Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. HB 647, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AE/3R         .                                
             04/29/2019 03:26 PM       .                                

       Senator Hooper moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 553.792, Florida Statutes, is amended to
    6  read:
    7         553.792 Building permit application to local government;
    8  fire alarm permit applications.—
    9         (1) Within 10 days of an applicant submitting an
   10  application to the local government, the local government shall
   11  advise the applicant what information, if any, is needed to deem
   12  the application properly completed in compliance with the filing
   13  requirements published by the local government. If the local
   14  government does not provide written notice that the applicant
   15  has not submitted the properly completed application, the
   16  application shall be automatically deemed properly completed and
   17  accepted. Within 45 days after receiving a completed
   18  application, a local government must notify an applicant if
   19  additional information is required for the local government to
   20  determine the sufficiency of the application, and shall specify
   21  the additional information that is required. The applicant must
   22  submit the additional information to the local government or
   23  request that the local government act without the additional
   24  information. While the applicant responds to the request for
   25  additional information, the 120-day period described in this
   26  subsection is tolled. Both parties may agree to a reasonable
   27  request for an extension of time, particularly in the event of a
   28  force major or other extraordinary circumstance. The local
   29  government must approve, approve with conditions, or deny the
   30  application within 120 days following receipt of a completed
   31  application.
   32         (2) The procedures set forth in subsection (1) apply to the
   33  following building permit applications: accessory structure;
   34  alarm permit; nonresidential buildings less than 25,000 square
   35  feet; electric; irrigation permit; landscaping; mechanical;
   36  plumbing; residential units other than a single family unit;
   37  multifamily residential not exceeding 50 units; roofing; signs;
   38  site-plan approvals and subdivision plats not requiring public
   39  hearings or public notice; and lot grading and site alteration
   40  associated with the permit application set forth in this
   41  subsection. The procedures set forth in subsection (1) do not
   42  apply to permits for any wireless communications facilities or
   43  when a law, agency rule, or local ordinance specify different
   44  timeframes for review of local building permit applications.
   45         (3)Beginning October 1, 2019, for any project requiring a
   46  fire alarm permit, a uniform fire alarm permit application must
   47  be used and submitted to the local enforcement agency along with
   48  any required drawings, plans, and supporting documentation. The
   49  uniform fire alarm permit application may be submitted
   50  electronically or by facsimile and must be signed by the owner,
   51  contractor, or authorized representative of either such person.
   52  The uniform fire alarm permit application must contain the
   53  following information in substantially the following form:
   55                UNIFORM FIRE ALARM PERMIT APPLICATION              
   57         Tax Folio No.: ....
   58         Application No.: ....
   59         Owner or Representative Name: ....
   60         Property Address: ....
   61         City: .... State: .... Zip: ....
   62         Phone: ....
   63         Fee Simple Titleholder’s Name (if other than owner): ....
   64         Fee Simple Titleholder’s Address (if other than owner):
   65  ....
   66         Description of Work: .... New Install .... Replacement ....
   67  Addition .... Other ....
   68         Construction Type: ....
   69         Proposed Use: ....
   70         Alarm Contractor’s Name: ....
   71         Alarm Contractor’s Address: ....
   72         City: .... State: .... Zip: ....
   73         Phone: ....
   74         Alarm Contractor’s License No: ....
   76         Application is hereby made to obtain a permit to do the
   77  work and installation as indicated. I certify that no work or
   78  installation has commenced before the filing of this permit
   79  application. I certify that all of the foregoing information is
   80  true and accurate.
   82         ...(Signature of Owner, Contractor, or Agent)...
   83         Printed Name: ....
   85         (4) The procedures set forth in this section do not apply
   86  to the installation or replacement of a fire alarm system if a
   87  plans review is not required by the local enforcement agency.
   88         (5) For repairs to an existing fire alarm system that was
   89  previously permitted by the local enforcement agency, the
   90  contractor may begin the repair upon filing the uniform fire
   91  alarm permit application with the local enforcement agency if
   92  the local enforcement agency requires fire alarm permits for
   93  repairs.
   94         Section 2. Subsection (1) of section 633.216, Florida
   95  Statutes, is amended to read:
   96         633.216 Inspection of buildings and equipment; orders;
   97  firesafety inspection training requirements; certification;
   98  disciplinary action.—The State Fire Marshal and her or his
   99  agents or persons authorized to enforce laws and rules of the
  100  State Fire Marshal shall, at any reasonable hour, when the State
  101  Fire Marshal has reasonable cause to believe that a violation of
  102  this chapter or s. 509.215, or a rule adopted thereunder, or a
  103  minimum firesafety code adopted by the State Fire Marshal or a
  104  local authority, may exist, inspect any and all buildings and
  105  structures which are subject to the requirements of this chapter
  106  or s. 509.215 and rules adopted thereunder. The authority to
  107  inspect shall extend to all equipment, vehicles, and chemicals
  108  which are located on or within the premises of any such building
  109  or structure.
  110         (1) Each county, municipality, and special district that
  111  has firesafety enforcement responsibilities shall employ or
  112  contract with a firesafety inspector. Except as provided in s.
  113  633.312(2), and (3), and (4), the firesafety inspector must
  114  conduct all firesafety inspections that are required by law. The
  115  governing body of a county, municipality, or special district
  116  that has firesafety enforcement responsibilities may provide a
  117  schedule of fees to pay only the costs of inspections conducted
  118  pursuant to this subsection and related administrative expenses.
  119  Two or more counties, municipalities, or special districts that
  120  have firesafety enforcement responsibilities may jointly employ
  121  or contract with a firesafety inspector.
  122         Section 3. Present subsections (4) and (5) of section
  123  633.312, Florida Statutes, are redesignated as subsections (5)
  124  and (6), respectively, and subsection (3) of that section is
  125  amended, to read:
  126         633.312 Inspection of fire control systems, fire hydrants,
  127  and fire protection systems.—
  128         (3)(a) The inspecting contractor shall provide to the
  129  building owner or hydrant owner and the local authority having
  130  jurisdiction a copy of the applicable uniform summary inspection
  131  report established under this chapter. The local authority
  132  having jurisdiction may accept uniform summary inspection
  133  reports by United States mail, by hand delivery, by electronic
  134  submission, or through a third-party vendor that collects the
  135  reports on behalf of the local authority having jurisdiction.
  136         (b) The State Fire Marshal shall adopt rules to implement a
  137  uniform summary inspection report and submission procedures to
  138  be used by all third-party vendors and local authorities having
  139  jurisdiction. For purposes of this section, a uniform summary
  140  inspection report must record the address where the fire
  141  protection system or hydrant is located, the company and person
  142  conducting the inspection and their license number, the date of
  143  the inspection, and the fire protection system or hydrant
  144  inspection status, including a brief summary of each deficiency,
  145  critical deficiency, noncritical deficiency, or impairment
  146  found. A contractor’s detailed inspection report is not required
  147  to follow the uniform summary inspection report format. The
  148  State Fire Marshal shall establish by rule a submission
  149  procedure for each means provided under paragraph (a) by which a
  150  local authority having jurisdiction may accept uniform summary
  151  inspection reports. Each of the submission procedures must allow
  152  a contractor to attach additional documents with the submission
  153  of a uniform summary inspection report, including a physical
  154  copy of the contractor’s detailed inspection report. A
  155  submission procedure may not require a contractor to submit
  156  information contained within the detailed inspection report
  157  unless the information is required to be included in the uniform
  158  summary inspection report.
  159         (4) The maintenance of fire hydrant and fire protection
  160  systems as well as corrective actions on deficient systems is
  161  the responsibility of the owner of the system or hydrant.
  162  Equipment requiring periodic testing or operation to ensure its
  163  maintenance shall be tested or operated as specified in the Fire
  164  Prevention Code, Life Safety Code, National Fire Protection
  165  Association standards, or as directed by the appropriate
  166  authority, provided that such appropriate authority may not
  167  require a sprinkler system not required by the Fire Prevention
  168  Code, Life Safety Code, or National Fire Protection Association
  169  standards to be removed regardless of its condition. This
  170  section does not prohibit governmental entities from inspecting
  171  and enforcing firesafety codes.
  172         Section 4. Paragraph (l) of subsection (2) of section
  173  718.112, Florida Statutes, is amended to read:
  174         718.112 Bylaws.—
  175         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  176  following and, if they do not do so, shall be deemed to include
  177  the following:
  178         (l) Certificate of compliance.—A provision that a
  179  certificate of compliance from a licensed electrical contractor
  180  or electrician may be accepted by the association’s board as
  181  evidence of compliance of the condominium units with the
  182  applicable fire and life safety code must be included.
  183  Notwithstanding chapter 633 or of any other code, statute,
  184  ordinance, administrative rule, or regulation, or any
  185  interpretation of the foregoing, an association, residential
  186  condominium, or unit owner is not obligated to retrofit the
  187  common elements, association property, or units of a residential
  188  condominium with a fire sprinkler system in a building that has
  189  been certified for occupancy by the applicable governmental
  190  entity if the unit owners have voted to forego such retrofitting
  191  by the affirmative vote of a majority of all voting interests in
  192  the affected condominium. The local authority having
  193  jurisdiction may not require completion of retrofitting with a
  194  fire sprinkler system or completion of installation of an
  195  engineered life safety system before January 1, 2024 2020. By
  196  December 31, 2020 2016, a residential condominium association
  197  that is not in compliance with the requirements for a fire
  198  sprinkler system and that had has not voted to forego
  199  retrofitting of such a system by December 31, 2016, must
  200  initiate an application for a building permit for the required
  201  installation with the local government having jurisdiction
  202  demonstrating that the association will become compliant by
  203  December 31, 2023 2019.
  204         1. A vote to forego retrofitting may be obtained by limited
  205  proxy or by a ballot personally cast at a duly called membership
  206  meeting, or by execution of a written consent by the member, and
  207  is effective upon recording a certificate attesting to such vote
  208  in the public records of the county where the condominium is
  209  located. The association shall mail or hand deliver to each unit
  210  owner written notice at least 14 days before the membership
  211  meeting in which the vote to forego retrofitting of the required
  212  fire sprinkler system is to take place. Within 30 days after the
  213  association’s opt-out vote, notice of the results of the opt-out
  214  vote must be mailed or hand delivered to all unit owners.
  215  Evidence of compliance with this notice requirement must be made
  216  by affidavit executed by the person providing the notice and
  217  filed among the official records of the association. After
  218  notice is provided to each owner, a copy must be provided by the
  219  current owner to a new owner before closing and by a unit owner
  220  to a renter before signing a lease.
  221         2. If there has been a previous vote to forego
  222  retrofitting, a vote to require retrofitting may be obtained at
  223  a special meeting of the unit owners called by a petition of at
  224  least 10 percent of the voting interests. Such a vote may only
  225  be called once every 3 years. Notice shall be provided as
  226  required for any regularly called meeting of the unit owners,
  227  and must state the purpose of the meeting. Electronic
  228  transmission may not be used to provide notice of a meeting
  229  called in whole or in part for this purpose.
  230         3. As part of the information collected annually from
  231  condominiums, the division shall require condominium
  232  associations to report the membership vote and recording of a
  233  certificate under this subsection and, if retrofitting has been
  234  undertaken, the per-unit cost of such work. The division shall
  235  annually report to the Division of State Fire Marshal of the
  236  Department of Financial Services the number of condominiums that
  237  have elected to forego retrofitting.
  238         4. Notwithstanding s. 553.509, a residential association
  239  may not be obligated to, and may forego the retrofitting of, any
  240  improvements required by s. 553.509(2) upon an affirmative vote
  241  of a majority of the voting interests in the affected
  242  condominium.
  243         5. This paragraph does not apply to timeshare condominium
  244  associations, which shall be governed by s. 721.24.
  245         Section 5. By July 1, 2019, the State Fire Marshal shall
  246  issue a data call to all local fire officials to collect data
  247  regarding high-rise condominiums greater than 75 feet in height
  248  which have not retrofitted with a fire sprinkler system or an
  249  engineered life safety system in accordance with ss. 633.208(5)
  250  and 718.112(2)(l), Florida Statutes. Local fire officials shall
  251  submit such data to the State Fire Marshal and shall include,
  252  for each individual building, the address, the number of units,
  253  and the number of stories. By July 1, 2020, all data must be
  254  received and compiled into a report by city and county. By
  255  September 1, 2020, the report must be sent to the Governor, the
  256  President of the Senate, and the Speaker of the House of
  257  Representatives.
  258         Section 6. This act shall take effect upon becoming a law.
  260  ================= T I T L E  A M E N D M E N T ================
  261  And the title is amended as follows:
  262         Delete everything before the enacting clause
  263  and insert:
  264                        A bill to be entitled                      
  265         An act relating to firesafety systems; amending s.
  266         553.792, F.S.; requiring, beginning on a certain date,
  267         that a uniform fire alarm permit application, along
  268         with certain other information, be used and submitted
  269         to the local enforcement agency for any project
  270         requiring a fire alarm permit; providing that such
  271         application may be submitted by certain means;
  272         providing a signature requirement; specifying
  273         information required in, and a form for, such
  274         applications; providing applicability; authorizing
  275         contractors, under certain circumstances, to begin
  276         fire alarm system repairs upon filing the uniform fire
  277         alarm permit application; amending s. 633.216, F.S.;
  278         conforming a cross-reference; amending s. 633.312,
  279         F.S.; authorizing local authorities having
  280         jurisdiction to accept uniform summary inspection
  281         reports of certain fire hydrants and fire protection
  282         systems by certain means; requiring the State Fire
  283         Marshal to adopt rules implementing a uniform summary
  284         inspection report and certain submission procedures;
  285         providing requirements for such uniform report and
  286         procedures; providing that such procedures may not
  287         require a contractor to submit certain information;
  288         amending s. 718.112, F.S.; extending and specifying
  289         the date before which a local authority having
  290         jurisdiction may not require a condominium to complete
  291         retrofitting with a fire sprinkler system or complete
  292         installation of an engineered life safety system,
  293         respectively; requiring certain residential
  294         condominium associations that had not voted to forego
  295         retrofitting as of a certain date to initiate a
  296         certain building permit application by a certain date;
  297         providing applicability; requiring the State Fire
  298         Marshal, by a certain date, to issue a data call to
  299         all local fire officials to collect data on certain
  300         high-rise condominiums; specifying data that local
  301         fire officials must submit; requiring that all data be
  302         received and compiled into a certain report by a
  303         certain date; requiring that the report be sent to the
  304         Governor and the Legislature by a certain date;
  305         providing an effective date.