans examiner, or inspector to review the building plans to notify the local government if such
person or employee determines the plans do not comply with the Building Code.
Requires a local fire official to notify the permit applicant of specific reasons why plans do not comply
with the Fire Prevention Code.
Allows a plans examiner, inspector, building official, or fire safety inspector to have their certificate
disciplined for failure to notify the appropriate person of the reasons for making substantive changes to
building plans.
The bill does not appear to have a significant fiscal impact on local or state governments.
The bill provides an effective date of July 1, 2023.
FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Class A Air-Conditioning Contractors and Mechanical Contractors – Current Situation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
various businesses and professionals in Florida, including construction contractors. Construction
contractors are certified or registered and regulated by the Construction Industry Licensing Board
(CILB).1
Certified contractors are allowed to practice their specific license category in any jurisdiction in the
state.2 Two of the HVAC3 license categories are Class A air-conditioning contractors and mechanical
contractors.
To be eligible for licensure as a Class A air-conditioning or mechanical contractor, an applicant must
complete the license application,4 pass the certification examination, and meet certain combinations of
education and experience, which consists of 4 to 5 years of college-level courses and/or HVAC work
experience.5
Class A air-conditioning contractors 6 and mechanical contractors may install, maintain, repair, fabricate,
alter, extend, or design, if not prohibited by law, central air-conditioning, refrigeration, heating, and
ventilating systems.7 These services include replacing, disconnecting, or reconnecting power
wiring on the load side of the dedicated existing electrical disconnect switch.8 Mechanical contractors
may also work on completing the piping and duct work in connection with the complete HVAC and gas
system, but may not work on potable water lines.9
Generally, before working on the HVAC unit, an HVAC contractor is required to obtain a building
permit.10 After the work on the HVAC unit is finished, the HVAC contractor is required notify the building
official that the work is ready for inspection to close the permit. This process ensures that the HVAC
unit is properly installed in accordance with the Florida Building Code (Building Code). 11
HVAC Electrical Disconnect Switch Installation Requirements
1 S. 20.165, F.S, creates the divisions of Administration; Alcoholic Beverages and Tobacco; Certified Public Accounting;
Drugs, Devices, and Cosmetics; Florida Condominiums, Timeshares, and Mobile Homes; Hotels and Restaurants; Pari -
mutuel Wagering; Professions; Real Estate; Regulation; Service Operations; and Technology.
2 S. 489.105, F.S.
3 Heating, ventilation, and air conditioning.
4 Certified Class A Air Conditioning Contractor Application Requirements , Florida Department of Business & Professional
Regulation,
https://www.myfloridalicense.com/CheckListDetail.asp?S ID=& amp;xactCode=1030&clientCode=0601& XACT_D
EFN_ID=2940 (last visited March 3, 2023).
5 Application for Certified Class-A Air Conditioning Contractor as an Individual, p. 7, Florida Department of Business &
Professional Regulation, https://www.myfloridalicense.com/datamart/loginFLDBPR.do (last visited March 3, 2023);
Application for Certified Mechanical Contractor as an Individual, Florida Department of Business & Professional
Regulation, https://www.myfloridalicense.com/CheckListDetail.asp?S ID=&xactCode=1030&client Code=0606& XA CT_
DEFN_ID=3104 (last visited March 8, 2023)
6 Class B and Class C air-conditioning contractors are HVAC contractors with a limited scope.
7 S. 489.105(3)(f), F.S.
8 S. 489.105(3)(f), F.S.
9 S. 489.105(i), F.S.
10 S. 105.1 of the Seventh edition of the Florida Building Code (Building); see also, s. 489.126(1), F.S.
11 S. 110.1 of the Seventh edition of the Florida Building Code (Building).
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HVAC equipment or air-conditioning units are required to be installed in accordance with manufacturer
specifications, which include the electrical needs of such equipment as indicated on either the
equipment or in the manual. The Building Code requires that listed or labeled equipment be installed
and used in accordance with any instructions included in the listing or labeling, which includes rated-
load in amperes or rated-load current for the motor-compressor.12 This ensures the safety of both the
contractor and the premises. The manufacturer establishes values for a given load, rated voltage, and
rated frequency of the equipment it serves to ensure that the air conditioner disconnecting means
(usually a switch) and controller have proper interrupting capacities.13
The Building Code specifically requires compliance with the manufacturer’s nameplate markings.14 This
information is used to determine the rating or ampacity of the disconnecting means, the branch-circuit
conductors, the controller, branch circuit short-circuit and ground-fault protection, and the separate
motor overload protection. If the nameplate specifies fuses only, substitution of a listed circuit breaker is
a violation of the Building Code and the manufacturer’s warranties.
A disconnecting means is required to be located “within sight from and readily accessible” from the air-
conditioning equipment15, which is usually located on a concrete pad outside the dwelling or structure,
under the building in a crawl space, or mounted on a rooftop.16 This disconnecting means can be
installed on or within the air-conditioning equipment itself.17
Sufficient working space in the direction of access to the equipment, or the part of the equipment, that
is likely to be worked on while there are live, exposed parts, must be provided in accordance with the
Building Code to access the disconnecting means for purposes of examination, adjustment, servicing,
or maintenance while energized. The purpose is to provide a ready and visible means of disconnection
for the person who will service or repair the equipment. Safe access must also be provided to the
control equipment within the unit at the time the equipment is being installed or serviced. It is common
for service persons to examine or test HVAC equipment while it is energized. 18
HVAC Electrical Disconnect Switch Components
The line side consists of upstream components and wires coming from the main power source that
supply power. It always carries current when there is power supply from the power source . The
load side consists of downstream components and wires that take the electrical current and supply it to
other electric devices. It only carries current when the switch is turned on, signaling a closed circuit
that allows current to flow through.19
Below is an illustration of the “load” and “line” sides of an HVAC breaker:20
12 S. 301.10 of the Seventh edition of the Florida Building Code, Mechanical (Building) (“Electrical wiring, controls and
connections to equipment and appliances regulated by this code shall be in accordance with National Fire Protection
Association (NFPA) 70”); see also, 440.4 of NFPA 70 (2023 ed.).
13 S. 440.11 of NFPA 70 (2023 ed.) (“Disconnecting means shall be capable of disconnecti ng air-conditioning and
refrigerating equipment, including motor-compressors and controllers, from the circuit conductors. If the disconnecting
means is readily accessible to unqualified persons, any enclosure door or hinged cover of a disconnecting means
enclosure that exposes energized parts when open shall require a tool to open or be capable of being locked.”); see also,
Keith Lofland, International Association of Electrical Inspectors Magazine, Air-Conditioning Equipment Installations,
https://iaeimagazine.org/2017/julyaugust-2017/air-conditioning-equipment-installations/ (last visited March 3, 2023).
14 Id.
15 S. 440.14 of NFPA 70 (2023 ed.).
16 Typically, a locking type of disconnecting means located out of sight from the unit is not acceptable. Id.
17 Keith Lofland, International Association of Electrical Inspectors Magazine, Air-Conditioning Equipment Installations,
https://iaeimagazine.org/2017/julyaugust-2017/air-conditioning-equipment-installations/ (last visited March 3, 2023).
18 Id.
19 Alex Klein, How to Identify Line and Load Wires, Electro University (Aug. 16, 2022), https://electrouniversity.com/how-
to-identify-line-and-load-wires/, (last visited Feb. 14, 2023).
20 See Assured Electrical, Just Answer, https://ww2-secure.justanswer.com/uploads/AssuredElectrical/2012-05-
29_153354_240acdisconnect.gif. (last visited Feb. 27, 2023).
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A dedicated circuit has its own circuit breaker and only supports one outlet, which means only one
electrically powered device can draw voltage from that circuit at any given time .21 A disconnect
switch is used to isolate electrical circuits by interrupting the flow of electrical current. By quickly
stopping the flow of power, disconnect switches allow for emergency shutdowns, switching to alternate
power sources, and maintenance.22
There are several circuit breakers in the main electrical panel, also known as a breaker box or main
panelboard. One of those circuit breakers goes to the outside air-conditioning unit and then runs
to a dedicated existing electrical disconnect switch for the unit.23
A circuit breaker and a fuse are both designed to interrupt the flow of electricity, but they operate
through different mechanisms. The fuse works as a piece of metal that melts down when overheated,
and a circuit breaker works by operating a switching mechanism when an overflow of electricity is
detected. Circuit breakers generally have a higher breaking capacity than fuses. 24
Differences Between Voltage and Amperage
21 Harrison Electric, Inc. Dedicated Circuits: What They Are & How to Determine If You Need Them, Aug. 16, 2021,
https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what -they-are-how-to-determine-if-you-need-them (last
visited Mar. 3, 2023)
22 Bisco Industries, What is a Disconnect Switch?, https://press.biscoind.com/2016/08/18/what-is-a-disconnect-switch/
(last visited Mar. 3, 2023).
23 Russell E. Smith, “Installation of Heating, Cooling, and Refrigeration Systems.” Electricity for Refrigeration, Heating, and
Air Conditioning, 10th ed., Cengage Learning, Boston, MA, 2018, p. 18 (explaining a disconnect switch allows a contractor
to disconnect the power source to the heating, cooling, and refrigeration equipment being worked on). The Florida
Building Code requires that a 125-volt, 15- and 20-ampere receptacle for servicing air-conditioning and refrigeration
equipment is to be located not less than 7.5 m (25 ft) from, and on the same level as, the equipment itself. The receptacle
must be in a readily accessible location from the equipment and must be GFCI-protected as applicable to outdoor
receptacles at dwelling occupancies.)
24 Hi-Lite Electric, Inc., What’s the Difference Between Fuses and Circuit Break ers?, Aug. 26, 2019, https://hi-
liteelectricinc.ca/about-us/blog/power-surges/whats-difference-fuses -circuit-breakers/ (last visited Mar. 4, 2023).
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Although voltage and amperage are both measurements of electricity, they measure different aspects
of electricity. Amperage is the flow of the electric current. Voltage is the pressure of the electric current.
These are both needed to generate power.25
𝑃𝑜𝑤𝑒𝑟 = 𝐴𝑚𝑝𝑒𝑟𝑎𝑔𝑒 (𝐹𝑙𝑜𝑤) 𝑥 𝑉𝑜𝑙𝑡𝑎𝑔𝑒 (𝑃𝑟𝑒𝑠𝑠𝑢𝑟𝑒)
For example, an air conditioner requires approximately 15 to 60 amps.26 In regard to danger to people,
the amperage, not voltage, is the most determinant factor in causing injury or fatality. 27 The amount of
time that a person is exposed to the electric current is also a factor. 28
Line Side Work in Florida
While Class A air-conditioning contractors and mechanical contractors may work on the load side, they
cannot install, disconnect, or reconnect power wiring on the line side 29 of the dedicated existing
electrical disconnect switch.30 Only a licensed electrical contractor can work on the line side.31
Therefore, Class A air-conditioning contractors and mechanical contractors have to refer work on the
line side to an electrical contractor, which causes Class A air-conditioning contractors and mechanical
contractors to stop their work until an electrical contractor completes this portion.
Line Work and Contractor Certification in Other States
HVAC licensing requirements and specialty categories differ from state to state. 32 Most states limit
HVAC contractors to work on the load side.33
For example, in North Carolina, licensed HVAC contractors may work on the load side, but not on the
line side,34 and all licensed HVAC contractors are required to perform a room-by-room load calculation
for all newly installed residential structures prior to installing heating systems, air conditioning systems,
or both.35 In Hawaii, an HVAC contractor is allowed to put together and install HVAC units including, but
not limited to, piping, and controls, but are not allowed to work on the electrical controls. 36 Some other
states specifically require licensing as an electrical contractor to work on HVAC systems, such as
Washington state.37
25 Electricity Explained Simple: The Difference between Voltage, Amperage and Power, YouTube, Solar Solution, (Apr. 9,
2021), https://www.youtube.com/watch?v=CA1Y9PkHk r0 (last visited March 5, 2023).
26 Edwin Jones, How Many AMPS Does an Air Conditioner Use?, Galvin Power (Mar. 1, 2023),
https://www.galvinpower.org/how-many -amps -does-an-air-c onditioner-use/ (last visited March 5, 2023).
27 “While any amount of current over 0.01 amp is capable of producing painful to severe shock, currents between 0.1 to
0.2 amp are lethal.” The Fatal Current, The Ohio State University College of Arts and Sciences, https://www.asc.ohio-
state.edu/physics/p616/safety/fatal_current.html (last visited March 5, 2023).
28 Akash Peshin, How Much Current Can the Human Body Withstand?, Science ABC (Nov. 12, 2021),
https://www.scienceabc.com/humans/how-many-volts-amps-kill-you-huma