Fla. Admin. Code Ann. R. 61G4-12.011 - Definitions
(1) For purposes of Section
489.105(3)(b),
F.S., the term "story" is defined to mean that portion of a building included
between the upper surface of a floor or average grade, finished or unfinished,
open or enclosed, and the upper surface of the floor or roof next above and
having a minimum clear height of seven (7) feet or more.
(2) For purposes of the exemption provided by
Section 489.103(9),
F.S., activities which are not casual, minor, or inconsequential, include, but
are not limited to, any work affecting structural components, any work
involving use of toxic or hazardous chemicals or substances, any work affecting
access or egress to a structure, any work affecting accommodations for the
physically disabled, any work for which a building permit is required and any
work affecting life-safety matters as defined in the applicable building
code.
(3) The terms "advertise" and
"advertises" shall apply to business cards, business proposals, contracts,
construction site signs, all newspapers, airwave transmission (other than
internal company communications), any electronic media including Internet
sites, phone directory, and other media including handbills, billboards,
flyers, shopping and service guides (coupon offerings), magazines (including
trade associations publications), classified advertisements, manufacturer's
"authorized dealer" listings, and signs on vehicles. They shall not apply to
balloons, pencils, pens, hats, articles of clothing, shirts, or other
promotional novelties. Neither shall the terms apply to any single line phone
directory listing; nor to free phone directory listings (regardless of page
color) of one, two or three lines, which display nothing more than the proper
name, company name, address, and telephone numbers in whole and in part in an
unbolded or unhighlighted print or without further textual or pictorial
elaboration or touting in its overall display.
(4) Main Sanitary Sewer Collection System:
That part of a sewer system starting at the end of the building sewer and
extending through and including the treatment plant whether the system is
public or private, including any conveyance of sewage under pressure, and
pumping facilities. The only exception to this definition are one, two, three
or four family structures; in these structures the Main Sanitary Sewer
Collection System begins at the lot line and extends through and includes the
sewer treatment facilities.
(5)
Building Drain: That part of the lowest piping of a drainage system which
receives the discharge from soil pipe, waste pipe and other drainage pipes
inside the perimeter walls of the building and conveys it to the building sewer
5 feet outside the building's exterior wall.
(6) Building Sewer: That part of the
horizontal piping of a drainage system which extends from the end of the
building drain and which receives the discharge of the building drain and
conveys it to a public sewer, private sewer, individual sewage-disposal system
or to any other point of disposal.
(7) Main Water Distribution System: The water
service line, water distribution systems and all appurtenances on public or
private property which shall terminate no closer than 5 feet from a building or
at the secondary meter whichever is further from the building. For the purpose
of this definition master site meters and backflow preventers shall not
constitute the secondary meter nor shall they be the contractor's point of work
termination. One, two, three and four family structures shall have their Main
Water Distribution System terminate at the meter.
(8) Storm Sewer System: The collection,
conveyance and disposal of rain water from public or private property to the
storm sewer system at a structure or other point of connection.
(9) "Services incidental thereto" shall for
the purpose of Section
489.103(1),
F.S., only, mean all work on bridges, roads, streets, highways, and railroads
except building construction and those subcontractor categories, defined in
Sections 489.105(3)(d)-(q),
F.S. However, notwithstanding the previous provision, services incidental
thereto specifically includes storm drainage and excavation work necessary for
the construction of bridges, roads, streets, highways, and railroads; and
includes directly contracting with a governmental entity for work on bridges,
roads, street, highways, and railroads when any building construction included
in the contract is subcontracted to a contractor appropriately licensed under
Chapter 489, Part I, F.S., to perform building construction or those
subcontractor categories defined in Sections
489.105(3)(d)-(q),
F.S., and such building construction does not constitute more than fifty (50)
percent of the total contract amount.
(10) A "credit report from a nationally
recognized credit agency that reflects the financial responsibility of the
applicant, certificateholder or registrant" shall, for the purposes of Section
489.115(7),
F.S., mean a current consumer credit report that provides a current consumer
credit score derived from the Fair Isaac Corporation's (FICO) scoring method
and:
(a) Payment history;
(b) Credit rating;
(c) Public filings in county, state and
federal courts;
(d) Bankruptcies,
business history, suits, liens, and judgments, all on a nationwide
basis;
(11) A "nationally
recognized credit agency" shall mean a credit agency that:
(a) Obtains credit information both within
and outside the State of Florida;
(b) Validates, updates, and maintains the
accuracy of credit information obtained; and,
(c) Obtains credit reports from at least two
(2) credit bureaus.
(12)
"Current mailing address" and "current address of record" shall mean the
address at which the United States Postal Service delivers mail to the
licensee.
(13) System: As it
pertains to central air conditioning, refrigerating, heating and ventilating
systems, pursuant to Sections
489.105(3)(f), (g),
(h), F.S., the term "system" is defined as
starting at the distribution and return air grills and ending at the HVAC
(heating, ventilating, or air conditioning) unit, including all duct work in
connection therewith. The replacement of filters shall not constitute the
partial disassembly of the system.
(14) "Services" for purposes of sanitary
sewer collection systems, main water distribution systems, storm sewer
collection systems and utility lines as defined in Section
489.105(3)(n),
F.S., shall include, the construction, installation, and repair of vertical
improvements above grade, such as headwalls, end-walls, and retaining walls.
Vertical improvements shall not exceed twenty feet in elevation above grade and
vertical improvements below grade shall not be restricted. In addition,
vertical improvements above grade shall also include structures designed to
house pumps, lift stations, or other related equipment. In no case should said
structures exceed 500 square feet.
(15) Installation or repair: Pursuant to
Sections 489.105(3)(j), (k),
(l), F.S., the term "installation or repair"
of pool/spa equipment, as it pertains to swimming pool and spa electrical work,
is defined as inclusive of installation, replacement, disconnection or
reconnection of power wiring on the load side of the dedicated existing
electrical disconnecting means. If installation, removal, replacement, or
upgrading of this circuit is necessary, the work shall be performed by a
licensed electrical contractor only. Nothing in this paragraph shall be deemed
to restrict or limit in any manner the scope of work authorized by law of other
contractor classifications, or other professions.
(16) The term "Florida Building Code" shall
mean the Florida Building Code, 7th Edition, (2020),
adopted by the Florida Building Commission through Rule
61G20-1.001, F.A.C., effective
1-3-23, which rule is incorporated herein by reference and which may be
obtained at
https://www.flrules.org/Gateway/reference.asp?No=Ref-15127.
This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.
Notes
Rulemaking Authority 489.103(1), 489.103(5), 489.105(3), 489.108, 489.113(3) FS. Law Implemented 489.103(1), 489.103(5), 489.105(3), 489.113(3), (5), 489.115(7), 489.119(5) FS.
New 9-16-80, Formerly 21E-12.11, Amended 1-1-89, 4-18-89, 7-4-89, 4-22-90, 7-3-91, 12-21-92, Formerly 21E-12.011, Amended 11-4-93, 11-22-94, 10-10-95, 4-29-96, 9-18-96, 12-3-96, 11-25-97, Amended 10-4-99, 2-12-08, 11-9-08, 4-4-13, 5-24-17, 1-10-18, 5-16-23.
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