Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. HB 647, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1A/AD/3R         .                                
             04/29/2019 01:37 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (799580) (with title
    2  amendment)
    3  
    4         Delete lines 85 - 250
    5  and insert:
    6         (4) The procedures set forth in this section do not apply
    7  to the installation or replacement of a fire alarm system if a
    8  plans review is not required by the local enforcement agency.
    9         (5)For repairs to an existing fire alarm system that was
   10  previously permitted by the local enforcement agency, the
   11  contractor may begin the repair upon filing the uniform fire
   12  alarm permit application with the local enforcement agency if
   13  the local enforcement agency requires fire alarm permits for
   14  repairs.
   15         Section 2. Subsection (1) of section 633.216, Florida
   16  Statutes, is amended to read:
   17         633.216 Inspection of buildings and equipment; orders;
   18  firesafety inspection training requirements; certification;
   19  disciplinary action.—The State Fire Marshal and her or his
   20  agents or persons authorized to enforce laws and rules of the
   21  State Fire Marshal shall, at any reasonable hour, when the State
   22  Fire Marshal has reasonable cause to believe that a violation of
   23  this chapter or s. 509.215, or a rule adopted thereunder, or a
   24  minimum firesafety code adopted by the State Fire Marshal or a
   25  local authority, may exist, inspect any and all buildings and
   26  structures which are subject to the requirements of this chapter
   27  or s. 509.215 and rules adopted thereunder. The authority to
   28  inspect shall extend to all equipment, vehicles, and chemicals
   29  which are located on or within the premises of any such building
   30  or structure.
   31         (1) Each county, municipality, and special district that
   32  has firesafety enforcement responsibilities shall employ or
   33  contract with a firesafety inspector. Except as provided in s.
   34  633.312(2), and (3), and (4), the firesafety inspector must
   35  conduct all firesafety inspections that are required by law. The
   36  governing body of a county, municipality, or special district
   37  that has firesafety enforcement responsibilities may provide a
   38  schedule of fees to pay only the costs of inspections conducted
   39  pursuant to this subsection and related administrative expenses.
   40  Two or more counties, municipalities, or special districts that
   41  have firesafety enforcement responsibilities may jointly employ
   42  or contract with a firesafety inspector.
   43         Section 3. Present subsections (4) and (5) of section
   44  633.312, Florida Statutes, are redesignated as subsections (5)
   45  and (6), respectively, and subsection (3) of that section is
   46  amended, to read:
   47         633.312 Inspection of fire control systems, fire hydrants,
   48  and fire protection systems.—
   49         (3)(a) The inspecting contractor shall provide to the
   50  building owner or hydrant owner and the local authority having
   51  jurisdiction a copy of the applicable uniform summary inspection
   52  report established under this chapter. The local authority
   53  having jurisdiction may accept uniform summary inspection
   54  reports by United States mail, by hand delivery, by electronic
   55  submission, or through a third-party vendor that collects the
   56  reports on behalf of the local authority having jurisdiction.
   57         (b) The State Fire Marshal shall adopt rules to implement a
   58  uniform summary inspection report and submission procedures to
   59  be used by all third-party vendors and local authorities having
   60  jurisdiction. For purposes of this section, a uniform summary
   61  inspection report must record the address where the fire
   62  protection system or hydrant is located, the company and person
   63  conducting the inspection and their license number, the date of
   64  the inspection, and the fire protection system or hydrant
   65  inspection status, including a brief summary of each deficiency,
   66  critical deficiency, noncritical deficiency, or impairment
   67  found. A contractor’s detailed inspection report is not required
   68  to follow the uniform summary inspection report format. The
   69  State Fire Marshal shall establish by rule a submission
   70  procedure for each means provided under paragraph (a) by which a
   71  local authority having jurisdiction may accept uniform summary
   72  inspection reports. Each of the submission procedures must allow
   73  a contractor to attach additional documents with the submission
   74  of a uniform summary inspection report, including a physical
   75  copy of the contractor’s detailed inspection report. A
   76  submission procedure may not require a contractor to submit
   77  information contained within the detailed inspection report
   78  unless the information is required to be included in the uniform
   79  summary inspection report.
   80         (4) The maintenance of fire hydrant and fire protection
   81  systems as well as corrective actions on deficient systems is
   82  the responsibility of the owner of the system or hydrant.
   83  Equipment requiring periodic testing or operation to ensure its
   84  maintenance shall be tested or operated as specified in the Fire
   85  Prevention Code, Life Safety Code, National Fire Protection
   86  Association standards, or as directed by the appropriate
   87  authority, provided that such appropriate authority may not
   88  require a sprinkler system not required by the Fire Prevention
   89  Code, Life Safety Code, or National Fire Protection Association
   90  standards to be removed regardless of its condition. This
   91  section does not prohibit governmental entities from inspecting
   92  and enforcing firesafety codes.
   93         Section 4. Paragraph (l) of subsection (2) of section
   94  718.112, Florida Statutes, is amended to read:
   95         718.112 Bylaws.—
   96         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   97  following and, if they do not do so, shall be deemed to include
   98  the following:
   99         (l) Certificate of compliance.—A provision that a
  100  certificate of compliance from a licensed electrical contractor
  101  or electrician may be accepted by the association’s board as
  102  evidence of compliance of the condominium units with the
  103  applicable fire and life safety code must be included.
  104  Notwithstanding chapter 633 or of any other code, statute,
  105  ordinance, administrative rule, or regulation, or any
  106  interpretation of the foregoing, an association, residential
  107  condominium, or unit owner is not obligated to retrofit the
  108  common elements, association property, or units of a residential
  109  condominium with a fire sprinkler system in a building that has
  110  been certified for occupancy by the applicable governmental
  111  entity if the unit owners have voted to forego such retrofitting
  112  by the affirmative vote of a majority of all voting interests in
  113  the affected condominium. The local authority having
  114  jurisdiction may not require completion of retrofitting with a
  115  fire sprinkler system or completion of installation of an
  116  engineered life safety system before January 1, 2024 2020. By
  117  December 31, 2020 2016, a residential condominium association
  118  that is not in compliance with the requirements for a fire
  119  sprinkler system and that had has not voted to forego
  120  retrofitting of such a system by December 31, 2016, must
  121  initiate an application for a building permit for the required
  122  installation with the local government having jurisdiction
  123  demonstrating that the association will become compliant by
  124  December 31, 2023 2019.
  125         1. A vote to forego retrofitting may be obtained by limited
  126  proxy or by a ballot personally cast at a duly called membership
  127  meeting, or by execution of a written consent by the member, and
  128  is effective upon recording a certificate attesting to such vote
  129  in the public records of the county where the condominium is
  130  located. The association shall mail or hand deliver to each unit
  131  owner written notice at least 14 days before the membership
  132  meeting in which the vote to forego retrofitting of the required
  133  fire sprinkler system is to take place. Within 30 days after the
  134  association’s opt-out vote, notice of the results of the opt-out
  135  vote must be mailed or hand delivered to all unit owners.
  136  Evidence of compliance with this notice requirement must be made
  137  by affidavit executed by the person providing the notice and
  138  filed among the official records of the association. After
  139  notice is provided to each owner, a copy must be provided by the
  140  current owner to a new owner before closing and by a unit owner
  141  to a renter before signing a lease.
  142         2. If there has been a previous vote to forego
  143  retrofitting, a vote to require retrofitting may be obtained at
  144  a special meeting of the unit owners called by a petition of at
  145  least 10 percent of the voting interests. Such a vote may only
  146  be called once every 3 years. Notice shall be provided as
  147  required for any regularly called meeting of the unit owners,
  148  and must state the purpose of the meeting. Electronic
  149  transmission may not be used to provide notice of a meeting
  150  called in whole or in part for this purpose.
  151         3. As part of the information collected annually from
  152  condominiums, the division shall require condominium
  153  associations to report the membership vote and recording of a
  154  certificate under this subsection and, if retrofitting has been
  155  undertaken, the per-unit cost of such work. The division shall
  156  annually report to the Division of State Fire Marshal of the
  157  Department of Financial Services the number of condominiums that
  158  have elected to forego retrofitting.
  159         4. Notwithstanding s. 553.509, a residential association
  160  may not be obligated to, and may forego the retrofitting of, any
  161  improvements required by s. 553.509(2) upon an affirmative vote
  162  of a majority of the voting interests in the affected
  163  condominium.
  164         5.This paragraph does not apply to timeshare condominium
  165  associations, which shall be governed by s. 721.24.
  166  
  167  ================= T I T L E  A M E N D M E N T ================
  168  And the title is amended as follows:
  169         Delete lines 280 - 311
  170  and insert:
  171         applications; providing applicability; authorizing
  172         contractors, under certain circumstances, to begin
  173         fire alarm system repairs upon filing the uniform fire
  174         alarm permit application; amending s. 633.216, F.S.;
  175         conforming a cross-reference; amending s. 633.312,
  176         F.S.; authorizing local authorities having
  177         jurisdiction to accept uniform summary inspection
  178         reports of certain fire hydrants and fire protection
  179         systems by certain means; requiring the State Fire
  180         Marshal to adopt rules implementing a uniform summary
  181         inspection report and certain submission procedures;
  182         providing requirements for such uniform report and
  183         procedures; providing that such procedures may not
  184         require a contractor to submit certain information;
  185         amending s. 718.112, F.S.; extending and specifying
  186         the date before which a local authority having
  187         jurisdiction may not require a condominium to complete
  188         retrofitting with a fire sprinkler system or complete
  189         installation of an engineered life safety system,
  190         respectively; requiring certain residential
  191         condominium associations that had not voted to forego
  192         retrofitting as of a certain date to initiate a
  193         certain building permit application by a certain date;
  194         providing applicability; requiring the State