A Primer on Florida’s Air Conditioning Laws
Awareness of state and local environments is crucial to successful home and business ownership. These factors include building codes and regulations. They also include the laws governing air conditioners that go inside those structures.
Florida has several air conditioning laws. Some are statewide, some apply in limited areas, and others only apply to certain structures. Generally, the state’s laws fall into two categories: standards for ownership and use of air conditioning systems and guidelines for installation and maintenance of those systems.
For the average home or business owner, the most important law is the one requiring homeowners and business owners to maintain air conditioning systems. The Florida Statutes require owners to maintain air conditioning systems that are part of their residential or commercial structures.
Simultaneously, several laws govern the safe installation and repair of air conditioning systems. These statutes mandate the qualifications of the contractors who do the work. They also specify in detail what work contractors must perform on air conditioning systems. In all cases , these laws argue for the importance of hiring a qualified air conditioning contractor.
State laws and local ordinances regulate air conditioning maintenance, repair, and replacement. Florida Statutes cover air conditioning in buildings in several places, including Title XXXII, Chapter 489. Part I of this chapter regulates the licensing of air conditioning contractors. Part II governs general air conditioning work. The section at issue for most homeowners or business owners is 489.105, which is the general definition section of the law. It governs general construction contracts, electrical contracts, plumbing contracts, and others such as air conditioning system contracts.
Enforcement of air conditioning laws falls to the Florida Department of Business and Professional Regulations. This agency oversees all six divisions of the Florida building code, including the standard for proper air conditioning work.
Florida Residential Air Conditioning Law
Residential use of air conditioning systems and equipment is governed by the Florida Building Code, Section 1206.4. Section 1206.4 provides that a dwelling unit must be provided with safely maintained air-conditioning capable of maintaining a temperature of not more than 78º F (25.5º C) or a cooling system with an alternate means of mechanical ventilation so as to supply filtered air of quality comparable to the outside air and capable of providing an inside relative humidity not exceeding 55% at 60º F (15.6º C), maintained by an air conditioning system for summer indoor comfort.
The provisions for installation, maintenance and repair of air conditioning systems and equipment are found in both the Florida Building Code and the Florida Mechanical Code. The Florida Building Code states, "Air conditioning equipment shall be installed in accordance with the manufacturer’s instruction and the Florida Mechanical Code section 303. A copy of the manufacturer’s installation instructions shall be on the job site at all times during the air conditioning equipment start-up." Florida Statute § 553.79(20) also provides that the Florida Building Code applies to air conditioning systems. Further, Florida Statute §§ 553.79(21),(22) provide that the Florida Mechanical Code sets forth standards for the construction, installation, repair, and alteration of air conditioning systems.
Florida Statute § 553.9061 provides the Florida Energy code, 2004 @ §R403.2 allows for the installation of air conditioning and heating systems "to maintain indoor temperatures of 78 degrees during the cooling season…" Florida Statute § 553.901(1) refers to the Florida Energy Code and states that it requires compliance on and after July 1, 2002. In this regard, see Florida Statute § 552.901(9). This section requires that new residential construction utilizes the "Florida Energy Efficiency Code" for the initial building permit application. Section 553.901(9) further states that, beginning January 1, 2003, "the Florida Building Code is the Florida Building code (2001)……and the Florida Energy Efficiency Code as adopted and modified therein." Note the use of the phrase "beginning January 1, 2003." This indicates that pre-2003 construction would not be covered by section 553.901 and that applicable law remains the Florida Building Code.
Air Conditioning Laws Applicability to Landlords and Tenants
In the 2017 Regular Session of the Florida Legislature introduced SB 1620. The Bill was "individualized" and could be passed or rejected by the Senate and House without consideration of the remaining portions of the Bill. Section 83.45, Florida Statutes (2016) s statute that presently exists, provides as follows: Requirement to maintain air-conditioning, heating and electricity. The landlord is required to maintain in good condition electrical fixtures and plumbing, and to have running water and reasonable amounts of hot water at all times and reasonable amounts of heat, where there is a duty to furnish heat, air conditioning, hot water, or refrigerator. The statute provides a list of the landlord’s duty and other duties. Amendment would have added new language directing the landlord to ensure air conditioning, hot water and reasonable amounts of heat. Proponents of the Bill reasoned that if a tenant is in a non-paying position, the landlord a right to terminate the electric service as well. Proponents cited instances where tenants received notice that electric service to their apartment complex was being terminated for non-payment of the electric bill. A landlord is under infrequent obligation to maintain continuous electric service in the dwelling unit after the expiration of the lease. The Bill would have provided as follows: (o) Mandatory air conditioning, heating, and electricity.— 1. It shall be the duty of every person leasing to the public any type of dwelling within the state to maintain such premises in a habitable condition with respect to the mandatory air conditioning, heating, and electric service to any individual unit. Such duty includes, but is not limited to: a. Maintenance of heating, ventilating, and air conditioning equipment and systems in working condition. b. Maintenance of electrical wiring, switches, outlets, and overcurrent protective devices in working condition. 2.a. A landlord may not terminate electrical service to an individual unit. A landlord may terminate electrical service to an individual unit for nonpayment of rent within 5 days after rent is due and unpaid, subject to any notice requirements in a rental agreement not inconsistent with this paragraph. The termination of electricity required by this paragraph does not constitute or create an unlawful lockout. b. A landlord may not terminate electrical service to an individual unit for nonpayment of a utility if the utility provider has notified the landlord at least 10 days before such service is scheduled for termination for nonpayment of charges owed for the provision of utility services to an individual unit. 3. A landlord who commits a willful, unlawful noncompliance with paragraph (2) is jointly and severally liable with any agent, contractor, or person acting on behalf of the landlord or the person committing the unlawful noncompliance for damages to the tenant, including court costs and attorney fees incurred in connection with obtaining injunctive relief. An award of damages made pursuant to this section is in addition to any other remedies a tenant may have against the landlord under any other law." (undecided position of the House) For more on this see 83.67(h) F.S. – Terminating Electric Utility Service.
Florida Energy Efficiency Standards for Air Conditioners
Florida’s Approach to the improvement of Energy Efficiency in Air Conditioners
The Florida legislature has mandated that the Florida Building Code meet and exceed certain efficiency standards. The purpose of these requirements is to reduce the energy burden on Florida residents, protect scarce natural resources, and thereby promote the health, safety, and welfare of the public, in accordance with the State Comprehensive Plan and the Florida Energy Efficiency Conservation Code. Likewise, Florida Statute 553.906 codifies this concept: the Florida Energy Efficiency Code for Building Construction, on its face, is to provide requirements for the efficient use of energy in the construction of residential and non-residential buildings. These requirements "are intended to reduce energy consumption, conserve resources, produce a saving in electricity and fossil fuel costs, and promote the use of renewable energy sources." Fla. Stat. 553.906(1). The potential for savings hinges on the efficiency of the air conditioner. Florida’s air-conditioning efficiency standards can be found in Section 403.02(g), Florida Statutes, which require that all new residential air conditioners, beginning October 1, 2012, meet certain minimum efficiencies at a certain level. The law states that there is a rebuttable presumption for any air conditioner that there exists: "A reasonable, cost-effective and nonhazardous payback period based on the total cost of the building permit and construction schedule of no less than 15 years, and the customer has been informed of such payback period." Fla. Stat. 553.906(2). It is arguable that if the homeowner was not informed of the payback period, or that the payback period was over-stated, that there would be a "rebuttable presumption" as to the homeowner’s intent. However, the legislation includes an exception where, despite the passage of time, providing a rebate for compliance to the minimum efficiency may not have the desired effect. This rebate is particularly relevant to consumers in Florida. All Florida consumers are entitled to a state income tax credit on the purchase of high SEER and EER-rated central air conditioners. See Amended Senate Bill 1780. The rebate credits are substantial and range from $50.00 to $200, depending on whether the customer purchased a high SEER and EER-rated central air conditioner which meets efficiency levels above that mandated in other sections of the Florida Statues. For example, the law requires "systems sold by a dealer, business, or person primarily engaged in the business of selling air conditioning systems," but does not extend the same rebates to consumers who install central air conditioners themselves. In other words, self-installed, high-efficiency air conditioners are not eligible for the rebates the Florida legislature has made available. From a litigation perspective, where the legislature enumerates the terms of the rebate, the Florida courts require stricter rules of statutory interpretation. The Florida courts will look to the plain meaning of the law. In the case of Amended Senate Bill 1780, the intent of the rebate and scope of the term "deemed" to be regulated is clear. The legislature expressly provides for the exception when it states that all central air conditioners must meet minimum efficiency requirements, with the following stated exceptions: an air conditioner is deemed to meet minimum efficiency requirements if it is used with: an evaporator coil that has a minimal efficiency rating, specified in Appendix A of the Federal Energy Conservation Program; an air conditioner or heat pump with heating or auxiliary heat components located in the basement, attic, or concealed from view under the house; or a system sold by a dealer, business, or person primarily engaged in the business of selling air conditioning systems.
Florida Health and Safety Regulations for Air Conditioners
An important factor in determining what the law requires of a tenant and a landlord with regard to an air conditioning system is health and safety laws. While most people consider air conditioning to be a matter of comfort, in Florida, without air conditioning, life could actually be in jeopardy for many people. For this reason, the law has required that air conditioning systems run properly in certain situations. For example, under the Code of Federal Regulations, Title 29, I have found this: "(1) It shall be the responsibility of the manager or safety personnel to monitor known areas of exposure and to evaluate the comfort and health of the employee population. The manager or safety personnel shall specify onsite conditions or activate appropriate actions if air quality or environmental comfort are not within acceptable limits. Criteria shall be established in the Substance-Specific Health Standard and/or the company’s internal guideline, as appropriate, as to when the action must be taken. (2) The manager or safety person shall inspect and maintain air filters in accordance with the manufacturer’s recommendations. (3) Exposed surfaces within the room shall be cleaned regularly or protected with plastic sheeting, as necessary, to prevent contamination of the room. (4) A written inspection, cleanup, and removal program shall be maintained for management of excess dust in the environment of a room that is being, or has been , used for hazardous operations. This program shall require that the room be cleaned of accumulated dust and other containment at least once per year. Cleaning shall not produce dust that could interfere with the operation of equipment or adversely affect the health of employees. Steps should be taken to avoid pressurization of containers and stock solutions in areas where airborne lead concentrations are at or below the occupational permissible exposure limit (PEL). (5) Where suitable ventilation or local exhaust is not provided, or is insufficient to reduce contamination to a level that ensures employee compliance with the PEL, requirements for air-purifying respirators shall be in accordance with the Chemical-Specific Exposure Standard as outlined in Sec. 1910.1025(d)(2)." 29CFR 1910.1025(g). This CFR section is for lead dust, but many of the provisions could also apply to air conditioning systems as well. After all, what does the term "city air" really mean? To me, it means an environment without a lot of plant life, and, therefore, one with little to no oxygen. That could kill you. See, e.g., 29CFR 1910.1000(a). Additionally, regular maintenance of air conditioners and air filters is essential to keeping the unit from malfunctioning and costing more than it should to operate. At the very least, as tentative legislation for greater mold control moves through the Florida Legislature and into the Governor’s Office, it is clear that most landlords have a duty to provide good air conditioning systems to their tenants.
Florida Air Conditioning Permits and Inspections
Air conditioning installations, both for new systems and for replacements of existing systems, require the issuance of a mechanical permit by the local building official. The mechanical permit must show that the air conditioning equipment is in compliance with all local codes and that if the installation requires electrical work that the local building official has received (or will have received) an affidavit from the local electrical inspection agency attesting to compliance with all electrical requirements or that the mechanical contractor or subcontractor performing the work has obtained an electrical permit for work performed on the air conditioning system.
The air conditioning unit must meet the minimum standards set forth in the Code for the State of Florida, the Florida Building Code, or the storefront code. The Florida Department of Business and Professional Regulation, Division of Florida Land Sales, Condominiums, and Mobile Homes has published a fact sheet titled, "Air Conditioning Standards In International Building Code," under which the Division has adopted the International Energy Conservation Code, the International Residential Code, the International Mechanical Code, and the Florida Building Code relating to air conditioning.
In addition to requiring a mechanical permit, Florida Statutes Section 489.511(2) requires the local building official to conduct an initial inspection within seven days of the issuance of a mechanical permit. A final inspection is then required at the completion of the work if required by the local building code.
Once the installation work is completed, the air conditioning system must be tested for performance. Updated building codes may require performance testing on an installed air conditioning system. The results of the performance tests must be submitted to the owner of the property and attached to the permitting file. The performance testing must include the following: If the local building official determines that the work has not passed the final inspection, the mechanical permit must be revoked. Without an active permit, no further mechanical work may be performed.
The inspection process is also used in association with a change out, replacement, or alteration of an existing system such as when the system is replaced, ductwork is altered or replaced, a new or additional conditioning coil or ductwork is added to a cool storage system, or if there are other modifications to the air conditioning system. Florida Statutes Section 553.901 allows local authorities to issue an air conditioning system contractor license to allow a contractor to install and/or service air conditioning systems that are "one thousand ton refrigerating capacity and less." While this allows for the installation and service of larger air conditioning systems, the time delays and application process may be burdensome. However, Florida Statutes Section 489.553(2) allows Florida licensed contractors to perform the work without having to obtain a local license.
Air Conditioning Noncompliance Penalties in Florida
Illegal air conditioning has serious consequences for property owners and businesses. Without properly functioning air conditioning, the temperature and air quality in buildings can make the occupants sick. Air conditioning is required in buildings such as office buildings, hospitals, churches, schools, and residences where the health and safety of people can be affected. Accordingly, Florida statutes have emergency orders to maintain air conditioning when necessary in places where people congregate and where air conditioning is needed to protect the health and safety of people. Fines, injunctions, and other actions can be taken against anyone responsible for air conditioning where air conditioning is required in Florida.
Future Developments in Florida Air Conditioning Law
As environmental concerns continue to rise and technology rapidly advances, the regulation of air conditioning systems within commercial and residential properties will undoubtedly undergo further evolution. From a legislative standpoint, several key areas are already in motion that will affect air conditioning:
– HVAC System Performance-based Testing
One area that is being discussed by building experts, contractors, and the Florida Legislature is the method of testing for and applying system efficiency standards and how they will continue to monitor and test system performance in the future. In Florida specifically, where humidity levels year-round can be close to 80%, 75% relative humidity was previously considered a standard but these figures will not be enough to meet the current and future needs. As such, regions and climate zones will need to be more specific in their division and testing during construction. The testing would fall under two rules currently proposed by the Florida Building Commission, and more information can be found in the following links:
- Draft FBC Residential Energy RE403.2.6 (Leakage Testing) – SpanTest Fuel Gas Systems
- Draft FBC Residential Energy Table R403.7.1(1) Energy Code Compliance – SpanTest (RESNET)
- Simplifying Equipment Changeout
One area of concern found in condominium and consumer association units/condos has been the change/transfer of equipment when the air conditioning systems have reached the end of their life expectancy . The replacement of these systems has increased both affordability and consumer units in recent years. The problems being addressed are that from general contractors, to HVAC contractors, to constituents, there needs to be an easier way to replace and/or transfer these units easily between associations and owners. Additionally, more uniform testing at the time of installation or change out is necessary to ensure all parties are on the same page with regard to construction practices and efficiency.
– New Technologies
As technology continues to increase at a rapid pace, the manufacturing of effective and efficient air conditioning systems that can withstand the tropical climate of the state of Florida have become even more adaptive to real estate demands. For example, innovative ways of controlling the temperature within the home have become more convenient and energy efficient. Mobile/I-Pad applications allow owners to change the temperature/structure of the environment at their will. These types of changes and other technological advancements will be interesting to see how the state will continue to regulate them and offer incentives to building owners to invest more in new technology. There may be incentives not only offered by the state but also by manufacturing companies to promote their more energy efficient products in the construction of new buildings.