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CPSC releases state guidelines for VGB Act grant eligibility
By Jennifer Hatfield, FSPA Director of Gorvernment & Public Affairs
During March and April, the Consumer Product Safety Commission (CPSC) released multiple new documents approved by the commission regarding the federal Virginia Graeme Baker Pool & Spa Safety Act (VGB Act). FSPA first reported in March, in its electronic newsletter Springboard that the CPSC adopted the APSP language on unblockable drains and approved a rule interpreting what was considered a "public accommodations facility" for purposes of the VGB Act.
The CPSC has now released its guidelines outlining the minimum requirements that states would have to meet before becoming eligible for federal grant monies under the VGB Act. These guidelines can be found in the CPSC final technical guidance document on section 1406 of the VGB Act and within the model state legislation the CPSC has provided, both of these documents can be obtained at http://poolsafety.gov/officials.html
The CPSC and CDC (Centers for Disease Control and Prevention) have also just announced that the VGB Act State Grant program is now accepting applications, the deadline for a state to apply is May 28. The CDC is administering the grant process for the CPSC. The minimum eligibility criteria for any state applying for a VGB Grant, requires the state to have a statute calling for all pools and spas (existing and new construction) to be equipped with barriers and entrapment prevention devices.
Minimum barrier requirements follow what is currently in the Florida Barrier Law - proper fences and gates, approved alarms or self-closing latches if using a dwelling wall, and portable spas may use an approved lockable cover. Minimum entrapment prevention devices include multiple drain systems, a safety vacuum release system, a suction-limiting vent system, a gravity drainage system, an automatic pump shut-off system, an unblockable drain cover, or drain disablement. Portable spas certified to UL 1563 are considered compliant with the VGB Act. In short, properly built dual drains, no drains, an unblockabe drain cover, or a single drain with an additional device such as an SVRS are all considered compliant. All drains must have a VGB compliant drain cover as well.
At this time it does not appear there is any state that would be eligible for a grant. Although many states, like Florida, require new construction to meet the minimum requirements set out in the VGB Act, at this time there is no state with a blanket requirement on residential existing pools and spas. Unfortunately, the logistics of how to enforce such provisions are difficult. However, FSPA looks forward to working with regulators on finding mechanisms that could trigger compliance on existing pools and spas. In the interim, FSPA encourages all contractors to educate homeowners on the importance of making sure their pool or spa has installed systems that protect against drowning and entrapment per the VGB Act minimum guidelines provided by the CPSC.
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New Faces in Congress and Florida House
By Kari Hebrank, FSPA Lobbyist
Former Florida Senator Ted Deutch (D) was sworn into Congress on April 15 by Speaker Pelosi after winning a special election on April 13. Deutch replaces former congressman Robert Wexler in Congressional District 19 who resigned his seat to work in a think tank. Deutch's departure leaves the Florida Senate with 26 Republicans, 13 Democrats and one vacancy.
Additionally, on April 15, Matt Gaetz (R) was sworn in the Florida House to replace former House Speaker Ray Sansom who was forced to resign amid allegations of steering state appropriations to North Florida Community College in exchange for a high-paying position and for allocating state dollars to a private airport hangar benefiting a campaign supporter. Gaetz is the son of Senator Don Gaetz. FSPA co-hosted a fundraiser with the Florida Building Material Association for Matt Gaetz in March that raised over $30K for the candidate.
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2010 Legislative Session Overview
By Kari Hebrank, FSPA Lobbyist
As we head into the final two weeks of the 2010 Regular Session, there are several issues that still must be addressed, most notably the state budget. The Senate budget plan is approximately $2 billion more than the House proposal and it utilizes $880 million expectant dollars from the federal government for Medicaid assistance, which the House plan does not include; instead, the House plan strips over $460M from the Transportation Trust Fund and another $250+M from the Affordable Housing Trust Fund. Budget conferees are expected to meet over the weekend.
An agreement has been reached on the gaming compact and the Senate passed the plan on April 15 by a vote of 29-9; the House is also expected to approve the measure which will mean a minimum $1 billion to the state over the next five years, with $437.5 million this budget year. The chambers also differ on how to reform the state's Medicaid program, with the House taking more of a forced managed-care approach. Education reform, including asking the voters to re-calculate the class size amendment formula, teacher merit pay and increased graduation standards have been sent to the Governor for his approval. Notably, on April 15 Governor Crist vetoed the teacher merit pay legislation (SB 6) much to the surprise of his Republican supporters. The House unveiled an energy bill that focuses on economic incentives and the Senate was supposed to unveil their proposal but committee time expired before the bill could be heard and both sides discussed differing recycling proposals to increase recycling by the commercial sector. Other bills of interest are outlined below.
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Construction industry successful in fight to remove Merkley healthcare provision
By Jennifer Hatfield, FSPA Director of Government & Public Affairs
In December, FSPA alerted members to a provision that was quietly inserted into the Senate version of the healthcare bill on Christmas Eve. This provision, known as the Merkley amendment, was inserted by Sen. Jeff Merkley (D-OR) and would have arbitrarily singled out the ailing construction industry, excluding them from the broader small business exemption in the bill. If this provision had not been removed, construction industry businesses with more than five employees and a payroll of $250,000 would have been required to provide healthcare to its employees. All other small businesses have a 50 employee exemption.
However, after many organizations rallied against this provision that targeted the industry, the provision was removed from the final bill that the President signed into law. The construction industry will have the same 50 employee exemption that all other industries have under the new healthcare legislation. To read the Pool & Spa News story on this important victory go to www.poolspanews.com/2010/041/041n_bullet.html. |
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2010 Florida Building Code Cycle
An update on code proposals submitted
By Jennifer Hatfield, FSPA Director of Government & Public Affairs
The deadline to submit proposals for the 2010 Florida Building Code cycle was April 2. FSPA made submissions which can be viewed by going to www.floridabuilding.org, clicking on the Proposed Code Modifications, then Find a Proposed Code Modification, and under Search Criteria type Jennifer Hatfield. A total of 12 code proposals were submitted by FSPA and by clicking on each one you can read the entire submitted proposal. A summary of what was submitted follows:
- Four Proposals were submitted relating to the UL 2017 pool alarm standard. Two remove inconsistencies between the Florida Building Code and UL 2017 standard, and two reference the updated revision of the UL 2017 alarm standard.
- Two Proposals were submitted to clean up references to the ANSI/APSP standards and revise the ANSI/APSP-5 standard to the updated re-write, which should be completed in time for the TAC hearings.
- Six pool/spa energy related proposals were submitted; they revise the 2009 IECC language to include the Florida legislative pool/spa requirements, make changes to the pool cover requirements currently in the code, and insert the draft APSP-15 (residential pool energy efficiency standard) and the draft APSP-14 (portable spa energy efficiency standard) as compliance documents to meet the new legislative requirements.
A total of over 900 proposed code modifications were submitted for the 2010 Florida Building Code, 26 of these proposals relate in some ways to swimming pools and spas. In addition to the 12 FSPA submitted proposals, the following swimming pool/spa related modifications were submitted by other parties:
- Two proposals make clarifications to resolve issues with fixture requirements and panic hardware requirements when dealing with commercial pools. One proposal prevents adding unnecessary fixtures to a building that only serves a swimming pool and the other clarifies that panic hardware is not required on outdoor swimming pool fencing gates.
- Four proposals provide requirements for pools built in flood hazard areas. These proposals stem from recommendations made in 2009 by the FBC Flood Resistant Standards Workgroup and were previously reviewed by FSPA members.
- Three proposals provide for requirements on existing residential pools and spas. The proposals limit existing residential pools and spas that are having alterations made from having to comply with all the requirements of the code. The proposals only require the pool and spa circulation components to be brought up to current code, in accordance with Chapter 41. It appears the language would only require existing residential pools and spas to comply with the ANSI/APSP-7 Suction Entrapment Avoidance Standard when undergoing some sort of alteration, repair or renovation. Compliance with current barrier requirements would not be required.
- One proposal has been submitted to remove the Florida specific language that exempts one and two family dwellings from the GFCI protection requirement for pool pump motors.
- Five other proposals have been submitted that do not appear to have a direct impact on swimming pool and spa code requirements; however, these proposals make changes that include requirements surrounding pools and spas:
- One proposal restores the International Energy & Conservation Code language regarding air ventilation requirements.
- One proposal renumbers Chapter 4, Building Code sections in order to retain language from the ICC base code - the affect would move pool and spa requirements from section 424 to section 435.
- Three proposals make changes related to the coastal construction control line requirements - they appear to only clean up the language to make it clearer for interpretation purposes.
The next step in the code cycle process is the open comment period that starts May 1 and concludes on June 15. The comment period is an opportunity for the public to comment on any of the 900 plus code proposals that have been submitted. During the month of May, FSPA will be reviewing the swimming pool/spa related proposals to determine if any comments will be submitted by the Association before the deadline. Anyone wishing to provide FSPA with input on any of the submitted proposals should contact the FSPA office or email Jennifer@floridapoolpro.com. Beginning in August, the Technical Advisory Committees of the FBC will review and vote on submitted proposals, with the full commission reviewing TAC recommendations in December. The 2010 Florida Building Code expected implementation date is December 31, 2011.
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Hometown Democracy - Vote NO on Amendment 4
Watch and share a video on what Amendment 4 would mean for Florida
No issue on the November 2010 ballot is more important to the construction industry than Amendment 4. This amendment to the Florida Constitution would require voter approval of development proposals that conflict with already-established local growth management plans. In this tough economy, the last thing Florida needs is an irresponsible amendment that will cost jobs, raise taxes and make it more expensive to live in our state. Share this message with your employees, business associates and friends - ask voters to vote NO on Amendment 4 in November.
View the video by clicking on this link www.florida2010.org/ |
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Rally in Tally to Save Transportation Dollars
By Kari Hebrank, FSPA Lobbyist
On April 20 at 1:00 p.m. representatives of the Florida Transportation Builders Association, Floridians for Better Transportation, the Florida Chamber and other statewide construction industry and business groups will join together at the state Capitol to "rally" against the proposed $460M raid on the State Transportation Trust Fund that funds road construction projects. FSPA members are encouraged to join the fight by contacting their local legislators and urging them to preserve state transportation dollars.
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Automatic Service Renewal
S.B. 1332 by Justice / H.B. 751 by McBurney By Kari Hebrank, FSPA Lobbyist
STATUS: Surprisingly, SB 1332 was withdrawn from S. Banking & Insurance on April 16 and will be heard in S. Judiciary on April 19. HB 751 is now on Second Reading on the House Calendar. FSPA is working with the Alarm Association to draft amendments for the S. Judiciary meeting to exempt industry under Chapter 489 and Chapter 633 or alternatively allow consumers to sign a waiver to not receive the required automatic renewal notice.
CALL TO ACTION: FSPA members should contact their local legislators and express concerns with SB 1332 and HB 751.
BILL INFORMATION:
Once again, legislation has been filed to address the automatic renewal of service contracts, an issue FSPA has successfully defeated the past two years. The bills require clear and conspicuous disclosure of automatic renewal provisions in service contracts if the provision renews the contract for longer than one month and if the provision extends the contract beyond 6 months from the date of the initial contract.
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| Building Safety
S.B. 648 by Bennett / H.B. 663 by Aubuchon
By Kari Hebrank, FSPA Lobbyist
STATUS: On April 7, SB 648 passed S. Community Affairs with FSPA's "filtration" language added and was subsequently re-referenced to S. Military Affairs & Domestic Security due to the emergency generator/elevators in condominiums issue. FSPA is working to have SB 648 withdrawn from Military Affairs & Domestic Security with the promise of removing the emergency generator language which is addressed in another bill. HB 663 was referred to H. Education & Economic Development Appropriations and will be heard on April 19.
BILL INFORMATION:
SB 648 by Sen. Bennett (R-Bradenton) and companion HB 663 by Rep. Aubuchon (R-Cape Coral) are intended to streamline building code and product approval functions, eliminate duplicative regulations, and bring "common sense" to various building safety regulations. Importantly for FSPA members, the bills include revisions to the energy efficiency requirements for swimming pool appliances. Specifically, the bills include FSPA's legislative initiatives to:
- Amend the temporary period that a pool pump motor's default circulation speed is allowed to be on high speed override from the current 120 minutes to a 24-hour standard;
- Clarify the energy efficiency provisions that apply to commercial and residential swimming pool heaters, and residential pool pumps and pool pump motors;
- Add "manufactured on or after July 1, 2011," rather than the current "sold after July 1, 2011" as to the effective date for the new efficiency standards.
Other highlights of the proposal are:
- Creates a streamlined product approval process, reducing the timeline from 4 months to 10 business days;
- Provides an expedited process for fire code interpretations;
- Provides for equivalency code standards to be incorporated expeditiously rather than delayed for the 3 -year code cycle;
- Provides that heat sensors and electronic sensor updates for existing elevators may not be enforced on elevators in condominiums until such time as the elevator is replaced;
- Allows for uniform lock box that contains the keys to all elevators in a building which allow public access in lieu of re-keying the elevators;
- Grants rule authority for commission relative to establishing voting requirements, such as super majority, for commission actions;
- Provides for alternative plan review and inspection process for certain inspections;
- Allows for payment of fees for product approval to be made directly to the program administrator and specifies that fees paid by product manufacturers only fund product approval system;
- Adds the International Association of Plumbing & Mechanical Officials to the statutory list of approved evaluation services;
- Clarifies the carbon monoxide alarm requirements;
- Eliminates the 5-year inspection by engineers of condominium improvements;
- Authorizes the commission to charge a fee for accessibility waivers, non-binding interpretations and declaratory statements;
- Includes additional options for energy efficiency of buildings and swimming pool appliances;
- Includes provisions relating to the regulation of home inspectors, mold assessors and mold remediators;
- Specifies the Code does not apply to temporary housing for prisoners; and,
- Authorizes local governments to implement flood resistance regulations.
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| Fire Sprinklers - Residential Facilities
H.B. 7095 (formerly GAP 10-22) by H. Governmental Accountability Policy Committee and Rep. Schenck / S.B. 846 by Sen. Bennett
By Kari Hebrank, FSPA Lobbyist
STATUS: On April 7, HB 7095 passed the H. Economic Development & Community Affairs Committee by a vote of 14-0 and is now on the House Calendar on Second Reading. SB 846 unanimously passed S. Community Affairs on April 7 and passed S. Banking & Insurance on April 13 by a vote of 7-1, with Sen. Lawson casting the dissenting vote. Both bills now include provisions to prohibit residential resort rentals from having to install sprinkler systems.
HB 7095 and SB 846 would ban the Florida Building Commission from adopting code provisions mandating the installation of fire sprinklers in all one and two-family dwellings. Recently, the International Code Council adopted a fire sprinkler mandate for newly constructed homes as part of the International Residential Code (IRC), and since Florida uses the IRC as the base model code, the Florida Building Code would incorporate those same sprinkler mandates unless the Florida Building Commission by a required 75% majority of the 25- member body voted to overturn the code provision.
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Lien Law
H.B. 693 by Plakon / S.B. 1043 by Baker
By Kari Hebrank, FSPA Lobbyist STATUS: SB 1048 passed General Government Appropriations on April 13. The House companion still has not been heard in a House committee and with few committee meetings remaining, it appears the bill is dead. BILL INFORMATION: These bills purport to streamline the lien law notification process on residential construction projects to better inform consumers of their obligations to protect their lien rights while ensuring that payment bond information is recorded and available to the general public. The bills are currently being "massaged" to satisfy concerns expressed by both material suppliers and contractors. Specifically, the bills: - Allow permitting officials to reject notices of commencement (NOC) that are incomplete and/or illegible in order to reduce the number of NOC's filed improperly by parties other than the owner which can negatively impact the owner and other parties to a construction project.
- Raise thresholds for small projects that do not require notices of commencement, thus streamlining the process for owners, contractors and permit authorities when projects are small one-day projects or repairs that fall under these thresholds.
- Revise service provisions to be up-to-date with current USPS methods of mailing oversees, and allow lienors to complete incomplete address information in order to insure owners receive notices that are served.
- Require complete project information on all demands for information so that lienors, owners and contractors can respond to requests in a timely manner.
- Creates a statutory "General Statement of Owner's Rights and Responsibilities" that explains in plain language four steps owners should take to protect themselves from payment problems during the construction process. This information must be delivered to the owner and receipt acknowledged before a building permit can be applied for. This insures that owners actually receive the information and that they receive it before they commence a construction project.
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Renewable Energy / Wind-Resistance
H.B. 7179 (formerly EUP 10-03) by H. Energy & Utilities Policy Committee / S.B. 2322 by Sen. Bennett
By Kari Hebrank, FSPA Lobbyist STATUS: HB 7179 passed the H. Finance & Tax Council on April 9 and moved to General Government Policy Council on April 14 where the bill was unanimously approved. HB 7179 is now on Second Reading on the House Calendar. The companion, SB 2322 passed S. Finance & Tax on April 6 and travels to Policy & Steering Committee on Ways & Means on April 20.
These bills, referred to as "PACE" --which stands for Property Assessment Clean Energy--authorize local governments to finance renewable energy property improvements with non-ad valorem tax assessments and create energy improvement districts funded by non-ad valorem tax assessments or bonds. Local governments are authorized through local ordinance or resolution to create a program to provide up-front financing for energy conservation and efficiency, renewable energy, or wind-resistance improvements. A property owner may apply to the local government for funding to finance the improvements and voluntarily enter into a financial agreement with the local government. The qualifying improvement must be affixed to an existing building or facility that is part of the property and if the work requires a license, it must be performed by a properly licensed or certified contractor.
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Design Professionals - Liability
S.B. 1964 by Negron / H.B. 701 by Precourt
By Kari Hebrank, FSPA Lobbyist STATUS: SB 1964 passed S. Judiciary on April 7, was amended and passed the full Senate by a vote of 33-4 on April 16. Sen. Bennett had amendments to take residential construction out of the bill, however, he withdrew the amendments in deference to the bill sponsor. HB 701 passed Criminal Justice & Courts Policy Council by a vote of 14-1 and is now on Second Reading on the House Calendar.
These bills provide that malpractice or negligence for which licensed engineers, architects, surveyors and mappers, interior designers and landscape architects must cause personal injury or damage to property other than property that is subject to professional services. FSPA is concerned that these proposals shift the liability burden from the design professionals to the contractors on construction projects. FSPA is working with the Construction Coalition and the bill sponsors to arrive at a compromise solution that is workable for all parties.
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Economic Development - Jobs Bill
S.B. 1752 by Gaetz / H.B. 1509 by Weatherford
By Kari Hebrank, FSPA Lobbyist
STATUS: SB 1752 is now in H. Messages. HB 1509 was approved by H. Finance & Tax Council 12-1. The bills still vary and the differences will have to be worked out. Interestingly, Rep. Holder offered an amendment to provide a recurring $125,000 appropriation for up to 240 months to fund the NationalSwimmingCenter at Cape Coral upon commencement of its opening in July 2012.
BILL INFORMATION:This legislation is aimed at creating jobs for Floridians. Specifically, the bills amend several business tax exemptions, tax credits, the Qualified Target Industry incentive program and several other economic development statutes in order to stimulate the state's economy. They provide tax credits for employers who hire unemployed Floridians; a matching grant program for new research and development companies to draw down federal funds to assist with commercializing their discoveries; and, reduce regulatory impediments on businesses seeking permits or extensions of development orders, including extending building permits for another year.
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Florida Swimming Pool Association
2555 Porter Lake Drive
Sarasota, Florida 34240
941-952-9293 |
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