HB 0267CS

CHAMBER ACTION




1The Insurance Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to fire hydrants; amending s. 633.065,
7F.S.; authorizing all public and private fire hydrants to
8be tested in accordance with national standards; providing
9timeframes for repairing or replacing defective fire
10hydrants and providing for maintenance records; requiring
11that faulty inspections be reported immediately to the
12local authorities having jurisdiction; providing for
13misdemeanor penalties for noncompliance; amending s.
14633.171, F.S.; providing that it shall constitute a
15misdemeanor of the first degree to intentionally or
16willfully fail to properly service, recharge, repair,
17hydrotest, test, or inspect a fire hydrant; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (3) is added to section 633.065,
23Florida Statutes, to read:
24     633.065  Requirements for installation, inspection, and
25maintenance of fire suppression equipment.--
26     (3)(a)  Each municipality, county, and special district
27with fire safety responsibilities may require that all fire
28hydrants, public and private, be tested annually to ensure
29proper function. The testing shall be in accordance with the
30National Fire Protection Association Standard 25, Standard for
31the Inspection, Testing and Maintenance of Water-based Fire
32Protection Systems, the edition most recently adopted in the
33Florida Fire Prevention Code. Consistent with the provisions of
34s. 633.025(1), the requirements of this subsection shall be
35deemed adopted by each municipality, county, and special
36district with fire safety responsibilities. Nothing in this
37subsection shall be construed to make any municipality, county,
38or special district responsible for performing the required
39testing, inspection, or maintenance of any fire hydrant except
40those fire hydrants actually owned by the municipality, county,
41or special district.
42     (b)  The owner of a private fire hydrant shall cause any
43repair or replacement indicated by an annual inspection to be
44made within 30 days and shall maintain records of the repair or
45replacement.
46     (c)  Inspection results that determine that a private fire
47hydrant is nonfunctioning shall be reported immediately to the
48local authorities having jurisdiction.
49     (d)  Penalties for noncompliance shall be in accordance
50with s. 633.171.
51     Section 2.  Paragraph (c) of subsection (2) of section
52633.171, Florida Statutes, is amended to read:
53     633.171  Penalty for violation of law, rule, or order to
54cease and desist or for failure to comply with corrective
55order.--
56     (2)  It shall constitute a misdemeanor of the first degree,
57punishable as provided in s. 775.082 or s. 775.083, to
58intentionally or willfully:
59     (c)  Improperly service, recharge, repair, hydrotest, test,
60or inspect a fire extinguisher, or preengineered system, or fire
61hydrant.
62     Section 3.  This act shall take effect July 1, 2005.


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