Florida Senate - 2019 CS for SB 908
By the Committee on Banking and Insurance; and Senator Hooper
1 A bill to be entitled
2 An act relating to firesafety systems; amending s.
3 553.792, F.S.; requiring that a uniform fire alarm
4 permit application, along with certain other
5 information, be used and submitted to the local
6 enforcement agency for any project requiring a fire
7 alarm permit; providing that such application may be
8 submitted by certain means; providing a signature
9 requirement; specifying information required in, and a
10 form for, such applications; providing applicability
11 of certain building permit application procedures;
12 authorizing contractors, under certain circumstances,
13 to begin repairs of fire alarm system upon filing the
14 uniform fire alarm permit application; amending s.
15 633.216, F.S.; conforming a cross-reference; amending
16 s. 633.312, F.S.; authorizing local authorities having
17 jurisdiction to accept uniform summary inspection
18 reports of certain fire hydrants and fire protection
19 systems by certain means; requiring the State Fire
20 Marshal to adopt rules implementing a uniform summary
21 inspection report and certain submission procedures;
22 providing requirements for such uniform report and
23 procedures; providing that such procedures may not
24 require a contractor to submit certain information;
25 amending s. 718.112, F.S.; requiring that condominium
26 association bylaws provide requirements for the
27 association’s reasonable compliance with the Florida
28 Fire Prevention Code; defining the term “reasonable
29 compliance”; providing construction; specifying
30 authorized means of compliance for certain residential
31 condominiums; deleting a requirement for association
32 bylaws to contain a certain certificate of compliance
33 provision; deleting an exemption from a requirement to
34 retrofit certain condominium property with a fire
35 sprinkler system; deleting procedures for such
36 exemption; extending the date before which a local
37 authority having jurisdiction may not require
38 completion of retrofitting with a fire sprinkler
39 system; specifying the date before which a local
40 authority having jurisdiction may not require
41 completion of installation of an engineered life
42 safety system; requiring a residential condominium
43 association that is not in compliance with certain
44 requirements to perform certain duties by specified
45 dates; providing a penalty; requiring the Division of
46 Florida Condominiums, Timeshares, and Mobile Homes of
47 the Department of Business and Professional Regulation
48 to collect such penalty payments and remit them to the
49 Firefighter Assistance Grant Program within the
50 Division of State Fire Marshal of the Department of
51 Financial Services; deleting an obsolete provision;
52 deleting requirements for condominium associations to
53 report certain information to the Division of Florida
54 Condominiums, Timeshares, and Mobile Homes and for the
55 division to report certain information to the Division
56 of State Fire Marshal; providing an effective date.
58 Be It Enacted by the Legislature of the State of Florida:
60 Section 1. Section 553.792, Florida Statutes, is amended to
62 553.792 Building permit application to local government;
63 fire alarm permit applications.—
64 (1) Within 10 days of an applicant submitting an
65 application to the local government, the local government shall
66 advise the applicant what information, if any, is needed to deem
67 the application properly completed in compliance with the filing
68 requirements published by the local government. If the local
69 government does not provide written notice that the applicant
70 has not submitted the properly completed application, the
71 application shall be automatically deemed properly completed and
72 accepted. Within 45 days after receiving a completed
73 application, a local government must notify an applicant if
74 additional information is required for the local government to
75 determine the sufficiency of the application, and shall specify
76 the additional information that is required. The applicant must
77 submit the additional information to the local government or
78 request that the local government act without the additional
79 information. While the applicant responds to the request for
80 additional information, the 120-day period described in this
81 subsection is tolled. Both parties may agree to a reasonable
82 request for an extension of time, particularly in the event of a
83 force major or other extraordinary circumstance. The local
84 government must approve, approve with conditions, or deny the
85 application within 120 days following receipt of a completed
87 (2) The procedures set forth in subsection (1) apply to the
88 following building permit applications: accessory structure;
89 alarm permit; nonresidential buildings less than 25,000 square
90 feet; electric; irrigation permit; landscaping; mechanical;
91 plumbing; residential units other than a single family unit;
92 multifamily residential not exceeding 50 units; roofing; signs;
93 site-plan approvals and subdivision plats not requiring public
94 hearings or public notice; and lot grading and site alteration
95 associated with the permit application set forth in this
96 subsection. The procedures set forth in subsection (1) do not
97 apply to permits for any wireless communications facilities or
98 when a law, agency rule, or local ordinance specify different
99 timeframes for review of local building permit applications.
100 (3) For any project requiring a fire alarm permit, a
101 uniform fire alarm permit application must be used and submitted
102 to the local enforcement agency along with any required
103 drawings, plans, and supporting documentation. The uniform fire
104 alarm permit application may be submitted electronically or by
105 facsimile and must be signed by the owner, contractor, or
106 authorized representative of either such person. The uniform
107 fire alarm permit application must contain the following
108 information in substantially the following form:
110 UNIFORM FIRE ALARM PERMIT APPLICATION
112 Tax Folio No.: ....
113 Application No.: ....
114 Owner or Representative Name: ....
115 Property Address: ....
116 City: .... State: .... Zip: ....
117 Phone: ....
118 Fee Simple Titleholder’s Name (if other than owner): ....
119 Fee Simple Titleholder’s Address (if other than owner):
121 Description of Work: .... New Install .... Replacement ....
122 Addition .... Other ....
123 Construction Type: ....
124 Proposed Use: ....
125 Alarm Contractor’s Name: ....
126 Alarm Contractor’s Address: ....
127 City: .... State: .... Zip: ....
128 Phone: ....
129 Alarm Contractor’s License No: ....
131 Application is hereby made to obtain a permit to do the
132 work and installation as indicated. I certify that no work or
133 installation has commenced before the filing of this permit
134 application. I certify that all of the foregoing information is
135 true and accurate.
137 ...(Signature of Owner, Contractor, or Agent)...
138 Printed Name: ....
140 (4) The procedures set forth in subsection (1) do not apply
141 to the installation or replacement of a fire alarm system if a
142 plans review is not required by the local enforcement agency.
143 (5) For repairs to an existing fire alarm system that was
144 previously permitted by the local enforcement agency, the
145 contractor may begin the repair upon filing the uniform fire
146 alarm permit application with the local enforcement agency.
147 Section 2. Subsection (1) of section 633.216, Florida
148 Statutes, is amended to read:
149 633.216 Inspection of buildings and equipment; orders;
150 firesafety inspection training requirements; certification;
151 disciplinary action.—The State Fire Marshal and her or his
152 agents or persons authorized to enforce laws and rules of the
153 State Fire Marshal shall, at any reasonable hour, when the State
154 Fire Marshal has reasonable cause to believe that a violation of
155 this chapter or s. 509.215, or a rule adopted thereunder, or a
156 minimum firesafety code adopted by the State Fire Marshal or a
157 local authority, may exist, inspect any and all buildings and
158 structures which are subject to the requirements of this chapter
159 or s. 509.215 and rules adopted thereunder. The authority to
160 inspect shall extend to all equipment, vehicles, and chemicals
161 which are located on or within the premises of any such building
162 or structure.
163 (1) Each county, municipality, and special district that
164 has firesafety enforcement responsibilities shall employ or
165 contract with a firesafety inspector. Except as provided in s.
and (3), and (4), the firesafety inspector must
167 conduct all firesafety inspections that are required by law. The
168 governing body of a county, municipality, or special district
169 that has firesafety enforcement responsibilities may provide a
170 schedule of fees to pay only the costs of inspections conducted
171 pursuant to this subsection and related administrative expenses.
172 Two or more counties, municipalities, or special districts that
173 have firesafety enforcement responsibilities may jointly employ
174 or contract with a firesafety inspector.
175 Section 3. Present subsections (4) and (5) of section
176 633.312, Florida Statutes, are redesignated as subsections (5)
177 and (6), respectively, and subsection (3) of that section is
178 amended, to read:
179 633.312 Inspection of fire control systems, fire hydrants,
180 and fire protection systems.—
181 (3)(a) The inspecting contractor shall provide to the
182 building owner or hydrant owner and the local authority having
183 jurisdiction a copy of the applicable uniform summary inspection
184 report established under this chapter. The local authority
185 having jurisdiction may accept uniform summary inspection
186 reports by United States mail, by hand delivery, by electronic
187 submission, or through a third-party vendor that collects the
188 reports on behalf of the local authority having jurisdiction.
189 (b) The State Fire Marshal shall adopt rules to implement a
190 uniform summary inspection report and submission procedures to
191 be used by all third-party vendors and local authorities having
192 jurisdiction. For purposes of this section, a uniform summary
193 inspection report must record the address where the fire
194 protection system or hydrant is located, the company and person
195 conducting the inspection and their license number, the date of
196 the inspection, and the fire protection system or hydrant
197 inspection status, including a brief summary of each deficiency,
198 critical deficiency, noncritical deficiency, or impairment
199 found. A contractor’s detailed inspection report is not required
200 to follow the uniform summary inspection report format. The
201 State Fire Marshal shall establish by rule a submission
202 procedure for each means provided under paragraph (a) by which a
203 local authority having jurisdiction may accept uniform summary
204 inspection reports. Each of the submission procedures must allow
205 a contractor to attach additional documents with the submission
206 of a uniform summary inspection report, including a physical
207 copy of the contractor’s detailed inspection report. A
208 submission procedure may not require a contractor to submit
209 information contained within the detailed inspection report
210 unless the information is required to be included in the uniform
211 summary inspection report.
212 (4) The maintenance of fire hydrant and fire protection
213 systems as well as corrective actions on deficient systems is
214 the responsibility of the owner of the system or hydrant.
215 Equipment requiring periodic testing or operation to ensure its
216 maintenance shall be tested or operated as specified in the Fire
217 Prevention Code, Life Safety Code, National Fire Protection
218 Association standards, or as directed by the appropriate
219 authority, provided that such appropriate authority may not
220 require a sprinkler system not required by the Fire Prevention
221 Code, Life Safety Code, or National Fire Protection Association
222 standards to be removed regardless of its condition. This
223 section does not prohibit governmental entities from inspecting
224 and enforcing firesafety codes.
225 Section 4. Paragraph (l) of subsection (2) of section
226 718.112, Florida Statutes, is amended to read:
227 718.112 Bylaws.—
228 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
229 following and, if they do not do so, shall be deemed to include
230 the following:
231 (l) Firesafety.—An association must ensure reasonable
232 compliance with the Florida Fire Prevention Code. For purposes
233 of this paragraph, the term “reasonable compliance” means the
234 ability to select alternative solutions to ensure that the
235 property meets the level of firesafety required by the Florida
236 Fire Prevention Code. As to a residential condominium building
237 that is a high-rise building as defined under the Florida Fire
238 Prevention Code, the association may either retrofit a fire
239 sprinkler system or install an engineered life safety system as
240 specified in the Florida Fire Prevention Code Certificate of
241 compliance. — A provision that a certificate of compliance from a
242 licensed electrical contractor or electrician may be accepted by
243 the association’s board as evidence of compliance of the
244 condominium units with the applicable fire and life safety code
245 must be included. Notwithstanding chapter 633 or of any other
246 code, statute, ordinance, administrative rule, or regulation, or
247 any interpretation of the foregoing, an association, residential
248 condominium, or unit owner is not obligated to retrofit the
249 common elements, association property, or units of a residential
250 condominium with a fire sprinkler system in a building that has
251 been certified for occupancy by the applicable governmental
252 entity if the unit owners have voted to forego such retrofitting
253 by the affirmative vote of a majority of all voting interests in
254 the affected condominium.
255 1. The local authority having jurisdiction may not require
256 completion of retrofitting with a fire sprinkler system or
257 completion of installation of an engineered life safety system
258 before January 1, 2023 2020. A residential condominium
259 association that is not in compliance with the requirements for
260 a fire sprinkler system or an engineered life safety system
262 a. By July 1, 2020, submit a final fire sprinkler permit
263 application and supporting documents to the authority having
265 b. By July 1, 2021, obtain all necessary permits; and
266 c. By December 31, 2022, pass final inspection.
268 If a residential condominium association fails to timely comply
269 with the requirements of this subparagraph, the authority having
270 jurisdiction shall assess a penalty against the association in
271 the amount of $500 per day until it attains compliance. The
272 Division of Florida Condominiums, Timeshares, and Mobile Homes
273 of the Department of Business and Professional Regulation shall
274 collect all such payments and remit them to the Firefighter
275 Assistance Grant Program created under s. 633.135 By December
276 31, 2016, a residential condominium association that is not in
277 compliance with the requirements for a fire sprinkler system and
278 has not voted to forego retrofitting of such a system must
279 initiate an application for a building permit for the required
280 installation with the local government having jurisdiction
281 demonstrating that the association will become compliant by
282 December 31, 2019.
283 1. A vote to forego retrofitting may be obtained by limited
284 proxy or by a ballot personally cast at a duly called membership
285 meeting, or by execution of a written consent by the member, and
286 is effective upon recording a certificate attesting to such vote
287 in the public records of the county where the condominium is
288 located. The association shall mail or hand deliver to each unit
289 owner written notice at least 14 days before the membership
290 meeting in which the vote to forego retrofitting of the required
291 fire sprinkler system is to take place. Within 30 days after the
292 association’s opt-out vote, notice of the results of the opt-out
293 vote must be mailed or hand delivered to all unit owners.
294 Evidence of compliance with this notice requirement must be made
295 by affidavit executed by the person providing the notice and
296 filed among the official records of the association. After
297 notice is provided to each owner, a copy must be provided by the
298 current owner to a new owner before closing and by a unit owner
299 to a renter before signing a lease.
300 2. If there has been a previous vote to forego
301 retrofitting, a vote to require retrofitting may be obtained at
302 a special meeting of the unit owners called by a petition of at
303 least 10 percent of the voting interests. Such a vote may only
304 be called once every 3 years. Notice shall be provided as
305 required for any regularly called meeting of the unit owners,
306 and must state the purpose of the meeting. Electronic
307 transmission may not be used to provide notice of a meeting
308 called in whole or in part for this purpose.
309 3. As part of the information collected annually from
310 condominiums, the division shall require condominium
311 associations to report the membership vote and recording of a
312 certificate under this subsection and, if retrofitting has been
313 undertaken, the per-unit cost of such work. The division shall
314 annually report to the Division of State Fire Marshal of the
315 Department of Financial Services the number of condominiums that
316 have elected to forego retrofitting.
317 2. 4. Notwithstanding s. 553.509, a residential association
318 may not be obligated to, and may forego the retrofitting of, any
319 improvements required by s. 553.509(2) upon an affirmative vote
320 of a majority of the voting interests in the affected
322 Section 5. This act shall take effect upon becoming a law.