| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 |
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| 7 | A bill to be entitled |
| 8 | An act relating to fire prevention and control; amending |
| 9 | s. 633.171, F.S.; providing criminal penalties for |
| 10 | initiating a pyrotechnic display in an indoor facility |
| 11 | under certain circumstances; providing an exception; |
| 12 | amending s. 633.821, F.S.; providing additional criteria |
| 13 | for certain rules of the Division of State Fire Marshal; |
| 14 | requiring the division to adopt rules relating to live |
| 15 | fire training; providing requirements; providing for such |
| 16 | rules to take effect; requiring state certification as an |
| 17 | instructor for certain training after a certain date; |
| 18 | providing an exception from application to certain |
| 19 | wildland training; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 633.171, Florida Statutes, is amended |
| 24 | to read: |
| 25 | 633.171 Penalty for violation of law, rule, or order to |
| 26 | cease and desist or for failure to comply with corrective |
| 27 | order.-- |
| 28 | (1) Any person who violates The violation of any provision |
| 29 | of this law, or any order or rule of the State Fire Marshal, or |
| 30 | any order to cease and desist or to correct conditions issued |
| 31 | under this chapter commits hereunder, shall constitute a |
| 32 | misdemeanor of the second degree, punishable as provided in s. |
| 33 | 775.082 or s. 775.083. |
| 34 | (2) It is shall constitute a misdemeanor of the first |
| 35 | degree, punishable as provided in s. 775.082 or s. 775.083, to |
| 36 | intentionally or willfully: |
| 37 | (a) Render a fire extinguisher or preengineered system |
| 38 | required by statute or by rule inoperative except during such |
| 39 | time as the extinguisher or preengineered system is being |
| 40 | serviced, hydrotested, tested, repaired, or recharged, except |
| 41 | pursuant to court order. |
| 42 | (b) Obliterate the serial number on a fire extinguisher |
| 43 | for purposes of falsifying service records. |
| 44 | (c) Improperly service, recharge, repair, hydrotest, test, |
| 45 | or inspect a fire extinguisher or preengineered system. |
| 46 | (d) Use the license or permit number of another person. |
| 47 | (e) Hold a permit and allow another person to use said |
| 48 | permit number. |
| 49 | (f) Use, or permit the use of, any license by any |
| 50 | individual or organization other than the one to whom the |
| 51 | license is issued. |
| 52 | (3)(a) A person who initiates a pyrotechnic display in an |
| 53 | indoor facility that does not have a fire suppression system |
| 54 | installed in compliance with s. 633.065 commits a felony of the |
| 55 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 56 | or s. 775.084. |
| 57 | (b) A person who initiates a pyrotechnic display in an |
| 58 | indoor facility without the written consent of the owner or |
| 59 | operator of the indoor facility and without a permit issued by |
| 60 | the local authority having jurisdiction commits a felony of the |
| 61 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 62 | or s. 775.084. |
| 63 | (c) This subsection does not apply to the manufacture, |
| 64 | distribution, sale at wholesale or retail, or seasonal sale of |
| 65 | products regulated under chapter 791 if the products are not |
| 66 | used in an indoor facility. |
| 67 | Section 2. Subsection (2) of section 633.821, Florida |
| 68 | Statutes, is amended, and subsection (6) is added to said |
| 69 | section, to read: |
| 70 | 633.821 Workplace safety.-- |
| 71 | (2) The division shall have the authority to adopt rules |
| 72 | for the purpose of ensuring safe working conditions for all |
| 73 | firefighter employees by authorizing the enforcement of |
| 74 | effective standards, by assisting and encouraging firefighter |
| 75 | employers to maintain safe working conditions, and by providing |
| 76 | for education and training in the field of safety. Specifically, |
| 77 | the division may by rule adopt all or any part of subparts C |
| 78 | through T and subpart Z of 29 C.F.R. s. 1910, as revised April |
| 79 | 8, 1998; the National Fire Protection Association, Inc., |
| 80 | Standard 1500, paragraph 5-7 (Personal Alert Safety System) |
| 81 | (1992 edition); the National Fire Protection Association, Inc., |
| 82 | Publication 1403, Standard on Live Fire Training Evolutions |
| 83 | (1997 edition); and ANSI A 10.4-1990. |
| 84 | (6)(a) The Division of State Fire Marshal shall adopt |
| 85 | rules for live fire training and for a training and |
| 86 | certification process for a live fire training instructor that |
| 87 | shall be required for the training of all firefighters subject |
| 88 | to this chapter. |
| 89 | (b) Such rules for training shall include: |
| 90 | 1. Sections of the most current edition of the National |
| 91 | Fire Protection Association, Inc., Publication 1402, Guide to |
| 92 | Building Fire Service Training Centers, relating to establishing |
| 93 | policies and procedures for effective use of such permanent |
| 94 | facilities or structures. |
| 95 | 2. Sections of the most current edition of the National |
| 96 | Fire Protection Association, Inc., Publication 1403, Standard on |
| 97 | Live Fire Training Evolutions (1997 edition), excluding: |
| 98 | a. Any chapter entitled ?Referenced Publications.? |
| 99 | b. References to the National Fire Protection Association, |
| 100 | Inc., Publication 1975, Station Uniform. |
| 101 | c. The National Fire Protection Association, Inc., |
| 102 | Publication 1001, or any reference to such publication in the |
| 103 | National Fire Protection Association, Inc., Publication 1975. |
| 104 | d. Any reference to authority having jurisdiction in the |
| 105 | National Fire Protection Association, Inc., publication 1403, |
| 106 | defined as the organization, office, or individual responsible |
| 107 | for approving equipment, materials, installations, and |
| 108 | procedures. |
| 109 | 3. A 40-hour training program for instructors including: |
| 110 | a. Live fire instructional techniques. |
| 111 | b. Training safety in acquired or permanent facilities or |
| 112 | props. |
| 113 | c. Personnel safety. |
| 114 | d. Exterior props, including, but not limited to, liquid |
| 115 | petroleum gas, other liquid fuels, and similar props. |
| 116 | (c) Such rules, excluding live fire training instructor |
| 117 | certification, shall take effect no later than January 1, 2005. |
| 118 | (d) State certification as a live fire training instructor |
| 119 | is required for live fire training on and after January 1, 2006. |
| 120 | (e) This subsection does not apply to wildland training |
| 121 | credentialed through the National Wildfire Coordinating Group by |
| 122 | the Division of Forestry. |
| 123 | Section 3. This act shall take effect upon becoming a law. |