Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 908
Ì532288FÎ532288
LEGISLATIVE ACTION
Senate . House
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The Committee on Banking and Insurance (Hooper) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 633.216, Florida
6 Statutes, is amended to read:
7 633.216 Inspection of buildings and equipment; orders;
8 firesafety inspection training requirements; certification;
9 disciplinary action.—The State Fire Marshal and her or his
10 agents or persons authorized to enforce laws and rules of the
11 State Fire Marshal shall, at any reasonable hour, when the State
12 Fire Marshal has reasonable cause to believe that a violation of
13 this chapter or s. 509.215, or a rule adopted thereunder, or a
14 minimum firesafety code adopted by the State Fire Marshal or a
15 local authority, may exist, inspect any and all buildings and
16 structures which are subject to the requirements of this chapter
17 or s. 509.215 and rules adopted thereunder. The authority to
18 inspect shall extend to all equipment, vehicles, and chemicals
19 which are located on or within the premises of any such building
20 or structure.
21 (1) Each county, municipality, and special district that
22 has firesafety enforcement responsibilities shall employ or
23 contract with a firesafety inspector. Except as provided in s.
24 633.312(2), and (3), and (4), the firesafety inspector must
25 conduct all firesafety inspections that are required by law. The
26 governing body of a county, municipality, or special district
27 that has firesafety enforcement responsibilities may provide a
28 schedule of fees to pay only the costs of inspections conducted
29 pursuant to this subsection and related administrative expenses.
30 Two or more counties, municipalities, or special districts that
31 have firesafety enforcement responsibilities may jointly employ
32 or contract with a firesafety inspector.
33 Section 2. Present subsections (4) and (5) of section
34 633.312, Florida Statutes, are redesignated as subsections (5)
35 and (6), respectively, and subsection (3) of that section is
36 amended, to read:
37 633.312 Inspection of fire control systems, fire hydrants,
38 and fire protection systems.—
39 (3)(a) The inspecting contractor shall provide to the
40 building owner or hydrant owner and the local authority having
41 jurisdiction a copy of the applicable uniform summary inspection
42 report established under this chapter. The local authority
43 having jurisdiction may accept uniform summary inspection
44 reports by United States mail, by hand delivery, by electronic
45 submission, or through a third-party vendor that collects the
46 reports on behalf of the local authority having jurisdiction.
47 (b) The State Fire Marshal shall adopt rules to implement a
48 uniform summary inspection report and submission procedures to
49 be used by all third-party vendors and local authorities having
50 jurisdiction. For purposes of this section, a uniform summary
51 inspection report must record the address where the fire
52 protection system or hydrant is located, the company and person
53 conducting the inspection and their license number, the date of
54 the inspection, and the fire protection system or hydrant
55 inspection status, including a brief summary of each deficiency,
56 critical deficiency, noncritical deficiency, or impairment
57 found. A contractor’s detailed inspection report is not required
58 to follow the uniform summary inspection report format. The
59 State Fire Marshal shall establish by rule a submission
60 procedure for each means provided under paragraph (a) by which a
61 local authority having jurisdiction may accept uniform summary
62 inspection reports. Each of the submission procedures must allow
63 a contractor to attach additional documents with the submission
64 of a uniform summary inspection report, including a physical
65 copy of the contractor’s detailed inspection report. A
66 submission procedure may not require a contractor to submit
67 information contained within the detailed inspection report
68 unless the information is required to be included in the uniform
69 summary inspection report.
70 (4) The maintenance of fire hydrant and fire protection
71 systems as well as corrective actions on deficient systems is
72 the responsibility of the owner of the system or hydrant.
73 Equipment requiring periodic testing or operation to ensure its
74 maintenance shall be tested or operated as specified in the Fire
75 Prevention Code, Life Safety Code, National Fire Protection
76 Association standards, or as directed by the appropriate
77 authority, provided that such appropriate authority may not
78 require a sprinkler system not required by the Fire Prevention
79 Code, Life Safety Code, or National Fire Protection Association
80 standards to be removed regardless of its condition. This
81 section does not prohibit governmental entities from inspecting
82 and enforcing firesafety codes.
83 Section 3. Paragraph (l) of subsection (2) of section
84 718.112, Florida Statutes, is amended to read:
85 718.112 Bylaws.—
86 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
87 following and, if they do not do so, shall be deemed to include
88 the following:
89 (l) Firesafety.—An association must ensure reasonable
90 compliance with the Florida Fire Prevention Code. For purposes
91 of this paragraph, the term “reasonable compliance” means the
92 ability to select alternative solutions to ensure that the
93 property meets the level of firesafety required by the Florida
94 Fire Prevention Code. As to a residential condominium building
95 that is a high-rise building as defined under the Florida Fire
96 Prevention Code, the association may either retrofit a fire
97 sprinkler system or install an engineered life safety system as
98 specified in the Florida Fire Prevention Code Certificate of
99 compliance.— A provision that a certificate of compliance from a
100 licensed electrical contractor or electrician may be accepted by
101 the association’s board as evidence of compliance of the
102 condominium units with the applicable fire and life safety code
103 must be included. Notwithstanding chapter 633 or of any other
104 code, statute, ordinance, administrative rule, or regulation, or
105 any interpretation of the foregoing, an association, residential
106 condominium, or unit owner is not obligated to retrofit the
107 common elements, association property, or units of a residential
108 condominium with a fire sprinkler system in a building that has
109 been certified for occupancy by the applicable governmental
110 entity if the unit owners have voted to forego such retrofitting
111 by the affirmative vote of a majority of all voting interests in
112 the affected condominium.
113 1. The local authority having jurisdiction may not require
114 completion of retrofitting with a fire sprinkler system or
115 completion of installation of an engineered life safety system
116 before January 1, 2023 2020. A residential condominium
117 association that is not in compliance with the requirements for
118 a fire sprinkler system or an engineered life safety system
119 shall:
120 a. By July 1, 2020, submit a final fire sprinkler permit
121 application and supporting documents to the authority having
122 jurisdiction;
123 b. By July 1, 2021, obtain all necessary permits; and
124 c. By December 31, 2022, pass final inspection.
125
126 If a residential condominium association fails to timely comply
127 with the requirements of this subparagraph, the authority having
128 jurisdiction shall assess a penalty against the association in
129 the amount of $500 per day until it attains compliance. The
130 Division of Florida Condominiums, Timeshares, and Mobile Homes
131 of the Department of Business and Professional Regulation shall
132 collect all such payments and remit them to the Firefighter
133 Assistance Grant Program created under s. 633.135 By December
134 31, 2016, a residential condominium association that is not in
135 compliance with the requirements for a fire sprinkler system and
136 has not voted to forego retrofitting of such a system must
137 initiate an application for a building permit for the required
138 installation with the local government having jurisdiction
139 demonstrating that the association will become compliant by
140 December 31, 2019.
141 1. A vote to forego retrofitting may be obtained by limited
142 proxy or by a ballot personally cast at a duly called membership
143 meeting, or by execution of a written consent by the member, and
144 is effective upon recording a certificate attesting to such vote
145 in the public records of the county where the condominium is
146 located. The association shall mail or hand deliver to each unit
147 owner written notice at least 14 days before the membership
148 meeting in which the vote to forego retrofitting of the required
149 fire sprinkler system is to take place. Within 30 days after the
150 association’s opt-out vote, notice of the results of the opt-out
151 vote must be mailed or hand delivered to all unit owners.
152 Evidence of compliance with this notice requirement must be made
153 by affidavit executed by the person providing the notice and
154 filed among the official records of the association. After
155 notice is provided to each owner, a copy must be provided by the
156 current owner to a new owner before closing and by a unit owner
157 to a renter before signing a lease.
158 2. If there has been a previous vote to forego
159 retrofitting, a vote to require retrofitting may be obtained at
160 a special meeting of the unit owners called by a petition of at
161 least 10 percent of the voting interests. Such a vote may only
162 be called once every 3 years. Notice shall be provided as
163 required for any regularly called meeting of the unit owners,
164 and must state the purpose of the meeting. Electronic
165 transmission may not be used to provide notice of a meeting
166 called in whole or in part for this purpose.
167 3. As part of the information collected annually from
168 condominiums, the division shall require condominium
169 associations to report the membership vote and recording of a
170 certificate under this subsection and, if retrofitting has been
171 undertaken, the per-unit cost of such work. The division shall
172 annually report to the Division of State Fire Marshal of the
173 Department of Financial Services the number of condominiums that
174 have elected to forego retrofitting.
175 2.4. Notwithstanding s. 553.509, a residential association
176 may not be obligated to, and may forego the retrofitting of, any
177 improvements required by s. 553.509(2) upon an affirmative vote
178 of a majority of the voting interests in the affected
179 condominium.
180 Section 4. This act shall take effect upon becoming a law.
181
182 ================= T I T L E A M E N D M E N T ================
183 And the title is amended as follows:
184 Delete everything before the enacting clause
185 and insert:
186 A bill to be entitled
187 An act relating to firesafety systems; amending s.
188 633.216, F.S.; conforming a cross-reference; amending
189 s. 633.312, F.S.; authorizing local authorities having
190 jurisdiction to accept uniform summary inspection
191 reports of certain fire hydrants and fire protection
192 systems by certain means; requiring the State Fire
193 Marshal to adopt rules implementing a uniform summary
194 inspection report and certain submission procedures;
195 providing requirements for such uniform report and
196 procedures; providing that such procedures may not
197 require a contractor to submit certain information;
198 amending s. 718.112, F.S.; requiring that condominium
199 association bylaws provide requirements for the
200 association’s reasonable compliance with the Florida
201 Fire Prevention Code; defining the term “reasonable
202 compliance”; providing construction; specifying
203 authorized means of compliance for certain residential
204 condominiums; deleting a requirement for association
205 bylaws to contain a certain certificate of compliance
206 provision; deleting an exemption from a requirement to
207 retrofit certain condominium property with a fire
208 sprinkler system; deleting procedures for such
209 exemption; extending the date before which a local
210 authority having jurisdiction may not require
211 completion of retrofitting with a fire sprinkler
212 system; specifying the date before which a local
213 authority having jurisdiction may not require
214 completion of installation of an engineered life
215 safety system; requiring a residential condominium
216 association that is not in compliance with certain
217 requirements to perform certain duties by specified
218 dates; providing a penalty; requiring the Division of
219 Florida Condominiums, Timeshares, and Mobile Homes of
220 the Department of Business and Professional Regulation
221 to collect such penalty payments and remit them to the
222 Firefighter Assistance Grant Program within the
223 Division of State Fire Marshal of the Department of
224 Financial Services; deleting an obsolete provision;
225 deleting requirements for condominium associations to
226 report certain information to the Division of Florida
227 Condominiums, Timeshares, and Mobile Homes and for the
228 division to report certain information to the Division
229 of State Fire Marshal; providing an effective date.