House Bill hb0443er

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    ENROLLED

    2002 Legislature                    CS/HB 443, First Engrossed



  1

  2         An act relating to firesafety prevention and

  3         control; amending s. 235.06, F.S.; requiring

  4         the State Fire Marshal to adopt certain uniform

  5         firesafety standards for certain plants and

  6         facilities and a firesafety evaluation system

  7         as an alternate inspection standard for certain

  8         plants and facilities; providing for

  9         enforcement and administration of such

10         standards and system by local fire officials;

11         prescribing conditions for conducting

12         firesafety inspections; prescribing duties of

13         local fire officials in providing a plan of

14         action and a schedule for correction of

15         deficiencies; requiring the State Fire Marshal

16         to adopt and administer rules prescribing

17         specified standards for the safety and health

18         of occupants of educational and ancillary

19         plants; requiring the Fire Marshal to publish

20         an annual report regarding each education

21         board's firesafety program; amending s. 633.01,

22         F.S.; requiring the State Fire Marshal to adopt

23         and administer rules prescribing standards for

24         the safety and health of occupants of

25         educational and ancillary facilities as

26         specified; requiring the State Fire Marshal to

27         assume certain duties of the local fire

28         official in certain counties; amending s.

29         633.022, F.S.; conforming provisions; providing

30         an appropriation; amending s. 633.061, F.S.,

31         relating to licenses or permits required of


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    2002 Legislature                    CS/HB 443, First Engrossed



  1         organizations and individuals servicing,

  2         recharging, repairing, testing, marking,

  3         inspecting, installing, or hydrotesting fire

  4         extinguishers and preengineered systems;

  5         clarifying that a licensee who receives

  6         appropriate training shall not be prohibited

  7         from servicing any particular brand of fire

  8         extinguisher or preengineered system; reducing

  9         the number of permits required under the act;

10         providing for a portable permit and a

11         preengineered permit; providing definitions;

12         clarifying that a person who is both a licensee

13         and a permittee is required to complete 32

14         hours of continuing education every four years;

15         requiring that each licensee shall ensure that

16         all permittees in his or her employment meet

17         their continuing education requirements;

18         providing authority of the State Fire Marshal

19         to audit a fire equipment dealer to determine

20         compliance with continuing education

21         requirements; clarifying that an examination

22         shall be developed and administered by the

23         State Fire Marshal in accordance with policies

24         and procedures of the State Fire Marshal;

25         eliminating a requirement and fee for a

26         temporary trainee permit; requiring that any

27         person who is being trained and who performs

28         work requiring a permit must perform such work

29         in the physical presence of an individual

30         possessing a valid and current fire equipment

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  1         permit for the type of work performed;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Section 235.06, Florida Statutes, is

  7  amended to read:

  8         235.06  Casualty, safety, and sanitation, and

  9  firesafety standards and inspection of property.--The

10  Commissioner of Education shall adopt and administer rules

11  prescribing standards for the safety and health of occupants

12  of educational and ancillary plants as a part of the State

13  Uniform Building Code for Public Educational Facilities

14  Construction as provided in s. 235.26, except that the State

15  Fire Marshal in consultation with the Department of Education

16  shall adopt uniform firesafety standards for educational and

17  ancillary plants and educational facilities, as provided in s.

18  633.022(1)(b), and a firesafety evaluation system to be used

19  as an alternate firesafety inspection standard for existing

20  educational and ancillary plants and educational facilities.

21  The uniform firesafety standards and the alternate firesafety

22  evaluation system shall be administered and enforced by local

23  fire officials the provisions of chapter 633 to the contrary

24  notwithstanding. These standards must be used by all public

25  agencies when inspecting public educational and ancillary

26  plants, and the firesafety standards must be used by local

27  fire officials when performing firesafety inspections of

28  public educational and ancillary plants and educational

29  facilities. In accordance with such standards, each board

30  shall prescribe policies and procedures establishing a

31  comprehensive program of safety and sanitation for the


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  1  protection of occupants of public educational and ancillary

  2  plants. Such policies must contain procedures for periodic

  3  inspections as prescribed herein and for withdrawal of any

  4  educational and ancillary plant, or portion thereof, from use

  5  until unsafe or unsanitary conditions are corrected or

  6  removed.

  7         (1)  PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--

  8         (a)  Each board shall provide for periodic inspection,

  9  other than firesafety inspection, of each educational and

10  ancillary plant at least once during each fiscal year to

11  determine compliance with standards of sanitation and casualty

12  safety prescribed in the rules of the commissioner.

13         (b)  Firesafety inspections of each educational and

14  ancillary plant must be made annually by persons certified by

15  the Division of State Fire Marshal to be eligible to conduct

16  firesafety inspections in public educational and ancillary

17  plants. The board shall submit a copy of the firesafety

18  inspection report to the State Fire Marshal and, if there is a

19  local fire official who conducts firesafety inspections, to

20  the local fire official.

21         (c)  In each firesafety inspection report, the board

22  shall include a plan of action and a schedule for the

23  correction of each deficiency which have been formulated in

24  consultation with the local fire control authority. If

25  immediate life-threatening deficiencies are noted in any

26  inspection, the board shall either take action to promptly

27  correct the deficiencies or withdraw the educational or

28  ancillary plant from use until such time as the deficiencies

29  are corrected.

30         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

31  AGENCIES.--


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  1         (a)  A safety or sanitation inspection of any

  2  educational or ancillary plant may be made at any time by the

  3  Department of Education or any other state or local agency

  4  authorized or required to conduct such inspections by either

  5  general or special law.  Each agency conducting inspections

  6  shall use the standards adopted by the Commissioner of

  7  Education in lieu of, and to the exclusion of, any other

  8  inspection standards prescribed either by statute or

  9  administrative rule, the provisions of chapter 633 to the

10  contrary notwithstanding. The agency shall submit a copy of

11  the inspection report to the board.

12         (b)  One firesafety inspection of each educational or

13  ancillary plant must be conducted each fiscal year by the

14  county, municipality, or special fire control district in

15  which the plant is located using the standards adopted by the

16  State Fire Marshal. The board shall cooperate with the

17  inspecting authority when a firesafety inspection is made by a

18  governmental authority under this paragraph. In addition to

19  school board inspections, the applicable local fire control

20  authority shall also annually inspect educational facilities

21  within its fire control district, using the standards adopted

22  by the Commissioner of Education. Reports shall be filed with

23  the school board, and a copy shall be on file with the local

24  site administrator.

25         (c)  In each firesafety inspection report, the local

26  fire official in conjunction with the board shall include a

27  plan of action and a schedule for the correction of each

28  deficiency. If immediate life-threatening deficiencies are

29  noted in any inspection, the local fire official shall either

30  take action to require the board to promptly correct the

31  deficiencies or withdraw the educational facility from use


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  1  until the deficiencies are corrected, subject to review by the

  2  State Fire Marshal who shall act within 10 days to ensure that

  3  the deficiencies are corrected or withdraw the facility from

  4  use.

  5         (3)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN

  6  FIRESAFETY DEFICIENCIES.--Upon failure of the board to take

  7  corrective action within a reasonable time, the agency making

  8  the inspection, other than a local fire official, may request

  9  the commissioner to:

10         (a)  Order that appropriate action be taken to correct

11  all deficiencies in accordance with a schedule determined

12  jointly by the inspecting authority and the board; in

13  developing the schedule, consideration must be given to the

14  seriousness of the deficiencies and the ability of the board

15  to obtain the necessary funds; or

16         (b)  After 30 calendar days' notice to the board, order

17  all or a portion of the educational or ancillary plant

18  withdrawn from use until the deficiencies are corrected.

19         (4)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon

20  failure of the board to take corrective action within the time

21  designated in the plan of action to correct any firesafety

22  deficiency noted under paragraph (1)(c) or paragraph (2)(c),

23  the local fire official shall immediately report the

24  deficiency to the State Fire Marshal, who shall have

25  enforcement authority with respect to educational and

26  ancillary plants and educational facilities as provided in

27  chapter 633 for any other building or structure.

28         (5)  ADDITIONAL STANDARDS.--In addition to any other

29  rules adopted under this section or s. 633.022, the State Fire

30  Marshal in consultation with the Department of Education shall

31  adopt and administer rules prescribing the following standards


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    2002 Legislature                    CS/HB 443, First Engrossed



  1  for the safety and health of occupants of educational and

  2  ancillary plants:

  3         (a)  The designation of serious life-safety hazards,

  4  including, but not limited to, nonfunctional fire alarm

  5  systems, nonfunctional fire sprinkler systems, doors with

  6  padlocks or other locks or devices that preclude egress at any

  7  time, inadequate exits, hazardous electrical system

  8  conditions, potential structural failure, and storage

  9  conditions that create a fire hazard.

10         (b)  The proper placement of functional smoke and heat

11  detectors and accessible, unexpired fire extinguishers.

12         (c)  The maintenance of fire doors without doorstops or

13  wedges improperly holding them open.

14         (6)  The State Fire Marshal shall publish an annual

15  report to be filed with the substantive committees of the

16  State House and Senate having jurisdiction over education, the

17  Commissioner of Education or his successor and the Governor

18  documenting the status of each board's firesafety program,

19  including the improvement or lack thereof.

20         Section 2.  Subsection (7) is added to section 633.01,

21  Florida Statutes, to read:

22         633.01  State Fire Marshal; powers and duties; rules.--

23         (7)  The State Fire Marshal shall adopt and administer

24  rules prescribing standards for the safety and health of

25  occupants of educational and ancillary facilities pursuant to

26  ss. 633.022, 235.06, and 235.26. In addition, in any county

27  that does not employ or appoint a local fire official, the

28  State Fire Marshal shall assume the duties of the local fire

29  official with respect to firesafety inspections of educational

30  property required under s. 235.06(2)(b) and the State Fire

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  1  Marshal may take necessary corrective action as authorized

  2  under s. 235.06(4).

  3         Section 3.  Paragraph (b) of subsection (1) of section

  4  633.022, Florida Statutes, is amended to read:

  5         633.022  Uniform firesafety standards.--The Legislature

  6  hereby determines that to protect the public health, safety,

  7  and welfare it is necessary to provide for firesafety

  8  standards governing the construction and utilization of

  9  certain buildings and structures.  The Legislature further

10  determines that certain buildings or structures, due to their

11  specialized use or to the special characteristics of the

12  person utilizing or occupying these buildings or structures,

13  should be subject to firesafety standards reflecting these

14  special needs as may be appropriate.

15         (1)  The Department of Insurance shall establish

16  uniform firesafety standards that apply to:

17         (b)  All new, existing, and proposed hospitals, nursing

18  homes, assisted living facilities, adult family-care homes,

19  correctional facilities, public schools, transient public

20  lodging establishments, public food service establishments,

21  elevators, migrant labor camps, mobile home parks, lodging

22  parks, recreational vehicle parks, recreational camps,

23  residential and nonresidential child care facilities,

24  facilities for the developmentally disabled, motion picture

25  and television special effects productions, and self-service

26  gasoline stations, of which standards the State Fire Marshal

27  is the final administrative interpreting authority. With

28  respect to public schools, the department shall utilize

29  firesafety standards that have been adopted by the State Board

30  of Education.

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  1  In the event there is a dispute between the owners of the

  2  buildings specified in paragraph (b) and a local authority

  3  requiring a more stringent uniform firesafety standard for

  4  sprinkler systems, the State Fire Marshal shall be the final

  5  administrative interpreting authority and the State Fire

  6  Marshal's interpretation regarding the uniform firesafety

  7  standards shall be considered final agency action.

  8         Section 4.  The establishment of six FTE positions to

  9  be located in the Division of State Fire Marshal are

10  authorized and for fiscal year 2002-2003 the sum of $452,894

11  is appropriated from the Insurance Commissioner's Regulatory

12  Trust Fund for the Department of Insurance, Division of State

13  Fire Marshal, to implement the provisions of this act.

14         Section 5.  Section 633.061, Florida Statutes, is

15  amended to read:

16         633.061  License or permit required of organizations

17  and individuals servicing, recharging, repairing, testing,

18  marking, inspecting, installing, or hydrotesting fire

19  extinguishers and preengineered systems.--

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

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

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

23  fire extinguisher or preengineered system in this state except

24  in conformity with the provisions of this chapter. Each

25  organization or individual that engages in such activity must

26  possess a valid and subsisting license issued by the State

27  Fire Marshal.  All fire extinguishers and preengineered

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

29  organization or individual licensed under the provisions of

30  this chapter. A licensee who receives appropriate training

31  shall not be prohibited by a manufacturer from servicing any


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  1  particular brand of fire extinguisher or preengineered system.

  2  The licensee is legally qualified to act for the business

  3  organization in all matters connected with its business, and

  4  the licensee must supervise all activities undertaken by such

  5  business organization. Each licensee shall maintain a specific

  6  business location. A further requirement, in the case of

  7  multiple locations where such servicing or recharging is

  8  taking place, is that each licensee who maintains more than

  9  one place of business where actual work is carried on must

10  possess an additional license, as set forth in this section,

11  for each location, except that a licensed individual may not

12  qualify for more than five locations.  A licensee is limited

13  to a specific type of work performed depending upon the class

14  of license held. Licenses and license fees are required for

15  the following:

16         (a)  Class A.......................................$250

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

18  fire extinguishers and to conduct hydrostatic tests on all

19  types of fire extinguishers.

20         (b)  Class B.......................................$150

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

22  fire extinguishers, including recharging carbon dioxide units

23  and conducting hydrostatic tests on all types of fire

24  extinguishers, except carbon dioxide units.

25         (c)  Class C.......................................$150

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

27  fire extinguishers, except recharging carbon dioxide units,

28  and to conduct hydrostatic tests on all types of fire

29  extinguishers, except carbon dioxide units.

30         (d)  Class D.......................................$200

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

  2  all types of preengineered fire extinguishing systems.

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

  4  change of address..........................................$10

  5

  6  Any fire equipment dealer licensed pursuant to this subsection

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

  8  inspecting, recharging, repairing, hydrotesting, or installing

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

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

11  division to reflect the work authorized thereunder. It is

12  unlawful, unlicensed activity for any person or firm to

13  falsely hold himself or herself or a business organization out

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

15  hydrotest, or installation except as specifically described in

16  the license.

17         (2)  Each individual actually performing the work of

18  servicing, recharging, repairing, hydrotesting, installing,

19  testing, or inspecting fire extinguishers or preengineered

20  systems must possess a valid and subsisting permit issued by

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

22  type of work performed to allow dependent upon the class of

23  permit held which shall be a class allowing work no more

24  extensive than the class of license held by the licensee under

25  whom the permittee is working.  Permits will be issued by the

26  division and the fees therefor are required are as follows for

27  the following:

28         (a)  Portable permit Class 1........................$90

29  "Portable permittee" means a person who is limited to

30  performing work no more extensive than the employing licensee

31  in the servicing, recharging, repairing, installing, or


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  1  inspecting all types of portable fire extinguishers.

  2  Servicing, recharging, repairing, installing, or inspecting

  3  all types of fire extinguishers and conducting hydrostatic

  4  tests on all types of fire extinguishers.

  5         (b)  Class 2........................................$90

  6  Servicing, recharging, repairing, installing, or inspecting

  7  all types of fire extinguishers, including carbon dioxide

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

  9  extinguishers, except carbon dioxide units.

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

11  Servicing, recharging, repairing, installing, or inspecting

12  all types of fire extinguishers, except recharging carbon

13  dioxide units, and conducting hydrostatic tests on all types

14  of fire extinguishers, except carbon dioxide units.

15         (b)(d)  Preengineered permit Class 4...............$120

16  "Preengineered permittee" means a person who is limited to the

17  servicing, recharging, repairing, installing, or inspecting of

18  all types of preengineered fire extinguishing systems.

19  Servicing, repairing, hydrotesting, recharging, installing, or

20  inspecting all types of preengineered fire extinguishing

21  systems.

22         (c)(e)  Permits issued as duplicates or to reflect a

23  change of address..........................................$10

24

25  Any fire equipment permittee licensed pursuant to this

26  subsection who does not want to engage in servicing,

27  inspecting, recharging, repairing, hydrotesting, or installing

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

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

30  division to reflect the work authorized thereunder. It is

31  unlawful, unlicensed activity for any person or firm to


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

  2  inspection, recharge, repair, hydrotest, or installation

  3  except as specifically described in the permit.

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

  5  the State Fire Marshal for 2 years beginning January 1, 2000,

  6  and each 2-year period thereafter and expiring December 31 of

  7  the second year. All licenses or permits issued will expire on

  8  December 31 of each odd-numbered year. The failure to renew a

  9  license or permit by December 31 of the second year will cause

10  the license or permit to become inoperative.  The holder of an

11  inoperative license or permit shall not engage in any

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

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

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

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

16  the application for renewal is filed no later than the

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

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

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

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

21  shall require reexamination of the applicant. The fee for a

22  license or permit issued for 1 year or less shall be prorated

23  at 50 percent of the applicable fee for a biennial license or

24  permit. Each licensee or permittee shall successfully complete

25  a course or courses of continuing education for fire equipment

26  technicians of at least 32 hours within 4 years of initial

27  issuance of a license or permit and within each 4-year period

28  thereafter or no such license or permit shall be renewed. A

29  person who is both a licensee and a permittee shall be

30  required to complete 32 hours of continuing education per

31  4-year period. Each licensee shall ensure that all permittees


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  1  in his or her employment meet their continuing education

  2  requirements. The State Fire Marshal shall adopt rules

  3  describing the continuing education requirements and shall

  4  have the authority upon reasonable belief, to audit a fire

  5  equipment dealer to determine compliance with continuing

  6  education requirements.

  7         (b)  The forms of such licenses and permits and

  8  applications therefor shall be prescribed by the State Fire

  9  Marshal; in addition to such other information and data as

10  that officer determines is appropriate and required for such

11  forms, there shall be included in such forms the following

12  matters. Each such application shall be in such form as to

13  provide that the data and other information set forth therein

14  shall be sworn to by the applicant or, if a corporation, by an

15  officer thereof.  An application for a permit shall include

16  the name of the licensee employing such permittee, and the

17  permit issued in pursuance of such application shall also set

18  forth the name of such licensee. A permit is valid solely for

19  use by the holder thereof in his or her employment by the

20  licensee named in the permit.

21         (c)  A license of any class shall not be issued or

22  renewed by the State Fire Marshal and a license of any class

23  shall not remain operative unless:

24         1.  The applicant has submitted to the State Fire

25  Marshal evidence of registration as a Florida corporation or

26  evidence of compliance with s. 865.09.

27         2.  The State Fire Marshal or his or her designee has

28  by inspection determined that the applicant possesses the

29  equipment required for the class of license sought.  The State

30  Fire Marshal shall give an applicant a reasonable opportunity

31  to correct any deficiencies discovered by inspection. A fee of


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  1  $50, payable to the State Fire Marshal, shall be required for

  2  any subsequent reinspection.

  3         3.  The applicant has submitted to the State Fire

  4  Marshal proof of insurance providing coverage for

  5  comprehensive general liability for bodily injury and property

  6  damage, products liability, completed operations, and

  7  contractual liability.  The State Fire Marshal shall adopt

  8  rules providing for the amounts of such coverage, but such

  9  amounts shall not be less than $300,000 for Class A or Class D

10  licenses, $200,000 for Class B licenses, and $100,000 for

11  Class C licenses; and the total coverage for any class of

12  license held in conjunction with a Class D license shall not

13  be less than $300,000.  The State Fire Marshal may, at any

14  time after the issuance of a license or its renewal, require

15  upon demand, and in no event more than 30 days after notice of

16  such demand, the licensee to provide proof of insurance, on a

17  form provided by the State Fire Marshal, containing

18  confirmation of insurance coverage as required by this

19  chapter. Failure, for any length of time, to provide proof of

20  insurance coverage as required shall result in the immediate

21  suspension of the license until proof of proper insurance is

22  provided to the State Fire Marshal. An insurer which provides

23  such coverage shall notify the State Fire Marshal of any

24  change in coverage or of any termination, cancellation, or

25  nonrenewal of any coverage.

26         4.  The applicant applies to the State Fire Marshal and

27  successfully completes a prescribed training course offered by

28  the State Fire College or an equivalent course approved by the

29  State Fire Marshal.  This subparagraph does not apply to any

30  holder of or applicant for a permit under paragraph (f) or to

31  a business organization or a governmental entity seeking


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  1  initial licensure or renewal of an existing license solely for

  2  the purpose of inspecting, servicing, repairing, marking,

  3  recharging, and maintaining fire extinguishers used and

  4  located on the premises of and owned by such organization or

  5  entity.

  6         5.  The applicant has a current retestor identification

  7  number that is appropriate for the license for which the

  8  applicant is applying and that is listed with the United

  9  States Department of Transportation.

10         6.  The applicant has passed, with a grade of at least

11  70 percent, a written examination testing his or her knowledge

12  of the rules and statutes regulating the activities authorized

13  by the license and demonstrating his or her knowledge and

14  ability to perform those tasks in a competent, lawful, and

15  safe manner.  Such examination shall be developed and

16  administered by the State Fire Marshal, or his or her designee

17  in accordance with policies and procedures of the State Fire

18  Marshal.  An applicant shall pay a nonrefundable examination

19  fee of $50 for each examination or reexamination scheduled.

20  No reexamination shall be scheduled sooner than 30 days after

21  any administration of an examination to an applicant.  No

22  applicant shall be permitted to take an examination for any

23  level of license more than a total of four times during 1

24  year, regardless of the number of applications submitted. As a

25  prerequisite to licensure of taking the examination, the

26  applicant:

27         a.  Must be at least 18 years of age.

28         b.  Must have 4 years of proven experience as a fire

29  equipment permittee at a level equal to or greater than the

30  level of license applied for or have a combination of

31  education and experience determined to be equivalent thereto


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  1  by the State Fire Marshal.  Having held a permit at the

  2  appropriate level for the required period constitutes the

  3  required experience.

  4         c.  Must not have been convicted of, or pled nolo

  5  contendere to, any felony. If an applicant has been convicted

  6  of any such felony, the applicant must comply with s.

  7  112.011(1)(b).

  8

  9  This subparagraph does not apply to any holder of or applicant

10  for a permit under paragraph (f) or to a business organization

11  or a governmental entity seeking initial licensure or renewal

12  of an existing license solely for the purpose of inspecting,

13  servicing, repairing, marking, recharging, hydrotesting, and

14  maintaining fire extinguishers used and located on the

15  premises of and owned by such organization or entity.

16         (d)  An applicant who fails the examination may take it

17  three more times during the 1-year period after he or she

18  originally filed an application for the examination. If the

19  applicant fails the examination within 1 year after the

20  application date and seeks to retake the examination, he or

21  she must file a new application, pay the application and

22  examination fees, and successfully complete a prescribed

23  training course approved by the State Fire College or an

24  equivalent course approved by the State Fire Marshal.  An

25  applicant may not submit a new application within 6 months

26  after the date of his or her last reexamination.

27         (e)  A fire equipment dealer licensed under this

28  section may apply to upgrade the license currently held, if

29  the licensed dealer:

30         1.  Submits an application for the license on a form in

31  conformance with paragraph (b). The application must be


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  1  accompanied by a fee as prescribed in subsection (1) for the

  2  type of license requested.

  3         2.  Provides evidence of 2 years' experience as a

  4  licensed dealer and meets such relevant educational

  5  requirements as are established by rule by the State Fire

  6  Marshal for purposes of upgrading a license.

  7         3.  Meets the requirements of paragraph (c).

  8         (f)  No permit of any class shall be issued or renewed

  9  to a person by the State Fire Marshal, and no permit of any

10  class shall remain operative, unless the person has:

11         1.  Submitted a nonrefundable examination fee in the

12  amount of $50;

13         2.  Successfully completed a training course offered by

14  the State Fire College or an equivalent course approved by the

15  State Fire Marshal; and

16         3.  Passed, with a grade of at least 70 percent, a

17  written examination testing his or her knowledge of the rules

18  and statutes regulating the activities authorized by the

19  permit and demonstrating his or her knowledge and ability to

20  perform those tasks in a competent, lawful, and safe manner.

21  Such examination shall be developed and administered by the

22  State Fire Marshal in accordance with the policies and

23  procedures fo the State Fire Marshal. An examination fee shall

24  be paid for each examination scheduled.  No reexamination

25  shall be scheduled sooner than 30 days after any

26  administration of an examination to an applicant.  No

27  applicant shall be permitted to take an examination for any

28  level of permit more than four times during 1 year, regardless

29  of the number of applications submitted.  As a prerequisite to

30  taking the permit examination, the applicant must be at least

31  16 years of age.


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  1         (g)  An applicant who fails the examination may take it

  2  three more times during the 1-year period after he or she

  3  originally filed an application for the examination.  If the

  4  applicant fails the examination within 1 year after the

  5  application date and he or she seeks to retake the

  6  examination, he or she must file a new application, pay the

  7  application and examination fees, and successfully complete a

  8  prescribed training course offered by the State Fire College

  9  or an equivalent course approved by the State Fire Marshal.

10  The applicant may not submit a new application within 6 months

11  after the date of his or her last reexamination.

12         (4)(a)  It is unlawful for a fire equipment dealer to

13  engage in training an individual to perform the work of

14  installing, testing, recharging, repairing, or inspecting

15  portable extinguishers or preengineered systems except in

16  conformity with this section.  Each individual engaging in

17  such training activity must be registered with the State Fire

18  Marshal.  The dealer must register the trainee prior to the

19  trainee performing any work. The dealer must submit training

20  criteria to the State Fire Marshal for review and approval.

21         (a)(b)  No one that is being trained trainee shall

22  perform work requiring a permit unless an individual

23  possessing a valid and current fire equipment permit for the

24  type of work performed is physically present.  The trainee's

25  registration shall be valid for a 90-day period from the date

26  of issuance and is nontransferable and nonrenewable. The

27  initial training period may be extended for an additional 90

28  days of training if the applicant has filed an application for

29  permit and enrolled in the 40-hour course at the State Fire

30  College within 60 days after the date of registration as a

31  trainee and either the training course at the State Fire


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  1  College was unavailable to the applicant within the initial

  2  training period, at no fault of the applicant, or the

  3  applicant attends and fails the 40-hour training course or the

  4  competency examination. At no time will an individual be

  5  registered as a trainee for more than two 90-day periods as

  6  provided in this paragraph. The trainee must:

  7         1.  Be 18 years of age.

  8         2.  Possess on his or her person at all times a valid

  9  Florida driver's license or a valid state identification card,

10  issued by the Department of Highway Safety and Motor Vehicles.

11  A trainee must produce identification to the State Fire

12  Marshal or his or her designated representative upon demand.

13         3.  Pay a fee for registration of $10 per trainee for a

14  90-day period.

15         (b)(c)  No more than two trainees shall be under the

16  supervision of a single trainer, who shall be directly

17  responsible for all work performed by any trainee while under

18  his or her supervision.  No trainee shall perform any work not

19  within the scope of the license or permit held by the fire

20  equipment dealer or permittee directly supervising his or her

21  work.

22         (d)  Upon completion of a training period, an

23  individual must comply with the provisions of this section to

24  obtain a permit.

25         (5)  The State Fire Marshal shall adopt rules providing

26  for the approval of the time, place, and curriculum of each

27  training course required by this section.

28         (6)  Every permittee must have a valid and subsisting

29  permit upon his or her person at all times while engaging in

30  the servicing, recharging, repairing, testing, inspecting, or

31  installing of fire extinguishers and preengineered systems,


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  1  and every licensee or permittee must be able to produce such

  2  license or permit upon demand.  In addition, every permittee

  3  shall at all times carry an identification card containing his

  4  or her photograph and other identifying information as

  5  prescribed by the State Fire Marshal or the State Fire

  6  Marshal's designee, which shall be produced on demand.  The

  7  State Fire Marshal shall supply this card at a fee which shall

  8  be related to the cost of producing the card.

  9         (7)  The fees collected for any such licenses and

10  permits and the filing fees for license and permit examination

11  are hereby appropriated for the use of the State Fire Marshal

12  in the administration of this chapter and shall be deposited

13  in the Insurance Commissioner's Regulatory Trust Fund.

14         (8)  The provisions of this chapter do not apply to

15  inspections by fire chiefs, fire inspectors, fire marshals, or

16  insurance company inspectors.

17         (9)  All fire extinguishers and preengineered systems

18  that are required by statute or by rule must be serviced,

19  recharged, repaired, hydrotested, tested, inspected, and

20  installed in compliance with this chapter and with the rules

21  adopted by the State Fire Marshal.  The State Fire Marshal may

22  adopt by rule the standards of the National Fire Protection

23  Association and of other reputable national organizations.

24         (10)  If the licensee leaves the business organization

25  or dies, the business organization shall immediately notify

26  the State Fire Marshal of the licensee's departure, shall

27  return the license to the State Fire Marshal, and shall have a

28  grace period of 60 days in which to license another person

29  under the provisions of this chapter, failing which the

30  business shall no longer perform those activities for which a

31  license under this section is required.


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  1         Section 6.  This act shall take effect July 1, 2002.

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