House Bill 1907

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    Florida House of Representatives - 1999                HB 1907

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to fire prevention and control;

  3         amending s. 633.061, F.S.; providing for

  4         biennial licensure of persons servicing,

  5         recharging, repairing, testing, marking,

  6         inspecting, or installing fire extinguishers

  7         and systems; providing license and permit fees;

  8         amending s. 633.021, F.S.; defining the terms

  9         "servicing," "inspection," and "marking";

10         providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsections (1) and (2) and paragraph (a)

15  of subsection (3) of section 633.061, Florida Statutes, 1998

16  Supplement, are amended to read:

17         633.061  License or permit required of organizations

18  and individuals servicing, recharging, repairing, testing,

19  marking, inspecting, installing, or hydrotesting fire

20  extinguishers and preengineered systems.--

21         (1)  It is unlawful for any organization or individual

22  to engage in the business of servicing, repairing, recharging,

23  testing, marking, inspecting, installing, or hydrotesting any

24  fire extinguisher or preengineered system in this state except

25  in conformity with the provisions of this chapter. Each

26  organization or individual that engages in such activity must

27  possess a valid and subsisting license issued by the State

28  Fire Marshal.  All fire extinguishers and preengineered

29  systems required by statute or by rule must be serviced by an

30  organization or individual licensed under the provisions of

31  this chapter.  The licensee is legally qualified to act for

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    Florida House of Representatives - 1999                HB 1907

    722-108-99






  1  the business organization in all matters connected with its

  2  business, and the licensee must supervise all activities

  3  undertaken by such business organization. Each licensee shall

  4  maintain a specific business location. A further requirement,

  5  in the case of multiple locations where such servicing or

  6  recharging is taking place, is that each licensee who

  7  maintains more than one place of business where actual work is

  8  carried on must possess an additional license, as set forth in

  9  this section, for each location, except that a licensed

10  individual may not qualify for more than five locations.  A

11  licensee is limited to a specific type of work performed

12  depending upon the class of license held. Licenses and license

13  fees are required for the following:

14         (a)  Class A..................................$250 $150

15  To service, recharge, repair, install, or inspect all types of

16  fire extinguishers and to conduct hydrostatic tests on all

17  types of fire extinguishers.

18         (b)  Class B..................................$150 $100

19  To service, recharge, repair, install, or inspect all types of

20  fire extinguishers, including recharging carbon dioxide units

21  and conducting hydrostatic tests on all types of fire

22  extinguishers, except carbon dioxide units.

23         (c)  Class C..................................$150 $100

24  To service, recharge, repair, install, or inspect all types of

25  fire extinguishers, except recharging carbon dioxide units,

26  and to conduct hydrostatic tests on all types of fire

27  extinguishers, except carbon dioxide units.

28         (d)  Class D..................................$200 $125

29  To service, repair, recharge, hydrotest, install, or inspect

30  all types of preengineered fire extinguishing systems.

31

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    Florida House of Representatives - 1999                HB 1907

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  1         (e)  Licenses issued as duplicates or to reflect a

  2  change of address..........................................$10

  3

  4  Any fire equipment dealer licensed pursuant to this subsection

  5  who does not want to engage in the business of servicing,

  6  inspecting, recharging, repairing, hydrotesting, or installing

  7  halon equipment must file an affidavit on a form provided by

  8  the division so stating. Licenses will be issued by the

  9  division to reflect the work authorized thereunder. It is

10  unlawful, unlicensed activity for any person or firm to

11  falsely hold himself or herself or a business organization out

12  to perform any service, inspection, recharge, repair,

13  hydrotest, or installation except as specifically described in

14  the license.

15         (2)  Each individual actually performing the work of

16  servicing, recharging, repairing, hydrotesting, installing,

17  testing, or inspecting fire extinguishers or preengineered

18  systems must possess a valid and subsisting permit issued by

19  the State Fire Marshal. Permittees are limited as to specific

20  type of work performed dependent upon the class of permit held

21  which shall be a class allowing work no more extensive than

22  the class of license held by the licensee under whom the

23  permittee is working.  Permits and fees therefor are required

24  for the following:

25         (a)  Class 1....................................$90 $50

26  Servicing, recharging, repairing, installing, or inspecting

27  all types of fire extinguishers and conducting hydrostatic

28  tests on all types of fire extinguishers.

29         (b)  Class 2....................................$90 $50

30  Servicing, recharging, repairing, installing, or inspecting

31  all types of fire extinguishers, including carbon dioxide

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    Florida House of Representatives - 1999                HB 1907

    722-108-99






  1  units, and conducting hydrostatic tests on all types of fire

  2  extinguishers, except carbon dioxide units.

  3         (c)  Class 3....................................$90 $50

  4  Servicing, recharging, repairing, installing, or inspecting

  5  all types of fire extinguishers, except recharging carbon

  6  dioxide units, and conducting hydrostatic tests on all types

  7  of fire extinguishers, except carbon dioxide units.

  8         (d)  Class 4...................................$120 $65

  9  Servicing, repairing, hydrotesting, recharging, installing, or

10  inspecting all types of preengineered fire extinguishing

11  systems.

12         (e)  Permits issued as duplicates or to reflect a

13  change of address..........................................$10

14

15  Any fire equipment permittee licensed pursuant to this

16  subsection who does not want to engage in servicing,

17  inspecting, recharging, repairing, hydrotesting, or installing

18  halon equipment must file an affidavit on a form provided by

19  the division so stating. Permits will be issued by the

20  division to reflect the work authorized thereunder. It is

21  unlawful, unlicensed activity for any person or firm to

22  falsely hold himself or herself out to perform any service,

23  inspection, recharge, repair, hydrotest, or installation

24  except as specifically described in the permit.

25         (3)(a)  Such licenses and permits shall be issued by

26  the State Fire Marshal for 2 years each license year beginning

27  January 1 and expiring the following December 31.  The failure

28  to renew a license or permit by December 31 will cause the

29  license or permit to become inoperative.  The holder of an

30  inoperative license or permit shall not engage in any

31  activities for which a license or permit is required by this

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    Florida House of Representatives - 1999                HB 1907

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  1  section.  A license or permit which is inoperative because of

  2  the failure to renew it shall be restored upon payment of the

  3  applicable fee plus a penalty equal to the applicable fee, if

  4  the application for renewal is filed no later than the

  5  following March 31.  If the application for restoration is not

  6  made before the March 31st deadline, the fee for restoration

  7  shall be equal to the original application fee and the penalty

  8  provided for herein, and, in addition, the State Fire Marshal

  9  shall require reexamination of the applicant.  Each licensee

10  or permittee shall successfully complete a course or courses

11  of continuing education for fire equipment technicians within

12  5 years of initial issuance of a license or permit and within

13  every 5-year period thereafter or no such license or permit

14  shall be renewed. The State Fire Marshal shall adopt rules

15  describing the continuing education requirements.

16         Section 2.  Subsections (27), (28), and (29) are added

17  to section 633.021, Florida Statutes, 1998 Supplement, to

18  read:

19         633.021  Definitions.--As used in this chapter:

20         (27)  "Servicing" means one or more of the following:

21         (a)  Maintenance, which is a thorough examination of a

22  fire extinguisher intended to give maximum assurance that it

23  will operate effectively and safely. Maintenance includes a

24  thorough examination and any necessary repair or replacement.

25  Maintenance will normally reveal if hydrostatic testing or

26  internal maintenance is required.

27         (b)  Recharging, which is the replacement of the

28  extinguishing agent, and also includes the expellant for

29  certain types of fire extinguishers.

30

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    Florida House of Representatives - 1999                HB 1907

    722-108-99






  1         (c)  Hydrostatic testing, which means pressure testing

  2  of the extinguisher to verify its strength against unwanted

  3  rupture.

  4         (28)  "Inspection" means a quick check that a fire

  5  extinguisher is available and will operate. Inspection is

  6  intended to give reasonable assurance that a fire extinguisher

  7  is fully charged and operable; this is done by verifying that

  8  it is in its designated place, that it has not been actuated

  9  or tampered with, and that there is no obvious or physical

10  damage or condition to prevent its operation.

11         (29)  "Marking" means a descriptive name,

12  identification number, instructions, cautions, weight,

13  specification, or United Nations marks, or combinations

14  thereof, required by 49 C.F.R. Subchapter C on outer

15  packagings of hazardous materials.

16         Section 3.  This act shall take effect January 1, 2000.

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18            *****************************************

19                          SENATE SUMMARY

20    Extends the period of validity for a license or permit to
      service, recharge, repair, test, mark, inspect, or
21    install fire extinguishers and fire systems. Increases
      the fee for a biennial license or permit. Defines the
22    terms "servicing," "inspection," and "marking."

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