HB 1297

1
A bill to be entitled
2An act relating to building safety; amending s. 633.025,
3F.S.; exempting existing buildings from minimum firesafety
4codes until a specified date; exempting owners of certain
5apartment buildings or condominiums from a requirement to
6install a fire alarm system; amending s. 718.1085, F.S.;
7extending until 2016 a provision prohibiting local
8authorities having jurisdiction from requiring the
9retrofitting of condominium common areas with handrails
10and guardrails; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Subsections (6) and (7) of section 633.025,
15Florida Statutes, are amended, and subsection (11) is added to
16that section, to read:
17     633.025  Minimum firesafety standards.--
18     (6)  With regard to existing buildings, the Legislature
19recognizes that it is not always practical to apply any or all
20of the provisions of the minimum firesafety code and that
21physical limitations may require disproportionate effort or
22expense with little increase in lifesafety. Prior to applying
23the minimum firesafety code to an existing building, the local
24fire official shall determine that a threat to lifesafety or
25property exists. If a threat to lifesafety or property exists,
26the fire official shall apply the applicable firesafety code for
27existing buildings to the extent practical to assure a
28reasonable degree of lifesafety and safety of property or the
29fire official shall fashion a reasonable alternative which
30affords an equivalent degree of lifesafety and safety of
31property. The decision of the local fire official may be
32appealed to the local administrative board described in s.
33553.73. Buildings in existence on July 1, 2009, may not be
34required to comply with any provision of the minimum firesafety
35code prior to December 31, 2016.
36     (7)  Nothing herein shall preclude a municipality, county,
37or special district from requiring a structure to be maintained
38in accordance with the applicable firesafety code. However,
39buildings in existence on July 1, 2009, are exempt to the extent
40provided in subsections (6) and (11).
41     (11)  The standards established by s. 31.3.4.1.1 of the
42National Fire Protection Association (NFPA) 101, Life Safety
43Code, 2007 edition, do not apply to structures that have direct
44access to the outside from each living unit or that are three or
45fewer stories in height.
46     Section 2.  Section 1.  Section 718.1085, Florida Statutes,
47is amended to read:
48     718.1085  Certain regulations not to be retroactively
49applied.--Notwithstanding the provisions of chapter 633 or of
50any other code, statute, ordinance, administrative rule, or
51regulation, or any interpretation thereof, an association,
52condominium, or unit owner is not obligated to retrofit the
53common elements or units of a residential condominium that meets
54the definition of "housing for older persons" in s.
55760.29(4)(b)3. to comply with requirements relating to handrails
56and guardrails if the unit owners have voted to forego such
57retrofitting by the affirmative vote of two-thirds of all voting
58interests in the affected condominium. However, a condominium
59association may not vote to forego the retrofitting in common
60areas in a high-rise building. For the purposes of this section,
61the term "high-rise building" means a building that is greater
62than 75 feet in height where the building height is measured
63from the lowest level of fire department access to the floor of
64the highest occupiable level. For the purposes of this section,
65the term "common areas" means stairwells and exposed, outdoor
66walkways and corridors. In no event shall the local authority
67having jurisdiction require retrofitting of common areas with
68handrails and guardrails before the end of 2016 2014.
69     (1)  A vote to forego retrofitting may not be obtained by
70general proxy or limited proxy, but shall be obtained by a vote
71personally cast at a duly called membership meeting, or by
72execution of a written consent by the member, and shall be
73effective upon the recording of a certificate attesting to such
74vote in the public records of the county where the condominium
75is located. The association shall provide each unit owner
76written notice of the vote to forego retrofitting of the
77required handrails or guardrails, or both, in at least 16-point
78bold type, by certified mail, within 20 days after the
79association's vote. After such notice is provided to each owner,
80a copy of such notice shall be provided by the current owner to
81a new owner prior to closing and shall be provided by a unit
82owner to a renter prior to signing a lease.
83     (2)  As part of the information collected annually from
84condominiums, the division shall require condominium
85associations to report the membership vote and recording of a
86certificate under this subsection and, if retrofitting has been
87undertaken, the per-unit cost of such work. The division shall
88annually report to the Division of State Fire Marshal of the
89Department of Financial Services the number of condominiums that
90have elected to forego retrofitting.
91     Section 3.  This act shall take effect July 1, 2009.


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