Florida Senate - 2019 CS for CS for CS for SB 908
By the Committees on Rules; Community Affairs; and 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, beginning on a certain date,
4 that a uniform fire alarm permit application, along
5 with certain other information, be used and submitted
6 to the local enforcement agency for any project
7 requiring a fire alarm permit; providing that such
8 application may be submitted by certain means;
9 providing a signature requirement; specifying
10 information required in, and a form for, such
11 applications; providing applicability of certain
12 building permit application procedures; authorizing
13 contractors, under certain circumstances, to begin
14 fire alarm system repairs upon filing the uniform fire
15 alarm permit application; amending s. 633.216, F.S.;
16 conforming a cross-reference; amending s. 633.312,
17 F.S.; authorizing local authorities having
18 jurisdiction to accept uniform summary inspection
19 reports of certain fire hydrants and fire protection
20 systems by certain means; requiring the State Fire
21 Marshal to adopt rules implementing a uniform summary
22 inspection report and certain submission procedures;
23 providing requirements for such uniform report and
24 procedures; providing that such procedures may not
25 require a contractor to submit certain information;
26 amending s. 718.112, F.S.; requiring that condominium
27 association bylaws provide requirements for the
28 association’s reasonable compliance with the Florida
29 Fire Prevention Code; defining the term “reasonable
30 compliance”; specifying authorized means of compliance
31 for certain residential condominiums; deleting a
32 requirement for association bylaws to contain a
33 certain certificate of compliance provision; deleting
34 an exemption from a requirement to retrofit certain
35 condominium property with a fire sprinkler system;
36 deleting obsolete provisions; extending the date
37 before which a local authority having jurisdiction may
38 not require completion of a condominium’s retrofitting
39 with a fire sprinkler system; specifying the date
40 before which such local authority having jurisdiction
41 may not require completion of installation of an
42 engineered life safety system; requiring the State
43 Fire Marshal, by a certain date, to issue a data call
44 to all local fire officials to collect data on certain
45 high-rise condominiums; specifying data that local
46 fire officials must submit; requiring that all data be
47 received and compiled into a certain report by a
48 certain date; requiring that the report be sent to the
49 Governor and the Legislature by a certain date;
50 providing an effective date.
52 Be It Enacted by the Legislature of the State of Florida:
54 Section 1. Section 553.792, Florida Statutes, is amended to
56 553.792 Building permit application to local government;
57 fire alarm permit applications.—
58 (1) Within 10 days of an applicant submitting an
59 application to the local government, the local government shall
60 advise the applicant what information, if any, is needed to deem
61 the application properly completed in compliance with the filing
62 requirements published by the local government. If the local
63 government does not provide written notice that the applicant
64 has not submitted the properly completed application, the
65 application shall be automatically deemed properly completed and
66 accepted. Within 45 days after receiving a completed
67 application, a local government must notify an applicant if
68 additional information is required for the local government to
69 determine the sufficiency of the application, and shall specify
70 the additional information that is required. The applicant must
71 submit the additional information to the local government or
72 request that the local government act without the additional
73 information. While the applicant responds to the request for
74 additional information, the 120-day period described in this
75 subsection is tolled. Both parties may agree to a reasonable
76 request for an extension of time, particularly in the event of a
77 force major or other extraordinary circumstance. The local
78 government must approve, approve with conditions, or deny the
79 application within 120 days following receipt of a completed
81 (2) The procedures set forth in subsection (1) apply to the
82 following building permit applications: accessory structure;
83 alarm permit; nonresidential buildings less than 25,000 square
84 feet; electric; irrigation permit; landscaping; mechanical;
85 plumbing; residential units other than a single family unit;
86 multifamily residential not exceeding 50 units; roofing; signs;
87 site-plan approvals and subdivision plats not requiring public
88 hearings or public notice; and lot grading and site alteration
89 associated with the permit application set forth in this
90 subsection. The procedures set forth in subsection (1) do not
91 apply to permits for any wireless communications facilities or
92 when a law, agency rule, or local ordinance specify different
93 timeframes for review of local building permit applications.
94 (3) Beginning October 1, 2019, for any project requiring a
95 fire alarm permit, a uniform fire alarm permit application must
96 be used and submitted to the local enforcement agency along with
97 any required drawings, plans, and supporting documentation. The
98 uniform fire alarm permit application may be submitted
99 electronically or by facsimile and must be signed by the owner,
100 contractor, or authorized representative of either such person.
101 The uniform fire alarm permit application must contain the
102 following information in substantially the following form:
104 UNIFORM FIRE ALARM PERMIT APPLICATION
106 Tax Folio No.: ....
107 Application No.: ....
108 Owner or Representative Name: ....
109 Property Address: ....
110 City: .... State: .... Zip: ....
111 Phone: ....
112 Fee Simple Titleholder’s Name (if other than owner): ....
113 Fee Simple Titleholder’s Address (if other than owner):
115 Description of Work: .... New Install .... Replacement ....
116 Addition .... Other ....
117 Construction Type: ....
118 Proposed Use: ....
119 Alarm Contractor’s Name: ....
120 Alarm Contractor’s Address: ....
121 City: .... State: .... Zip: ....
122 Phone: ....
123 Alarm Contractor’s License No: ....
125 Application is hereby made to obtain a permit to do the
126 work and installation as indicated. I certify that no work or
127 installation has commenced before the filing of this permit
128 application. I certify that all of the foregoing information is
129 true and accurate.
131 ...(Signature of Owner, Contractor, or Agent)...
132 Printed Name: ....
134 (4) The procedures set forth in subsection (1) do not apply
135 to the installation or replacement of a fire alarm system if a
136 plans review is not required by the local enforcement agency.
137 (5) For repairs to an existing fire alarm system that was
138 previously permitted by the local enforcement agency, the
139 contractor may begin the repair upon filing the uniform fire
140 alarm permit application with the local enforcement agency if
141 the local enforcement agency requires fire alarm permits for
143 Section 2. Subsection (1) of section 633.216, Florida
144 Statutes, is amended to read:
145 633.216 Inspection of buildings and equipment; orders;
146 firesafety inspection training requirements; certification;
147 disciplinary action.—The State Fire Marshal and her or his
148 agents or persons authorized to enforce laws and rules of the
149 State Fire Marshal shall, at any reasonable hour, when the State
150 Fire Marshal has reasonable cause to believe that a violation of
151 this chapter or s. 509.215, or a rule adopted thereunder, or a
152 minimum firesafety code adopted by the State Fire Marshal or a
153 local authority, may exist, inspect any and all buildings and
154 structures which are subject to the requirements of this chapter
155 or s. 509.215 and rules adopted thereunder. The authority to
156 inspect shall extend to all equipment, vehicles, and chemicals
157 which are located on or within the premises of any such building
158 or structure.
159 (1) Each county, municipality, and special district that
160 has firesafety enforcement responsibilities shall employ or
161 contract with a firesafety inspector. Except as provided in s.
and (3), and (4), the firesafety inspector must
163 conduct all firesafety inspections that are required by law. The
164 governing body of a county, municipality, or special district
165 that has firesafety enforcement responsibilities may provide a
166 schedule of fees to pay only the costs of inspections conducted
167 pursuant to this subsection and related administrative expenses.
168 Two or more counties, municipalities, or special districts that
169 have firesafety enforcement responsibilities may jointly employ
170 or contract with a firesafety inspector.
171 Section 3. Present subsections (4) and (5) of section
172 633.312, Florida Statutes, are redesignated as subsections (5)
173 and (6), respectively, and subsection (3) of that section is
174 amended, to read:
175 633.312 Inspection of fire control systems, fire hydrants,
176 and fire protection systems.—
177 (3)(a) The inspecting contractor shall provide to the
178 building owner or hydrant owner and the local authority having
179 jurisdiction a copy of the applicable uniform summary inspection
180 report established under this chapter. The local authority
181 having jurisdiction may accept uniform summary inspection
182 reports by United States mail, by hand delivery, by electronic
183 submission, or through a third-party vendor that collects the
184 reports on behalf of the local authority having jurisdiction.
185 (b) The State Fire Marshal shall adopt rules to implement a
186 uniform summary inspection report and submission procedures to
187 be used by all third-party vendors and local authorities having
188 jurisdiction. For purposes of this section, a uniform summary
189 inspection report must record the address where the fire
190 protection system or hydrant is located, the company and person
191 conducting the inspection and their license number, the date of
192 the inspection, and the fire protection system or hydrant
193 inspection status, including a brief summary of each deficiency,
194 critical deficiency, noncritical deficiency, or impairment
195 found. A contractor’s detailed inspection report is not required
196 to follow the uniform summary inspection report format. The
197 State Fire Marshal shall establish by rule a submission
198 procedure for each means provided under paragraph (a) by which a
199 local authority having jurisdiction may accept uniform summary
200 inspection reports. Each of the submission procedures must allow
201 a contractor to attach additional documents with the submission
202 of a uniform summary inspection report, including a physical
203 copy of the contractor’s detailed inspection report. A
204 submission procedure may not require a contractor to submit
205 information contained within the detailed inspection report
206 unless the information is required to be included in the uniform
207 summary inspection report.
208 (4) The maintenance of fire hydrant and fire protection
209 systems as well as corrective actions on deficient systems is
210 the responsibility of the owner of the system or hydrant.
211 Equipment requiring periodic testing or operation to ensure its
212 maintenance shall be tested or operated as specified in the Fire
213 Prevention Code, Life Safety Code, National Fire Protection
214 Association standards, or as directed by the appropriate
215 authority, provided that such appropriate authority may not
216 require a sprinkler system not required by the Fire Prevention
217 Code, Life Safety Code, or National Fire Protection Association
218 standards to be removed regardless of its condition. This
219 section does not prohibit governmental entities from inspecting
220 and enforcing firesafety codes.
221 Section 4. Paragraph (l) of subsection (2) of section
222 718.112, Florida Statutes, is amended to read:
223 718.112 Bylaws.—
224 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
225 following and, if they do not do so, shall be deemed to include
226 the following:
227 (l) Firesafety.—An association must ensure reasonable
228 compliance with the Florida Fire Prevention Code. For purposes
229 of this paragraph, the term “reasonable compliance” means the
230 ability to select alternative solutions to ensure that the
231 property meets the level of firesafety required by the Florida
232 Fire Prevention Code. As to a residential condominium building
233 that is a high-rise building as defined under the Florida Fire
234 Prevention Code, the association may either retrofit a fire
235 sprinkler system or install an engineered life safety system as
236 specified in the Florida Fire Prevention Code Certificate of
237 compliance. — A provision that a certificate of compliance from a
238 licensed electrical contractor or electrician may be accepted by
239 the association’s board as evidence of compliance of the
240 condominium units with the applicable fire and life safety code
241 must be included. Notwithstanding chapter 633 or of any other
242 code, statute, ordinance, administrative rule, or regulation, or
243 any interpretation of the foregoing, an association, residential
244 condominium, or unit owner is not obligated to retrofit the
245 common elements, association property, or units of a residential
246 condominium with a fire sprinkler system in a building that has
247 been certified for occupancy by the applicable governmental
248 entity if the unit owners have voted to forego such retrofitting
249 by the affirmative vote of a majority of all voting interests in
250 the affected condominium.
251 1. The local authority having jurisdiction may not require
252 completion of retrofitting with a fire sprinkler system or
253 completion of installation of an engineered life safety system
254 before January 1, 2024 2020. By December 31, 2016, a residential
255 condominium association that is not in compliance with the
256 requirements for a fire sprinkler system and has not voted to
257 forego retrofitting of such a system must initiate an
258 application for a building permit for the required installation
259 with the local government having jurisdiction demonstrating that
260 the association will become compliant by December 31, 2019.
261 1. A vote to forego retrofitting may be obtained by limited
262 proxy or by a ballot personally cast at a duly called membership
263 meeting, or by execution of a written consent by the member, and
264 is effective upon recording a certificate attesting to such vote
265 in the public records of the county where the condominium is
266 located. The association shall mail or hand deliver to each unit
267 owner written notice at least 14 days before the membership
268 meeting in which the vote to forego retrofitting of the required
269 fire sprinkler system is to take place. Within 30 days after the
270 association’s opt-out vote, notice of the results of the opt-out
271 vote must be mailed or hand delivered to all unit owners.
272 Evidence of compliance with this notice requirement must be made
273 by affidavit executed by the person providing the notice and
274 filed among the official records of the association. After
275 notice is provided to each owner, a copy must be provided by the
276 current owner to a new owner before closing and by a unit owner
277 to a renter before signing a lease.
278 2. If there has been a previous vote to forego
279 retrofitting, a vote to require retrofitting may be obtained at
280 a special meeting of the unit owners called by a petition of at
281 least 10 percent of the voting interests. Such a vote may only
282 be called once every 3 years. Notice shall be provided as
283 required for any regularly called meeting of the unit owners,
284 and must state the purpose of the meeting. Electronic
285 transmission may not be used to provide notice of a meeting
286 called in whole or in part for this purpose.
287 3. As part of the information collected annually from
288 condominiums, the division shall require condominium
289 associations to report the membership vote and recording of a
290 certificate under this subsection and, if retrofitting has been
291 undertaken, the per-unit cost of such work. The division shall
292 annually report to the Division of State Fire Marshal of the
293 Department of Financial Services the number of condominiums that
294 have elected to forego retrofitting.
295 2. 4. Notwithstanding s. 553.509, a residential association
296 may not be obligated to, and may forego the retrofitting of, any
297 improvements required by s. 553.509(2) upon an affirmative vote
298 of a majority of the voting interests in the affected
300 Section 5. By July 1, 2019, the State Fire Marshal shall
301 issue a data call to all local fire officials to collect data
302 regarding high-rise condominiums greater than 75 feet in height
303 which have not retrofitted with a fire sprinkler system or an
304 engineered life safety system in accordance with ss. 633.208(5)
305 and 718.112(2)(l), Florida Statutes. Local fire officials shall
306 submit such data to the State Fire Marshal and shall include,
307 for each individual building, the address, the number of units,
308 and the number of stories. By July 1, 2020, all data must be
309 received and compiled into a report by city and county. By
310 September 1, 2020, the report must be sent to the Governor, the
311 President of the Senate, and the Speaker of the House of
313 Section 6. This act shall take effect upon becoming a law.