Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2836
                        Barcode 830074
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: WD              .                    
       04/24/2007 05:15 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Transportation and Economic Development
12  Appropriations (Diaz de la Portilla) recommended the following
13  amendment:
14  
15         Senate Amendment (with title amendment) 
16         On page 24, between lines 29 and 30,
17  
18  insert:  
19         Section 8.  Subsection (2) of section 633.081, Florida
20  Statutes, is amended to read:
21         633.081  Inspection of buildings and equipment; orders;
22  firesafety inspection training requirements; certification;
23  disciplinary action.--The State Fire Marshal and her or his
24  agents shall, at any reasonable hour, when the department has
25  reasonable cause to believe that a violation of this chapter
26  or s. 509.215, or a rule promulgated thereunder, or a minimum
27  firesafety code adopted by a local authority, may exist,
28  inspect any and all buildings and structures which are subject
29  to the requirements of this chapter or s. 509.215 and rules
30  promulgated thereunder. The authority to inspect shall extend
31  to all equipment, vehicles, and chemicals which are located
                                  1
    9:13 AM   04/23/07                           s2836c1c-ta36-c05
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2836
                        Barcode 830074
 1  within the premises of any such building or structure.
 2         (2)  Every firesafety inspection conducted pursuant to
 3  state or local firesafety requirements shall be by a person
 4  certified as having met the inspection training requirements
 5  set by the State Fire Marshal.  Such person shall:
 6         (a)  Be a high school graduate or the equivalent as
 7  determined by the department;
 8         (b)  Not have been found guilty of, or having pleaded
 9  guilty or nolo contendere to, a felony or a crime punishable
10  by imprisonment of 1 year or more under the law of the United
11  States, or of any state thereof, which involves moral
12  turpitude, without regard to whether a judgment of conviction
13  has been entered by the court having jurisdiction of such
14  cases;
15         (c)  Have her or his fingerprints on file with the
16  department or with an agency designated by the department;
17         (d)  Have good moral character as determined by the
18  department;
19         (e)  Be a resident of Florida;
20         (e)(f)  Have satisfactorily completed the firesafety
21  inspector certification examination as prescribed by the
22  department; and
23         (f)(g)1.  Have satisfactorily completed, as determined
24  by the department, a firesafety inspector training program of
25  not less than 200 hours, as established by the department and
26  administered by such agencies and institutions as approved by
27  the department for the purpose of providing basic
28  certification training for firesafety inspectors; or
29         2.  Have received in another state training which is
30  determined by the department to be at least equivalent to that
31  required by the department for approved firesafety inspector
                                  2
    9:13 AM   04/23/07                           s2836c1c-ta36-c05
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2836
                        Barcode 830074
 1  education and training programs in this state.
 2         Section 9.  Subsections (1) and (3) of section 633.082,
 3  Florida Statutes, are amended to read:
 4         633.082  Inspection of fire control systems, fire
 5  hydrants, and fire protection systems.--
 6         (1)  The State Fire Marshal shall have the right to
 7  inspect any fire control or fire protection system during and
 8  after construction to determine that such system meets the
 9  standards set forth in the laws and rules of the state. This
10  section does not prohibit a governmental entity from
11  inspecting and enforcing firesafety codes if the inspector for
12  the governmental entity is certified under s. 633.081.
13         (3)  The inspecting contractor shall provide to the
14  building owner or hydrant owner and the local authority having
15  jurisdiction a copy of the applicable inspection report
16  established under this chapter. The maintenance of fire
17  hydrant and fire protection systems as well as corrective
18  actions on deficient systems is the responsibility of the
19  owner of the system or hydrant. This section does not prohibit
20  governmental entities from inspecting and enforcing firesafety
21  codes.
22         Section 10.  Subsection (9) of section 633.521, Florida
23  Statutes, is amended, and subsection (11) is added to that
24  section, to read:
25         633.521  Certificate application and issuance; permit
26  issuance; examination and investigation of applicant.--
27         (9)  It is the intent of the Legislature that the
28  inspections and testing of automatic fire sprinkler systems
29  for detached one-family dwellings, detached two-family
30  dwellings, and mobile homes be accomplished by the owner, who
31  is responsible for requesting service from a contractor when
                                  3
    9:13 AM   04/23/07                           s2836c1c-ta36-c05
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2836
                        Barcode 830074
 1  necessary. It is further intended that the NFPA-25 inspection
 2  of exposed underground piping and any attached appurtenances
 3  supplying a fire protection system be conducted by a
 4  Contractor I or Contractor II.
 5         (11)  It is intended that a certificateholder, or a
 6  permitholder who is employed by a certificateholder, conduct
 7  inspections required by this chapter. It is understood that
 8  after July 1, 2008, employee turnover may result in a
 9  depletion of personnel who are certified under the NICET
10  Sub-field of Inspection and Testing of Fire Protection Systems
11  Level II which is required for permitholders. The extensive
12  training and experience necessary to achieve NICET Level II
13  certification is recognized. A certificateholder may therefore
14  obtain a provisional permit with an endorsement for
15  inspection, testing, and maintenance of water-based fire
16  extinguishing systems for an employee if the employee has
17  initiated procedures for obtaining Level II certification from
18  the National Institute for Certification in Engineering
19  Technologies Sub-field of Inspection and Testing of Fire
20  Protection Systems and achieved Level I certification. After 2
21  years of provisional certification, the employee must have
22  achieved NICET Level II certification or cease performing
23  inspections requiring Level II certification. The provisional
24  permit is valid only for the 2 calendar years after the date
25  of issuance, may not be extended, and is not renewable. After
26  the initial 2-year provisional permit expires, the
27  certificateholder must wait 2 additional years before a new
28  provisional permit may be issued. The intent is to prohibit
29  the certificateholder from using employees who never reach
30  NICET Level II status by continuously obtaining provisional
31  permits.
                                  4
    9:13 AM   04/23/07                           s2836c1c-ta36-c05
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2836
                        Barcode 830074
 1         Section 11.  Subsection (4) of section 633.537, Florida
 2  Statutes, is amended to read:
 3         633.537  Certificate; expiration; renewal; inactive
 4  certificate; continuing education.--
 5         (4)  The renewal period for the permit class is the
 6  same as that for of the employing certificateholder. The
 7  continuing education requirements for permitholders are what
 8  is required to maintain NICET Sub-field of Inspection and
 9  Testing of Fire Protection Systems Level II or higher
10  certification plus 8 shall be 8 contact hours by June 30,
11  2006. An additional 16 contact hours of continuing education
12  is required by June 30, 2008, and during each biennial renewal
13  period thereafter. The continuing education curriculum from
14  July 1, 2005, until July 1, 2008, shall be the preparatory
15  curriculum for NICET II certification; after July 1, 2008, the
16  technical curriculum is at the discretion of the State Fire
17  Marshal and may be used to meet the maintenance of NICET Level
18  II certification and 8 contact hours of continuing education
19  requirements. It is the responsibility of the permitholder to
20  maintain NICET II certification as a condition of permit
21  renewal after July 1, 2008.
22  
23  (Redesignate subsequent sections.)
24  
25  
26  ================ T I T L E   A M E N D M E N T ===============
27  And the title is amended as follows:
28         On page 2, line 19, after the semicolon,
29  
30  insert:
31         amending s. 633.081, F.S.; deleting the
                                  5
    9:13 AM   04/23/07                           s2836c1c-ta36-c05
    Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2836
                        Barcode 830074
 1         requirement that a certified firesafety
 2         inspector be a resident of Florida; amending s.
 3         633.082, F.S.; requiring a firesafety inspector
 4         for a governmental entity to be certified;
 5         amending s. 633.521, F.S.; providing for
 6         provisional permits for inspectors of certain
 7         fire protection systems; providing a time
 8         limitation for such permits; amending s.
 9         633.537, F.S.; revising continuing education
10         requirements;
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  6
    9:13 AM   04/23/07                           s2836c1c-ta36-c05