Florida Senate - 2019 SENATOR AMENDMENT
Bill No. HB 647, 1st Eng.
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
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
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):
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
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.
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
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
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.