Air Conditioning in Florida: The Laws
In Florida, the regulation of air conditioning systems in both residential and commercial buildings is generally governed by the Florida Building Code (FBC), as adopted and amended. The FBC applies to all construction and alteration of one- or two-family dwellings and all other types of buildings. Certain residential buildings less than three stories may be subject to the Florida Residential Building Code. Depending on the locality, additional regulations may also apply. The FBC provides standards for air handling systems for both comfort cooling and heating, but not pool or hot tub heaters . CMS 2 of the FBC requires that air conditioning equipment be selected on the basis of heating or cooling loads determined in accordance with the provisions of ASHRAE 2007 Fundamentals Chapter 28 or by calculating (using approved methods) the total cooling and/or heating load of each zone served by the HVAC system and determining the load of the zone to be sufficient to accomplish the intended purpose of the system. The calculations must take into account the solar heat gain factors listed in Chapter 30 of the FBC. Chapter 4 of the FBC authorizes the Building Code Official to accept systems which do not conform to the prescriptive requirements provided certain conditions are met. While revisions to the FBC are currently pending, the current edition became effective on December 31, 2010.
Florida Statutory Law Right to Air Conditioning in a Rental
Air conditioning can be a critical factor in how comfortable tenants feel about their Florida homes, but as with other such important features, they usually have the legal right to expect their landlord to meet certain obligations regarding it. As always, this information is not a substitute for seeking legal advice on your specific circumstances.
Under normal conditions, no Florida law specifically requires a residential landlord to install or maintain air conditioning in its rentals. However, if you’re renting a condominium unit in Florida, the landlord may have a duty to provide it. This will depend on various lease provisions, including the condominium’s governing documents and any rental agreement you or the tenant might have signed.
If the unit’s landlord made the air conditioning system a mandatory part of your lease, it would be a "constructive eviction" if the air conditioning became inoperative. In this event, the tenant could terminate the lease and vacate the premises for another property that had adequate air conditioning. Alternatively, the tenant might sue the landlord for damages.
If the lease has no such provision and makes no reference to adequately cooled residential rental units, the landlord is not required to repair or maintain defective air conditioning units, nor does the landlord have to pay for a tenant’s repairs.
In all Florida residential leases, tenants have the right to be provided with a reasonably suitable living environment. While no state statutes mention air conditioning, unconstitutionally high temperatures in a residential rental could fall under the aforementioned right.
Florida law also allows municipalities to set their own codes about heating or cooling residential dwellings. The Florida Building Code does set requirements regarding air cooling and heating systems, like duct cleaning and maintenance, unless the dwelling is new and only rented once. Municipalities may have their own code requirements that are independent of the Florida Building Code.
Tenant rights to air conditioning in Florida residential rentals may also depend on any lease clauses about using the dwelling for a particular business or trade. If the landlord allowed the tenant to install a second air conditioning unit that’s the cause of the air conditioning system failure, then the tenant may not have grounds for suing the landlord.
Tenant rights to air conditioning in Florida rental properties may also be affected by lease provisions and condominium association rules related to the use and maintenance of central air conditioning systems. The central air conditioning system mechanisms may be located in a closet, utility room or on the porch, and are used to refresh the air in the entire unit by moving air through rooms via a system of ducts. Any failures could leave a Florida tenant with a unit that’s hot and uncomfortable.
Lease clauses that pertain to central air conditioning generally set out the following points:
Tenant rights to air conditioning in Florida residential properties may also include an implied warranty of fitness for a particular purpose. Landlords should be aware that these implied warranties may come into play when it comes to the presence or lack of the air conditioning in the breach of lease agreement.
Air Conditioner Requirements in the Building Code
Florida’s climate makes air conditioning a necessity for both residential and commercial properties. For residential structures, the Florida Building Code requires that energy calculations be performed to confirm that all mechanical equipment, including heating and air conditioning equipment, meets the required efficiency standards, one of which is the minimum efficiency ratio commonly referred to as the SEER (the higher the SEER, the more efficient the equipment). Residential dwelling units are also required to have a minimum amount of insulation in the ceilings and walls (also required under the Florida Building Code) and systems that exceed the required efficiencies and minimum insulation requirements receive what is referred to as an energy index credit. The dollar amount of that credit is debited from the cost of compliance with the energy efficiency provisions of the Florida Building Code. In addition, if a residential structure is more energy efficient than the amount of energy dbited from the cost of compliance with the energy efficiency provisions of the Florida Building Code, the building will have an approved energy rating which is recorded in the public records.
For commercial properties, the energy calculation referenced above is referred to as the Total Building Performance. Typically, commercial buildings have roof-top A/C units, which at a minimum, are required to be SEER 14. Reusable, carry-over filters made from materials having a flame spread of less than three hundred are required. Ducts are required to be substantially airtight and the structure must be designed to limit water and air infiltration. Buildings which contain conditioned air are required to provide natural ventilation (either manually or motor operated) if there is a power outage. Also, the Florida Energy Efficiency Code for Building Construction provides credit for a variety of energy saving features, such as low-E glass, insulated doors and windows and photovoltaic cells.
What Cases Have Interpreted the Law Regarding Air Conditioners
While legal precedents in Florida’s air conditioning disputes continue to develop, one case before the Supreme Court of Florida illustrates how these disputes have increased in litigation as of late.
In Cox-Galardi Corporation v. Skylights, Inc., the Supreme Court of Florida affirmed a trial court’s judgment in favor of Skylights. To understand this case, it helps to know that at one time, Cox obtained a contract with the United States Postal Service to replace all of the air conditioning units in certain Florida post offices. Cox sub-contracted out the work to Skylights. Skylights agreed to do the work in exchange for being paid five percent of the total price under the contract with the USPS.
Skylights received all permits to do the work and completed the work. Nevertheless, Skylights sued Cox for breach of contract, alleging that Cox had failed to pay Skylights all of the money Skylights was owed under the contract – which amounted to $378,000. Skylights argued that the reason Cox did not pay Skylights the remaining money was because Cox had poorly installed all of the electrical work that was necessary for Skylights to do its job. Skylights also claimed that it was entitled to recover attorney’s fees under the contract pursuant to a Florida statute (Chapter 57 . 105(7)). Cox agreed that it owed Skylights $378,000, but denied Skylights’ other claims. Skylights then amended its lawsuit to include a claim for delay damages and attorneys fees and costs, alleging that the postal service had wrongfully suspended work and improperly withheld payments to Skylights and Cox because Skylights installed the AC units incorrectly.
It is unclear from the opinion how the trial court decided that Skylights should get the full amount of $378,000 instead of a lesser amount of $175,800. The trial court also awarded Skylights $100,000 in attorneys’ fees. On appeal, the Fifth District Court of Appeal rejected Skylights’ argument that it was owed the full $378,000. However, it agreed that Skylights was entitled to attorneys’ fees and remanded the case back to the court to calculate the precise attorneys’ fees owed.
Cox appealed to the Florida Supreme Court, which rejected the arguments and upheld the trial court’s judgment awarding Skylights attorneys’ fees. The High Court determined that Skylights could recover both attorneys’ fees and delay damages because the delay damages arose out of Skylights’ claims.
Penalties and Enforcement Regarding the Air Conditioner
Enforcement of the air conditioning laws in Florida is taken very seriously, and aggressive action can be taken against those who violate or don’t comply with them. The government may enforce the laws through administrative action or by suing a company, and a number of agencies manage the enforcement of the air conditioner laws.
For instance, the Florida Department of Business and Professional Regulation sets standards for air conditioning. Local building departments perform inspections on airplanes, boats, cars, trucks and buses. The Florida Department of Agriculture and Consumer Services regulates natural gas. The Florida Department of Health regulates some refrigerants. The U.S. Environmental Protection Agency sets standards for ozone-depleting substances, and the Florida Supreme Court controls the licensure requirements.
Violating the law can come with stiff fines, a suspension of electrical service or a prohibition on selling air conditioning systems. Some companies have faced fines of huge amounts, and several state agencies receiving public complaints have aggressively sued other businesses for breaking the law.
Florida law breaks down the violations into first and second degree for offenses based on whether a law is expressly broken. For instance, knowingly violating a statute, an agency rule or a professional regulation can be punished by a fine between $1,000 and $5,000 per violation. Also, each day of continuation can be considered a separate violation. The maximum penalties for a second-degree misdemeanor are 60 days in jail and five months of probation.
Some people think that violating laws on air conditioning won’t result in penalties because they consider them to be minor or technical regulations. This isn’t the case. Violating the regulations on air conditioning can be very costly.
Tips for Homeowners and Property Managers
As a homeowner or property manager in Florida, it is essential to be familiar with the air conditioning laws to ensure compliance and avoid disputes. Here are some practical tips:
- Regular maintenance. Always keep a close eye on your AC units, particularly if you have a tenant or are living in a state like Florida that experiences extreme heat and humidity conditions. Make sure to schedule maintenance at least once a year, and keep all service records organized.
- Include air conditioner requirements in your lease. Be upfront with your tenant about your responsibilities under your lease agreement for maintaining the air conditioners and other parts of your property. Be specific on the conditions under which you will become involved in repairs.
- Be prepared for costly repairs. The law allows tenants to make certain repairs and deduct the cost from their rent. If the cost of such repairs is excessive , you may choose to go before a court to obtain permission to offset those costs against your tenant’s rent.
- Document everything. Keeping accurate records of the condition of your property and all of your repairs (including invoices and receipts for payment) is the most effective way to prove a dispute wrong. Should your landlord or tenant be in breach of an air conditioning law, you are protected if you have the necessary documentation.
- Comply with the Florida Commercial Landlord-Tenant Act. Remember that non-residential leases come with different rules that are set out under the Florida Commercial Landlord-Tenant Act. These rules do provide some flexibility when negotiating your lease.
