HB 0101CS

CHAMBER ACTION




1The Committee on Public Safety & Crime Prevention recommends the
2following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
7
A bill to be entitled
8An act relating to fire prevention and control; amending
9s. 633.171, F.S.; providing criminal penalties for
10initiating a pyrotechnic display in an indoor facility
11under certain circumstances; providing an exception;
12amending s. 633.821, F.S.; providing additional criteria
13for certain rules of the Division of State Fire Marshal;
14requiring the division to adopt rules relating to live
15fire training; providing requirements; providing for such
16rules to take effect; requiring state certification as an
17instructor for certain training after a certain date;
18providing an exception from application to certain
19wildland training; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 633.171, Florida Statutes, is amended
24to read:
25     633.171  Penalty for violation of law, rule, or order to
26cease and desist or for failure to comply with corrective
27order.--
28     (1)  Any person who violates The violation of any provision
29of this law, or any order or rule of the State Fire Marshal, or
30any order to cease and desist or to correct conditions issued
31under this chapter commits hereunder, shall constitute a
32misdemeanor of the second degree, punishable as provided in s.
33775.082 or s. 775.083.
34     (2)  It is shall constitute a misdemeanor of the first
35degree, punishable as provided in s. 775.082 or s. 775.083, to
36intentionally or willfully:
37     (a)  Render a fire extinguisher or preengineered system
38required by statute or by rule inoperative except during such
39time as the extinguisher or preengineered system is being
40serviced, hydrotested, tested, repaired, or recharged, except
41pursuant to court order.
42     (b)  Obliterate the serial number on a fire extinguisher
43for purposes of falsifying service records.
44     (c)  Improperly service, recharge, repair, hydrotest, test,
45or inspect a fire extinguisher or preengineered system.
46     (d)  Use the license or permit number of another person.
47     (e)  Hold a permit and allow another person to use said
48permit number.
49     (f)  Use, or permit the use of, any license by any
50individual or organization other than the one to whom the
51license is issued.
52     (3)(a)  A person who initiates a pyrotechnic display in an
53indoor facility that does not have a fire suppression system
54installed in compliance with s. 633.065 commits a felony of the
55third degree, punishable as provided in s. 775.082, s. 775.083,
56or s. 775.084.
57     (b)  A person who initiates a pyrotechnic display in an
58indoor facility without the written consent of the owner or
59operator of the indoor facility and without a permit issued by
60the local authority having jurisdiction commits a felony of the
61third degree, punishable as provided in s. 775.082, s. 775.083,
62or s. 775.084.
63     (c)  This subsection does not apply to the manufacture,
64distribution, sale at wholesale or retail, or seasonal sale of
65products regulated under chapter 791 if the products are not
66used in an indoor facility.
67     Section 2.  Subsection (2) of section 633.821, Florida
68Statutes, is amended, and subsection (6) is added to said
69section, to read:
70     633.821  Workplace safety.--
71     (2)  The division shall have the authority to adopt rules
72for the purpose of ensuring safe working conditions for all
73firefighter employees by authorizing the enforcement of
74effective standards, by assisting and encouraging firefighter
75employers to maintain safe working conditions, and by providing
76for education and training in the field of safety. Specifically,
77the division may by rule adopt all or any part of subparts C
78through T and subpart Z of 29 C.F.R. s. 1910, as revised April
798, 1998; the National Fire Protection Association, Inc.,
80Standard 1500, paragraph 5-7 (Personal Alert Safety System)
81(1992 edition); the National Fire Protection Association, Inc.,
82Publication 1403, Standard on Live Fire Training Evolutions
83(1997 edition); and ANSI A 10.4-1990.
84     (6)(a)  The Division of State Fire Marshal shall adopt
85rules for live fire training and for a training and
86certification process for a live fire training instructor that
87shall be required for the training of all firefighters subject
88to this chapter.
89     (b)  Such rules for training shall include:
90     1.  Sections of the most current edition of the National
91Fire Protection Association, Inc., Publication 1402, Guide to
92Building Fire Service Training Centers, relating to establishing
93policies and procedures for effective use of such permanent
94facilities or structures.
95     2.  Sections of the most current edition of the National
96Fire Protection Association, Inc., Publication 1403, Standard on
97Live Fire Training Evolutions (1997 edition), excluding:
98     a.  Any chapter entitled ?Referenced Publications.?
99     b.  References to the National Fire Protection Association,
100Inc., Publication 1975, Station Uniform.
101     c.  The National Fire Protection Association, Inc.,
102Publication 1001, or any reference to such publication in the
103National Fire Protection Association, Inc., Publication 1975.
104     d.  Any reference to authority having jurisdiction in the
105National Fire Protection Association, Inc., publication 1403,
106defined as the organization, office, or individual responsible
107for approving equipment, materials, installations, and
108procedures.
109     3.  A 40-hour training program for instructors including:
110     a.  Live fire instructional techniques.
111     b.  Training safety in acquired or permanent facilities or
112props.
113     c.  Personnel safety.
114     d.  Exterior props, including, but not limited to, liquid
115petroleum gas, other liquid fuels, and similar props.
116     (c)  Such rules, excluding live fire training instructor
117certification, shall take effect no later than January 1, 2005.
118     (d)  State certification as a live fire training instructor
119is required for live fire training on and after January 1, 2006.
120     (e)  This subsection does not apply to wildland training
121credentialed through the National Wildfire Coordinating Group by
122the Division of Forestry.
123     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.