The Florida Senate

633.021  Definitions.--As used in this chapter:

(1)  "Board" means the Florida Fire Safety Board.

(2)  "Certificate" means a certificate of competency issued by the State Fire Marshal.

(3)  "Certification" means the act of obtaining or holding a certificate of competency from the State Fire Marshal.

(4)  "Contracting" means engaging in business as a contractor.

(5)(a)  "Contractor I" means a contractor whose business includes the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service all types of fire protection systems, excluding preengineered systems.

(b)  "Contractor II" means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, standpipes, combination standpipes and sprinkler risers, all piping that is an integral part of the system beginning at the point where the piping is used exclusively for fire protection, sprinkler tank heaters, air lines, thermal systems used in connection with sprinklers, and tanks and pumps connected thereto, excluding preengineered systems.

(c)  "Contractor III" means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service CO₂ systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical systems, excluding preengineered systems.

(d)  "Contractor IV" means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service automatic fire sprinkler systems for detached one-family dwellings, detached two-family dwellings, and mobile homes, excluding preengineered systems and excluding single-family homes in cluster units, such as apartments, condominiums, and assisted living facilities or any building that is connected to other dwellings.

(e)  "Contractor V" means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service the underground piping for a fire protection system using water as the extinguishing agent beginning at the point at which the piping is used exclusively for fire protection and ending no more than 1 foot above the finished floor.

The definitions in this subsection ¹must not be construed to include fire protection engineers or architects and do not limit or prohibit a licensed fire protection engineer or architect from designing any type of fire protection system. However, persons certified as a Contractor I, Contractor II, or Contractor IV under this chapter may design fire protection systems of 49 or fewer heads, and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition, or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. Such plans may not be required by any local permitting authority to be sealed by a registered professional engineer.

(6)  "Explosives" means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon the application of heat, flame, or shock and is capable of producing an explosion and is commonly used for that purpose, including but not limited to dynamite, nitroglycerin, trinitrotoluene, ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but the term does not include cartridges for firearms or fireworks as defined in chapter 791.

(7)  A "fire extinguisher" is a cylinder that:

(a)  Is portable and can be carried or is on wheels.

(b)  Is manually operated.

(c)  May use a variety of extinguishing agents that are expelled under pressure.

(d)  Is rechargeable or nonrechargeable.

(e)  Is installed, serviced, repaired, recharged, inspected, and hydrotested according to applicable procedures of the manufacturer, standards of the National Fire Protection Association, and the Code of Federal Regulations.

(f)  Is listed by a nationally recognized testing laboratory.

(8)  A "fire protection system" is a system individually designed to protect the interior or exterior of a specific building, structure, or other special hazard from fire. Such systems include, but are not limited to, water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, CO₂ systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical systems used for fire protection use. Such systems also include any overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses connected to sprinkler systems, sprinkler tank heaters, air lines, thermal systems used in connection with fire sprinkler systems, and tanks and pumps connected to fire sprinkler systems.

(9)  A "firesafety inspector" is an individual officially assigned the duties of conducting firesafety inspections of buildings and facilities on a recurring or regular basis on behalf of the state or any county, municipality, or special district with firesafety responsibilities.

(10)  "Handling" means touching, holding, taking up, moving, controlling, or otherwise affecting with the hand or by any other agency. As used in ²s. 633.01(3)(b), its meaning and application are limited to handling having a direct relationship to transportation.

(11)(a)  For the purposes of s. 633.085(1), the term "high-hazard occupancy" means any building or structure:

1.  That contains combustible or explosive matter or flammable conditions dangerous to the safety of life or property.

2.  In which persons receive educational instruction.

3.  In which persons reside, excluding private dwellings.

4.  Containing three or more floor levels.

Such buildings or structures include, but are not limited to, all hospitals and residential health care facilities, nursing homes and other adult care facilities, correctional or detention facilities, public schools, public lodging establishments, migrant labor camps, residential child care facilities, and self-service gasoline stations.

(b)  For the purposes of this subsection, the term "high-hazard occupancy" does not include any residential condominium where the declaration of condominium or the bylaws provide that the rental of units shall not be permitted for less than 90 days.

(12)  "Highway" means every way or place of whatever nature within the state open to the use of the public, as a matter of right, for purposes of vehicular traffic and includes public streets, alleys, roadways, or driveways upon grounds of colleges, universities, and institutions and other ways open to travel by the public, notwithstanding that the same have been temporarily closed for the purpose of construction, reconstruction, maintenance, or repair. The term does not include a roadway or driveway upon grounds owned by a private person.

(13)  "Keeping" means possessing, holding, retaining, maintaining, or having habitually in stock for sale.

(14)  "Manufacture" means the compounding, combining, producing, or making of anything or the working of anything by hand, by machinery, or by any other agency into forms suitable for use.

(15)  A "minimum firesafety standard" is a requirement or group of requirements adopted pursuant to s. 633.025 by a county, municipality, or special district with firesafety responsibilities, or by the State Fire Marshal pursuant to s. 394.879, for the protection of life and property from loss by fire which shall be met, as a minimum, by every occupancy, facility, building, structure, premises, device, or activity to which it applies.

(16)  "Motor vehicle" means any device propelled by power other than muscular power in, upon, or by which any person or property is or may be transported or drawn upon a highway, except a device moved or used exclusively upon stationary rails or tracks.

(17)  "Point-of-service" means the point at which the underground piping for a sprinkler system using water as the extinguishing agent becomes used exclusively for the sprinkler system. The point-of-service is designated by the engineer who sealed the plans for a system of 50 or more heads or by the contractor who designed the plans for a system of 49 or fewer heads.

(18)  A "preengineered system" is a fire suppression system which:

(a)  Uses any of a variety of extinguishing agents.

(b)  Is designed to protect specific hazards.

(c)  Must be installed according to pretested limitations and configurations specified by the manufacturer and applicable National Fire Protection Association (NFPA) standards.

(d)  Must be installed using components specified by the manufacturer or components that are listed as equal parts by a nationally recognized testing laboratory such as Underwriters Laboratories, Inc., or Factory Mutual Laboratories, Inc.

(e)  Must be listed by a nationally recognized testing laboratory.

Preengineered systems may incorporate special nozzles, flow rates, methods of application, pressurization levels, and quantities of agents designed by the manufacturer for specific hazards.

(19)  "Private carrier" means any motor vehicle, aircraft, or vessel operating intrastate in which there is identity of ownership between freight and carrier.

(20)  "Sale" means the act of selling; the act whereby the ownership of property is transferred from one person to another for a sum of money or, loosely, for any consideration. The term includes the delivery of merchandise with or without consideration.

(21)  "Special state firesafety inspector" means an individual officially assigned to the duties of conducting firesafety inspections required by law on behalf of or by an agency of the state having authority for inspections other than the Division of State Fire Marshal.

(22)  A "sprinkler system" is a type of fire protection system, either manual or automatic, using water as an extinguishing agent and installed in accordance with applicable National Fire Protection Association standards.

(23)  "Storing" means accumulating, laying away, or depositing for preservation or as a reserve fund in a store, warehouse, or other source from which supplies may be drawn or within which they may be deposited. The term is limited in meaning and application to storage having a direct relationship to transportation.

(24)  "Transportation" means the conveying or carrying of property from one place to another by motor vehicle (except a motor vehicle subject to the provisions of s. 316.302), aircraft, or vessel, subject to such limitations as are set forth in s. 552.12, in which only the motor vehicles, aircraft, or vessels of the Armed Forces and other federal agencies are specifically exempted.

(25)  A "uniform firesafety standard" is a requirement or group of requirements for the protection of life and property from loss by fire which shall be met by every building and structure specified in s. 633.022(1), and is neither weakened nor exceeded by law, rule, or ordinance of any other state agency or political subdivision or county, municipality, or special district with firesafety responsibilities.

(26)  "Use" means application, employment; that enjoyment of property which consists of its employment, occupation, exercise, or practice.

History.--s. 2, ch. 65-216; s. 6, ch. 71-271; s. 2, ch. 75-240; s. 1, ch. 80-342; s. 27, ch. 82-186; s. 1, ch. 84-107; s. 1, ch. 84-143; s. 1, ch. 84-243; s. 34, ch. 86-191; s. 4, ch. 87-287; s. 2, ch. 88-209; s. 2, ch. 88-362; s. 14, ch. 89-233; s. 1, ch. 91-189; s. 43, ch. 95-210; s. 6, ch. 95-379; s. 1, ch. 98-170; s. 52, ch. 98-419.

¹Note.--The words "must not be construed to include" appear as in the amendment by s. 43, ch. 95-210. The amendment by s. 6, ch. 95-379, used "do not include."

²Note.--Refers to former s. 633.01(3)(b), which was repealed by s. 1, ch. 90-359.