Senate Bill sb1988

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    Florida Senate - 2002                                  SB 1988

    By Senator Clary





    7-1261-02

  1                      A bill to be entitled

  2         An act relating to fire prevention; amending s.

  3         633.061, F.S.; revising provisions regulating

  4         the development and administration of training

  5         courses and written examinations for persons to

  6         be licensed to service and recharge fire

  7         extinguishers and preengineered systems;

  8         providing that the Florida State Fire College

  9         adopt rules governing continuing education

10         requirements; providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 633.061, Florida Statutes, is

15  amended to read:

16         633.061  License or permit required of organizations

17  and individuals servicing, recharging, repairing, testing,

18  marking, inspecting, installing, or hydrotesting fire

19  extinguishers and preengineered systems.--

20         (1)  It is unlawful for any organization or individual

21  to engage in the business of servicing, repairing, recharging,

22  testing, marking, inspecting, installing, or hydrotesting any

23  fire extinguisher or preengineered system in this state except

24  in conformity with the provisions of this chapter. Each

25  organization or individual that engages in such activity must

26  possess a valid and subsisting license issued by the State

27  Fire Marshal.  All fire extinguishers and preengineered

28  systems required by statute or by rule must be serviced by an

29  organization or individual licensed under the provisions of

30  this chapter.  The licensee is legally qualified to act for

31  the business organization in all matters connected with its

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  1  business, and the licensee must supervise all activities

  2  undertaken by such business organization. Each licensee shall

  3  maintain a specific business location. A further requirement,

  4  in the case of multiple locations where such servicing or

  5  recharging is taking place, is that each licensee who

  6  maintains more than one place of business where actual work is

  7  carried on must possess an additional license, as set forth in

  8  this section, for each location, except that a licensed

  9  individual may not qualify for more than five locations.  A

10  licensee is limited to a specific type of work performed

11  depending upon the class of license held. Licenses and license

12  fees are required for the following:

13         (a)  Class A.......................................$250

14  To service, recharge, repair, install, or inspect all types of

15  fire extinguishers and to conduct hydrostatic tests on all

16  types of fire extinguishers.

17         (b)  Class B.......................................$150

18  To service, recharge, repair, install, or inspect all types of

19  fire extinguishers, including recharging carbon dioxide units

20  and conducting hydrostatic tests on all types of fire

21  extinguishers, except carbon dioxide units.

22         (c)  Class C.......................................$150

23  To service, recharge, repair, install, or inspect all types of

24  fire extinguishers, except recharging carbon dioxide units,

25  and to conduct hydrostatic tests on all types of fire

26  extinguishers, except carbon dioxide units.

27         (d)  Class D.......................................$200

28  To service, repair, recharge, hydrotest, install, or inspect

29  all types of preengineered fire extinguishing systems.

30         (e)  Licenses issued as duplicates or to reflect a

31  change of address..........................................$10

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  1

  2  Any fire equipment dealer licensed pursuant to this subsection

  3  who does not want to engage in the business of servicing,

  4  inspecting, recharging, repairing, hydrotesting, or installing

  5  halon equipment must file an affidavit on a form provided by

  6  the division so stating. Licenses will be issued by the

  7  division to reflect the work authorized thereunder. It is

  8  unlawful, unlicensed activity for any person or firm to

  9  falsely hold himself or herself or a business organization out

10  to perform any service, inspection, recharge, repair,

11  hydrotest, or installation except as specifically described in

12  the license.

13         (2)  Each individual actually performing the work of

14  servicing, recharging, repairing, hydrotesting, installing,

15  testing, or inspecting fire extinguishers or preengineered

16  systems must possess a valid and subsisting permit issued by

17  the State Fire Marshal. Permittees are limited as to specific

18  type of work performed dependent upon the class of permit held

19  which shall be a class allowing work no more extensive than

20  the class of license held by the licensee under whom the

21  permittee is working.  Permits and fees therefor are required

22  for the following:

23         (a)  Class 1........................................$90

24  Servicing, recharging, repairing, installing, or inspecting

25  all types of fire extinguishers and conducting hydrostatic

26  tests on all types of fire extinguishers.

27         (b)  Class 2........................................$90

28  Servicing, recharging, repairing, installing, or inspecting

29  all types of fire extinguishers, including carbon dioxide

30  units, and conducting hydrostatic tests on all types of fire

31  extinguishers, except carbon dioxide units.

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  1         (c)  Class 3........................................$90

  2  Servicing, recharging, repairing, installing, or inspecting

  3  all types of fire extinguishers, except recharging carbon

  4  dioxide units, and conducting hydrostatic tests on all types

  5  of fire extinguishers, except carbon dioxide units.

  6         (d)  Class 4.......................................$120

  7  Servicing, repairing, hydrotesting, recharging, installing, or

  8  inspecting all types of preengineered fire extinguishing

  9  systems.

10         (e)  Permits issued as duplicates or to reflect a

11  change of address..........................................$10

12

13  Any fire equipment permittee licensed pursuant to this

14  subsection who does not want to engage in servicing,

15  inspecting, recharging, repairing, hydrotesting, or installing

16  halon equipment must file an affidavit on a form provided by

17  the division so stating. Permits will be issued by the

18  division to reflect the work authorized thereunder. It is

19  unlawful, unlicensed activity for any person or firm to

20  falsely hold himself or herself out to perform any service,

21  inspection, recharge, repair, hydrotest, or installation

22  except as specifically described in the permit.

23         (3)(a)  Such licenses and permits shall be issued by

24  the State Fire Marshal for 2 years beginning January 1, 2000,

25  and each 2-year period thereafter and expiring December 31 of

26  the second year. All licenses or permits issued will expire on

27  December 31 of each odd-numbered year. The failure to renew a

28  license or permit by December 31 of the second year will cause

29  the license or permit to become inoperative.  The holder of an

30  inoperative license or permit shall not engage in any

31  activities for which a license or permit is required by this

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  1  section.  A license or permit which is inoperative because of

  2  the failure to renew it shall be restored upon payment of the

  3  applicable fee plus a penalty equal to the applicable fee, if

  4  the application for renewal is filed no later than the

  5  following March 31.  If the application for restoration is not

  6  made before the March 31st deadline, the fee for restoration

  7  shall be equal to the original application fee and the penalty

  8  provided for herein, and, in addition, the State Fire Marshal

  9  shall require reexamination of the applicant. The fee for a

10  license or permit issued for 1 year or less shall be prorated

11  at 50 percent of the applicable fee for a biennial license or

12  permit. Each licensee or permittee shall successfully complete

13  a course or courses of continuing education for fire equipment

14  technicians of at least 32 hours within 4 years of initial

15  issuance of a license or permit and within each 4-year period

16  thereafter or no such license or permit shall be renewed. The

17  Florida State Fire College State Fire Marshal shall adopt

18  rules describing the continuing education requirements.

19         (b)  The forms of such licenses and permits and

20  applications therefor shall be prescribed by the State Fire

21  Marshal; in addition to such other information and data as

22  that officer determines is appropriate and required for such

23  forms, there shall be included in such forms the following

24  matters. Each such application shall be in such form as to

25  provide that the data and other information set forth therein

26  shall be sworn to by the applicant or, if a corporation, by an

27  officer thereof.  An application for a permit shall include

28  the name of the licensee employing such permittee, and the

29  permit issued in pursuance of such application shall also set

30  forth the name of such licensee. A permit is valid solely for

31

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  1  use by the holder thereof in his or her employment by the

  2  licensee named in the permit.

  3         (c)  A license of any class shall not be issued or

  4  renewed by the State Fire Marshal and a license of any class

  5  shall not remain operative unless:

  6         1.  The applicant has submitted to the State Fire

  7  Marshal evidence of registration as a Florida corporation or

  8  evidence of compliance with s. 865.09.

  9         2.  The State Fire Marshal or his or her designee has

10  by inspection determined that the applicant possesses the

11  equipment required for the class of license sought.  The State

12  Fire Marshal shall give an applicant a reasonable opportunity

13  to correct any deficiencies discovered by inspection. A fee of

14  $50, payable to the State Fire Marshal, shall be required for

15  any subsequent reinspection.

16         3.  The applicant has submitted to the State Fire

17  Marshal proof of insurance providing coverage for

18  comprehensive general liability for bodily injury and property

19  damage, products liability, completed operations, and

20  contractual liability.  The State Fire Marshal shall adopt

21  rules providing for the amounts of such coverage, but such

22  amounts shall not be less than $300,000 for Class A or Class D

23  licenses, $200,000 for Class B licenses, and $100,000 for

24  Class C licenses; and the total coverage for any class of

25  license held in conjunction with a Class D license shall not

26  be less than $300,000.  The State Fire Marshal may, at any

27  time after the issuance of a license or its renewal, require

28  upon demand, and in no event more than 30 days after notice of

29  such demand, the licensee to provide proof of insurance, on a

30  form provided by the State Fire Marshal, containing

31  confirmation of insurance coverage as required by this

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  1  chapter. Failure, for any length of time, to provide proof of

  2  insurance coverage as required shall result in the immediate

  3  suspension of the license until proof of proper insurance is

  4  provided to the State Fire Marshal. An insurer which provides

  5  such coverage shall notify the State Fire Marshal of any

  6  change in coverage or of any termination, cancellation, or

  7  nonrenewal of any coverage.

  8         4.  The applicant applies to the Florida State Fire

  9  College for and successfully completes a prescribed training

10  course offered by the Florida State Fire College or an

11  equivalent course approved by the Florida State Fire College

12  Marshal. This subparagraph does not apply to any holder of or

13  applicant for a permit under paragraph (f) or to a business

14  organization or a governmental entity seeking initial

15  licensure or renewal of an existing license solely for the

16  purpose of inspecting, servicing, repairing, marking,

17  recharging, and maintaining fire extinguishers used and

18  located on the premises of and owned by such organization or

19  entity.

20         5.  The applicant has a current retestor identification

21  number that is appropriate for the license for which the

22  applicant is applying and that is listed with the United

23  States Department of Transportation.

24         6.  The applicant has passed, with a grade of at least

25  70 percent, a written examination testing his or her knowledge

26  of the rules and statutes regulating the activities authorized

27  by the license and demonstrating his or her knowledge and

28  ability to perform those tasks in a competent, lawful, and

29  safe manner. Such examination shall be developed and

30  administered by the State Fire Marshal, or his or her

31  designee, in accordance with nationally accepted testing

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  1  standards. An applicant shall pay a nonrefundable examination

  2  fee of $50 for each examination or reexamination scheduled. No

  3  reexamination shall be scheduled sooner than 30 days after any

  4  administration of an examination to an applicant.  No

  5  applicant shall be permitted to take an examination for any

  6  level of license more than a total of four times during 1

  7  year, regardless of the number of applications submitted. As a

  8  prerequisite to taking the examination, the applicant:

  9         a.  Must be at least 18 years of age.

10         b.  Must have 4 years of proven experience as a fire

11  equipment permittee at a level equal to or greater than the

12  level of license applied for or have a combination of

13  education and experience determined to be equivalent thereto

14  by the State Fire Marshal.  Having held a permit at the

15  appropriate level for the required period constitutes the

16  required experience.

17         c.  Must not have been convicted of, or pled nolo

18  contendere to, any felony. If an applicant has been convicted

19  of any such felony, the applicant must comply with s.

20  112.011(1)(b).

21

22  This subparagraph does not apply to any holder of or applicant

23  for a permit under paragraph (f) or to a business organization

24  or a governmental entity seeking initial licensure or renewal

25  of an existing license solely for the purpose of inspecting,

26  servicing, repairing, marking, recharging, hydrotesting, and

27  maintaining fire extinguishers used and located on the

28  premises of and owned by such organization or entity.

29         (d)  An applicant who fails the examination may take it

30  three more times during the 1-year period after he or she

31  originally filed an application for the examination. If the

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  1  applicant fails the examination within 1 year after the

  2  application date and seeks to retake the examination, he or

  3  she must file a new application, pay the application and

  4  examination fees, and successfully complete a prescribed

  5  training course approved by the Florida State Fire College or

  6  an equivalent course approved by the Florida State Fire

  7  College Marshal. An applicant may not submit a new application

  8  within 6 months after the date of his or her last

  9  reexamination.

10         (e)  A fire equipment dealer licensed under this

11  section may apply to upgrade the license currently held, if

12  the licensed dealer:

13         1.  Submits an application for the license on a form in

14  conformance with paragraph (b). The application must be

15  accompanied by a fee as prescribed in subsection (1) for the

16  type of license requested.

17         2.  Provides evidence of 2 years' experience as a

18  licensed dealer and meets such relevant educational

19  requirements as are established by rule by the State Fire

20  Marshal for purposes of upgrading a license.

21         3.  Meets the requirements of paragraph (c).

22         (f)  No permit of any class shall be issued or renewed

23  to a person by the State Fire Marshal, and no permit of any

24  class shall remain operative, unless the person has:

25         1.  Submitted a nonrefundable examination fee in the

26  amount of $50;

27         2.  Successfully completed a training course offered by

28  the Florida State Fire College or an equivalent course

29  approved by the Florida State Fire College Marshal; and

30         3.  Passed, with a grade of at least 70 percent, a

31  written examination testing his or her knowledge of the rules

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  1  and statutes regulating the activities authorized by the

  2  permit and demonstrating his or her knowledge and ability to

  3  perform those tasks in a competent, lawful, and safe manner.

  4  Such examination shall be developed and administered by the

  5  Florida State Fire College in accordance with the national

  6  testing standards Marshal. An examination fee shall be paid

  7  for each examination scheduled.  No reexamination shall be

  8  scheduled sooner than 30 days after any administration of an

  9  examination to an applicant. No applicant shall be permitted

10  to take an examination for any level of permit more than four

11  times during 1 year, regardless of the number of applications

12  submitted. As a prerequisite to taking the permit examination,

13  the applicant must be at least 16 years of age.

14         (g)  An applicant who fails the examination may take it

15  three more times during the 1-year period after he or she

16  originally filed an application for the examination. If the

17  applicant fails the examination within 1 year after the

18  application date and he or she seeks to retake the

19  examination, he or she must file a new application, pay the

20  application and examination fees, and successfully complete a

21  prescribed training course offered by the Florida State Fire

22  College or an equivalent course approved by the Florida State

23  Fire College Marshal. The applicant may not submit a new

24  application within 6 months after the date of his or her last

25  reexamination.

26         (4)(a)  It is unlawful for a fire equipment dealer to

27  engage in training an individual to perform the work of

28  installing, testing, recharging, repairing, or inspecting

29  portable extinguishers or preengineered systems except in

30  conformity with this section.  Each individual engaging in

31  such training activity must be registered with the State Fire

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  1  Marshal.  The dealer must register the trainee prior to the

  2  trainee performing any work. The dealer must submit training

  3  criteria to the State Fire Marshal for review and approval.

  4         (a)(b)  No one that is being trained trainee shall

  5  perform work requiring a permit unless an individual

  6  possessing a valid and current fire equipment permit for the

  7  type of work performed is physically present. The trainee's

  8  registration shall be valid for a 90-day period from the date

  9  of issuance and is nontransferable and nonrenewable. The

10  initial training period may be extended for an additional 90

11  days of training if the applicant has filed an application for

12  permit and enrolled in the 40-hour course at the Florida State

13  Fire College within 60 days after the date of registration as

14  a trainee and either the training course at the Florida State

15  Fire College was unavailable to the applicant within the

16  initial training period, at no fault of the applicant, or the

17  applicant attends and fails the 40-hour training course or the

18  competency examination. At no time will an individual be

19  registered as a trainee for more than two 90-day periods as

20  provided in this paragraph. The trainee must:

21         1.  Be 18 years of age.

22         2.  Possess on his or her person at all times a valid

23  Florida driver's license or a valid state identification card,

24  issued by the Department of Highway Safety and Motor Vehicles.

25  A trainee must produce identification to the State Fire

26  Marshal or his or her designated representative upon demand.

27         3.  Pay a fee for registration of $10 per trainee for a

28  90-day period.

29         (b)(c)  No more than two trainees shall be under the

30  supervision of a single trainer, who shall be directly

31  responsible for all work performed by any trainee while under

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  1  his or her supervision.  No trainee shall perform any work not

  2  within the scope of the license or permit held by the fire

  3  equipment dealer or permittee directly supervising his or her

  4  work.

  5         (d)  Upon completion of a training period, an

  6  individual must comply with the provisions of this section to

  7  obtain a permit.

  8         (5)  The State Fire Marshal shall adopt rules providing

  9  for the approval of the time, place, and curriculum of each

10  training course required by this section.

11         (5)(6)  Every permittee must have a valid and

12  subsisting permit upon his or her person at all times while

13  engaging in the servicing, recharging, repairing, testing,

14  inspecting, or installing of fire extinguishers and

15  preengineered systems, and every licensee or permittee must be

16  able to produce such license or permit upon demand.  In

17  addition, every permittee shall at all times carry an

18  identification card containing his or her photograph and other

19  identifying information as prescribed by the State Fire

20  Marshal or the State Fire Marshal's designee, which shall be

21  produced on demand.  The State Fire Marshal shall supply this

22  card at a fee which shall be related to the cost of producing

23  the card.

24         (6)(7)  The fees collected for any such licenses and

25  permits and the filing fees for license and permit examination

26  are hereby appropriated for the use of the State Fire Marshal

27  in the administration of this chapter and shall be deposited

28  in the Insurance Commissioner's Regulatory Trust Fund.

29         (7)(8)  The provisions of this chapter do not apply to

30  inspections by fire chiefs, fire inspectors, fire marshals, or

31  insurance company inspectors.

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  1         (8)(9)  All fire extinguishers and preengineered

  2  systems that are required by statute or by rule must be

  3  serviced, recharged, repaired, hydrotested, tested, inspected,

  4  and installed in compliance with this chapter and with the

  5  rules adopted by the State Fire Marshal.  The State Fire

  6  Marshal may adopt by rule the standards of the National Fire

  7  Protection Association and of other reputable national

  8  organizations.

  9         (9)(10)  If the licensee leaves the business

10  organization or dies, the business organization shall

11  immediately notify the State Fire Marshal of the licensee's

12  departure, shall return the license to the State Fire Marshal,

13  and shall have a grace period of 60 days in which to license

14  another person under the provisions of this chapter, failing

15  which the business shall no longer perform those activities

16  for which a license under this section is required.

17         Section 2.  This act shall take effect July 1, 2002.

18

19            *****************************************

20                          SENATE SUMMARY

21    Provides for the Florida State Fire College to develop
      and administer training courses and examinations for
22    persons to be licensed to service and recharge fire
      extinguishers and preengineered systems.
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