Florida 2023 2023 Regular Session

Florida House Bill H0327 Analysis / Analysis

Filed 02/20/2023

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0327.RRS 
DATE: 2/20/2023 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 327    Fire Sprinkler System Projects 
SPONSOR(S): Bell 
TIED BILLS:   IDEN./SIM. BILLS:  
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Regulatory Reform & Economic Development 
Subcommittee 
 	Thompson Anstead 
2) Commerce Committee    
SUMMARY ANALYSIS 
Florida’s fire prevention and control law, ch. 633, F.S., requires the State Fire Marshal to adopt the Florida Fire 
Prevention Code (Fire Code). The Fire Code sets forth fire safety standards (including certain national codes) 
for buildings and structures. The State Fire Marshall adopts a new edition of the Fire Code every three years. 
All municipalities, counties, and special districts with fire safety responsibilities must enforce the Fire Code to 
operate uniformly among local governments and in conjunction with the Florida Building Code.   
 
The State Fire Marshal licenses and regulates fire protection system contractors in the state. Currently, a 
Contractor I or II may design: 
 New fire protection systems of 49 or fewer sprinklers; 
 An alteration of existing fire sprinkler systems regardless of size if the alteration consists of the 
relocation, addition, or deletion of no more than 49 sprinklers; or  
 An alteration of an existing fire sprinkler system if the alteration consists of the relocation or deletion of 
249 or fewer sprinklers.  
 
The bill provides that a Contractor I or II may design the alteration of an existing fire sprinkler system if the 
alteration consists of the relocation or deletion or 249 or fewer sprinklers. 
 
Local building code enforcement agencies are responsible for permitting fire alarm system projects. An 
electrical or alarm system contractor cannot install or replace a fire alarm until they obtain a Uniform Fire Alarm 
Permit. Current law authorizes an expedited permitting process for certain fire alarm system projects that alter 
a total of 20 or fewer initiating devices. However, the expedited permitting process does not include projects 
that involve changes to fire sprinkler systems. 
 
The bill creates an expedited permitting process for certain “fire sprinkler system projects,” similar to the 
current process for fire alarm system projects, and prohibits local enforcement agencies from requiring a fire 
protection system contractor to submit plans to obtain a building permit for a fire sprinkler system project.  
 
This expedited process would allow a contractor I or II to start work on such fire system project without first 
obtaining a standard permit, and obtain an expedited permit electronically. 
 
The bill does not appear to have a fiscal impact on state or local government. 
 
The bill provides for an effective date of July 1, 2023.   STORAGE NAME: h0327.RRS 	PAGE: 2 
DATE: 2/20/2023 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Current Situation 
 
State Fire Marshal  
 
Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as 
the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal (Division) 
located within the Department of Financial Services (DFS), is charged with enforcing the provisions of 
ch. 633, F.S., and all other applicable laws relating to fire safety. DFS has the responsibility to minimize 
the loss of life and property in this state due to fire.
1
 Pursuant to this authority, the State Fire Marshal 
regulates, trains, and certifies fire service personnel and fire safety inspectors; investigates the causes 
of fires; enforces arson laws; regulates the installation of fire equipment; conducts fire safety 
inspections of state property; and operates the Florida State Fire College.  
 
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Prevention Code), 
which contains all fire safety laws and rules that pertain to the design, construction, erection, alteration, 
modification, repair, and demolition of public and private buildings, structures, and facilities, and the 
enforcement of such fire safety laws and rules.
2
  
 
The State Fire Marshall adopts a new edition of the Fire Prevention Code every three years. When 
adopting a new edition of the Fire Prevention Code, the State Fire Marshal must adopt the most recent 
version of the National Fire Protection Association (NFPA) Standard 1, Fire Prevention Code, and the 
NFPA 101 Life Safety Code.
3
 
 
State law requires all municipalities, counties, and special districts with fire safety responsibilities to 
enforce the Fire Prevention Code as the minimum fire prevention code to operate uniformly among 
local governments and in conjunction with the Florida Building Code.
4
 Each county, municipality, and 
special district with fire safety enforcement responsibilities must employ or contract with a fire safety 
inspector (certified by the State Fire Marshal) to conduct all fire safety inspections required by law. 
 
Florida Building Code 
 
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum 
building code that would ensure that Florida’s minimum standards were met. Local governments could 
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of 
new editions of the four model codes. Local governments could amend and enforce their local codes, 
as they desired.
5
  
 
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane 
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The 
Governor eventually appointed a study commission to review the system of local codes and make 
recommendations for modernizing the system. The 1998 Legislature adopted the study commission’s 
recommendations for a single state building code and enhanced the oversight role of the state over 
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code 
                                                
1
 S. 633.104, F.S. 
2
 S. 633.202(1) and (2), F.S. 
3
 Id. The NFPA is the National Fire Protection Association. Founded in 1896, the NFPA delivers information and knowledge through 
no more than 300 consensus codes and standards, research, training, education, outreach and advocacy. NFPA, About NFPA,  
https://www.nfpa.org/about-nfpa (last visited Feb. 13, 2023). 
4
 The Florida Building Code is the statewide building code for all construction in the state. Every local government must enforce the 
Florida Building Code and issue building permits. See generally ch. 553, F.S. 
5
 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, 
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 13, 2023).    STORAGE NAME: h0327.RRS 	PAGE: 3 
DATE: 2/20/2023 
  
(Building Code), and that first edition replaced all local codes on March 1, 2002.
6
 The current edition of 
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code.
7
 
 
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent 
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and 
enforcement of a single, unified state building code. The Building Code must be applied, administered, 
and enforced uniformly and consistently from jurisdiction to jurisdiction.
8
 
 
The Florida Building Commission (Commission) was statutorily created to implement the Building 
Code. The Commission, which is housed within DBPR, is a 19-member technical body made up of 
design professionals, contractors, and government experts in various disciplines covered by the 
Building Code. The Commission reviews several International Codes published by the International 
Code Council,
9
 the National Electric Code, and other nationally adopted model codes to determine if 
the Building Code needs to be updated and adopts an updated Building Code every three years.
10
 
 
Enforcement of the Florida Building Code 
 
It is the intent of the Legislature that local governments have the power to inspect all buildings, 
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare.
11
 
Every local government must enforce the Building Code and issue building permits.
12
  
 
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any 
building without first obtaining a building permit from the local government or from such persons as 
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees 
as set forth in a schedule of fees adopted by the enforcing agency.
13
  
 
To obtain a building permit an applicant must complete an application for the proposed work on the 
form furnished by the government entity.
14
 A local government that issues building permits must post 
each type of building permit application on its website.
15
 
 
A building permit is an official document or certificate issued by the local building official that authorizes 
performance of a specific activity.
16
 A building official is a local government employee or a person 
contracted by a government entity who supervises building code activities, including plans review, 
enforcement, and inspection.
17
  
 
Any construction work that requires a building permit also requires building plans and inspections by 
the building official to ensure the work complies with the Building Code.
18
 Generally speaking, a 
permitted project that passes the required inspections is considered completed or closed.
19
 
 
Uniform Fire Alarm Permit 
                                                
6
 Id. 
7
 Florida Building Commission Homepage,  https://floridabuilding.org/c/default.aspx (last visited Feb. 13, 2023).   
8
 See s. 553.72(1), F.S. 
9
 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and 
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC, 
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 13, 2023). 
10
 Ss. 553.73, and 553.74, F.S. 
11
 S. 553.72, F.S. 
12
 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 
13
 See ss. 125.56(4)(a) and 553.79(1), F.S. 
14
 S. 713.135(5) and (6), F.S. 
15
 Ss. 125.56(4)(b) and 553.79(1), F.S. 
16
 S. 468.603(2), F.S; S. 202, Seventh edition, Florida Building Code (Building). 
17
 Id.  
18
 Ss. 107, 110.1, and 110.3, Seventh edition, Florida Building Code (Building). 
19
 Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department, 
Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited Feb. 13, 2023).  STORAGE NAME: h0327.RRS 	PAGE: 4 
DATE: 2/20/2023 
  
 
Fire protection systems, including fire alarms, must be installed, repaired, operated, and maintained in 
accordance with the Fire Prevention Code and the Building Code.
20
 
 
An electrical or alarm system contractor must file a uniform fire alarm permit application with a local 
government in order to obtain a fire alarm permit.
21
  
 
The Uniform Fire Alarm Permit Application must include the following information:
22
 
 
 The name and address of the owner of the property; 
 The name, address, and license number of the contractor; 
 A description sufficient to identify the property to be improved, including the property’s address 
and legal description;  
 A description of the work being performed; and 
 The owner and contractor’s signature. 
 
An electrical or alarm system contractor cannot install or replace a fire alarm until they obtain a fire 
alarm permit. However, an electrical or alarm system contractor may make repairs on a fire alarm 
without a fire alarm permit, as long as they have applied for the permit.
23
 
 
Time-Period to Review Building Permit Applications 
 
Current law requires local governments to review the following building permit applications within a 
specific time-period of receiving the applications:
24
 
 
 Accessory structure;  
 Alarm permit;  
 Nonresidential buildings less than 25,000 square feet;  
 Electric;  
 Irrigation permit;  
 Landscaping;  
 Mechanical;  
 Plumbing;  
 Residential units other than a single family unit;  
 Multifamily residential not exceeding 50 units;  
 Roofing;  
 Signs;  
 Site-plan approvals and subdivision plats not requiring public hearings or public notice; and 
 Lot grading and site alteration associated with a permit application. 
 
When a local government receives an application for one of the above building permits, it must:
25
 
 
 Inform the applicant within 10 days of receiving the application, what information, if any, is 
needed to complete the application. 
o If the local government fails to provide written notice to the applicant within the 10-day 
window, the application is deemed to be properly completed.  
 Notify the applicant within 45 days of the application being deemed complete, if additional 
information is necessary to determine the sufficiency of the application; 
o If additional information is needed the local government must specify what additional 
information is necessary.  
                                                
20
 Ss. 202 and 901.2, Seventh edition, Florida Building Code (Building). 
21
 S. 553.7921(1); Ch. 19-140, Laws of Fla. 
22
 S. 553.7921(3), F.S. 
23
 S. 553.7921(1) and (2), F.S. 
24
 S. 553.792(2), F.S. 
25
 S. 553.792(1)(a), F.S.  STORAGE NAME: h0327.RRS 	PAGE: 5 
DATE: 2/20/2023 
  
o The applicant may submit the additional information to the local government or request 
that the local government act on the application without the additional information.  
 Approve, approve with conditions, or deny the application within 120 days following receipt of 
the completed application. 
o This period is tolled during the time an applicant is responding to a request for additional 
information and may be extended by mutual consent of the parties. 
 
If a local government fails to meet one of the deadlines, it must reduce the building permit fee by ten 
percent for each business day that it fails to meet the deadline. Each ten percent reduction is based on 
the original amount of the building permit fee, unless the parties agree to an extension of time.
26
 
 
Over-the-Counter Permits 
 
Generally, over-the-counter permits are building permits that need minimal or no plans reviewed by the 
local building official. However, an applicant must still fill out an application, and inspections are still 
required to close or complete the permit. Local government officials typically determine what types of 
permits qualify as over-the-counter permits for their jurisdictions. Over-the-counter permits can be 
issued in person or online depending on the jurisdiction.
27
 
 
Typically, an application for a permit must include building plans. A local enforcing agency may not 
issue a permit until the building official or plans examiner has reviewed the building plans and 
determined that they comply with the Building Code, unless the project is not required to have plans 
reviewed by the local building official.
28
  
 
Permits for the following projects are not required to have plans reviewed by the local building official:
29
 
 
 Replacing existing equipment such as mechanical units, water heaters, etc. 
 Reroofs. 
 Minor electrical, plumbing and mechanical repairs. 
 Annual maintenance permits. 
 Prototype plans: 
o Except for local site adaptions, siding, foundations and/or modifications, and structures 
that require a waiver. 
 Manufactured buildings except for foundations and modifications of buildings on site. 
 
Fire Alarm System Projects 
 
Current law provides an expedited permitting process for certain fire alarm system projects. The 
process removes the time required to review plans prior to starting work. The law prohibits a local 
enforcement agency from requiring a contractor to submit building plans or specifications in order to 
obtain a permit for a fire alarm system project, but local enforcement is still authorized to require a 
contractor to submit a completed application and a payment for such permit.
30
 
 
A “fire alarm system project” is defined as a fire alarm system alteration of a total of 20 or fewer 
initiating devices and notification devices, or the installation or replacement of a fire communicator
31
 
                                                
26
 S. 550.792(1)(b), F.S. 
27
 City of Boca Raton, Building Permits and Inspections, https://www.myboca.us/157/Building-Permits-and-Inspections (last visited 
Feb. 13, 2023); Charlotte County, Permits, https://www.charlottecountyfl.gov/departments/community-development/building-
construction/permits/ (last visited Feb. 13, 2023); Nassau County, Over the Counter Building Permit Application, 
https://www.nassaucountyfl.com/DocumentCenter/View/22517/Over-the-Counter-Building-Permit (last visited Feb. 13, 2023); City 
of Sarasota, Building and Permitting Online Services, https://ftgportal.sarasotafl.gov/Permits/Home.aspx?microapp=c (last visited on 
Feb. 13, 2023). 
28
 S. 553.79(2), F.S. 
29
 S. 107.3.5, Seventh edition, Florida Building Code (Building). 
30
 S. 553.7932(2), F.S. 
31
 A “fire alarm communicator” is a device that automatically contacts first responders, if a fire is detected. Norris Inc., 
https://norrisinc.com/2016/08/12/alarm-system-communicators/ (last visited Feb. 13, 2023).  STORAGE NAME: h0327.RRS 	PAGE: 6 
DATE: 2/20/2023 
  
connected to an existing fire alarm control panel
32
 in an existing commercial, residential, apartment, 
cooperative, or condominium building.
33
 
 
A local enforcement agency must: 
 
 Issue a permit for a fire alarm system project in person or electronically.
34
 
 Require at least one inspection of a fire alarm system project to ensure the work complies with 
the applicable codes and standards. If a fire alarm system project fails an inspection, the 
contractor must take corrective action as necessary to pass inspection.
35
  
 
The contractor must keep a copy of the plans and specifications at the worksite, and make them 
available to the inspector at each inspection.
36
 
 
The expedited permitting process for fire alarm system projects does not include projects that involve 
fire sprinkler systems.  
 
Fire Protection Systems 
 
A “fire protection system” is a system individually designed to protect the interior or exterior of a specific 
building or buildings, structure, or other special hazard from fire. A fire protection system includes, but 
is not limited to:
37
  
 
 Water sprinkler systems;  
 Water spray systems;  
 Foam-water sprinkler systems;  
 Foam-water spray systems;  
 Carbon dioxide systems;  
 Foam extinguishing systems;  
 Dry chemical systems; and  
 Halon and other chemical systems used for fire protection use.  
 
Fire protection systems also include any tanks and pumps connected to fire sprinkler systems, 
overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses 
connected to sprinkler systems, sprinkler tank heaters, air lines, and thermal systems used in 
connection with fire sprinkler systems.
38
 
 
Fire protection systems must be installed in accordance with the Fire Code and the Florida Building 
Code. Current law requires local governments to enforce the Fire Code and the Florida Building Code 
including the permitting, inspecting, and approving the installation of a fire protection system.
39
 Owners 
of fire protection systems are responsible for the maintenance of their fire protection systems, and must 
contract with a certified fire protection system contractor to regularly inspect such systems.
40
 
 
Fire Protection System Contractors 
 
                                                
32
 A “fire alarm control unit” serves as the brain of the fire alarm system. It is a component of a fire alarm system that receives signals 
from initiating devices or other fire alarm control units, and processes these signals to determine part or all of the required fire alarm 
system output. National Fire Protection Association, A Guide to Fire Alarm Basics, https://www.nfpa.org/News-and-
Research/Publications-and-media/Blogs-Landing-Page/NFPA-Today/Blog-Posts/2021/03/03/A-Guide-to-Fire-Alarm-Basics (last 
visited Feb. 13, 2023). 
33
 S. 553.7932(1)(b), F.S. 
34
 S. 553.7932(3), F.S. 
35
 S. 553.7932(4), F.S. 
36
 S. 553.7932(5), F.S. 
37
 S. 633.102(11), F.S. 
38
 Id. 
39
 See generally ch. 553 and 633, F.S.; ss. 10.1.2 and 10.1.3 of the 7th edition of the Florida Fire Prevention Code (NFPA Standard 1). 
40
 S. 633.312, F.S.; S. 10.2.7 of the 7th edition of the Florida Fire Prevention Code (NFPA Standard 1).  STORAGE NAME: h0327.RRS 	PAGE: 7 
DATE: 2/20/2023 
  
In order to engage in the business of laying out, fabricating, installing, inspecting, altering, repairing, or 
servicing a fire protection system in Florida, other than a pre-engineered system, a person must be 
certified as a fire protection system contractor.
41
  
 
Fire protection system contractors are regulated by ch. 633, F.S., which outlines the law pertaining to 
fire protection system contractors in the state. The State Fire Marshal is responsible for licensing and 
regulating fire system protection contractors in the state.
42
  
 
Fire protection system contractors are divided into five categories. A contractor’s ability to practice is 
limited to the category or categories that a contractor has obtained certification. The contractor 
categories are:
43
 
 
 Contractor I - means a contractor whose business includes the execution of contracts requiring 
the ability to lay out, fabricate, install, inspect, alter, repair, and service all types of fire protection 
systems, excluding preengineered systems. 
 
 Contractor II - means a contractor whose business is limited to the execution of contracts 
requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service water sprinkler 
systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, 
standpipes, combination standpipes and sprinkler risers, all piping that is an integral part of the 
system beginning at the point of service, sprinkler tank heaters, air lines, thermal systems used 
in connection with sprinklers, and tanks and pumps connected thereto, excluding preengineered 
systems. 
 
 Contractor III - means a contractor whose business is limited to the execution of contracts 
requiring the ability to fabricate, install, inspect, alter, repair, and service carbon dioxide 
systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical 
systems, excluding preengineered systems. 
 
 Contractor IV - means a person who can lay out, fabricate, install, inspect, alter, repair, and 
service automatic fire sprinkler systems for detached one- and two- family dwellings and mobile 
homes. 
o This does not include single-family dwellings in multi-dwelling buildings such as 
apartments, condominiums, assisted living facilities, or buildings connected to other 
dwellings. 
o A Contractor IV is limited to the scope of practice specified in the NFPA 13D Standard 
for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and 
Manufactured Homes. 
 
 Contractor V - means a contractor whose business is limited to the execution of contracts 
requiring the ability to fabricate, install, alter, repair, and service the underground piping for a 
fire protection system using water as the extinguishing agent beginning at the point of service 
and ending no more than 1 foot above the finished floor. A Contractor V may inspect 
underground piping for a water-based fire protection system under the direction of a Contractor I 
or Contractor II.
44
 
 
A fire protection system contractor must have insurance providing coverage for comprehensive general 
liability for bodily injury and property damages, products liability, completed operations, and contractual 
liability. A Contractor I, Contractor II, Contractor III, or Contractor V must have insurance of not less 
than $500,000, and a Contractor IV must have insurance of not less than $250,000.
45
 
 
                                                
41
 S. 633.336(1), F.S. 
42
 Ss. 633.318 and 633.338, F.S. 
43
 S. 633.102(3), F.S. 
44
 S. 633.318(9), F.S. 
45
 S. 633.318(4), and (7), F.S.  STORAGE NAME: h0327.RRS 	PAGE: 8 
DATE: 2/20/2023 
  
In order to obtain certification as a fire protection system contractor, a person must submit a written 
application to the Division, pay a fee of $300, be at least 18 years of age, be of good moral character, 
provide proof of insurance, and pass a written exam administered by the Division.
46
  
 
In order to sit for an exam for certification as a contractor, a person must provide evidence of the 
following experience and/or education depending on the certification sought by the person:
47
 
 
 For certification as a Contractor I, a person must have 4 years of experience in the full time 
employment with a Contractor I, or a combination of equivalent education and experience in 
both water-based and chemical fire suppression systems. 
 
 For certification as a Contractor II, a person must have 4 years of verifiable employment 
experience with a fire protection system as a Contractor I or Contractor II, or a combination of 
equivalent education and experience in water-based fire suppression systems. 
 
 For certification as a Contractor III, a person must have 4 years of verifiable employment 
experience with a fire protection system as a Contractor I or Contractor II, or a combination of 
equivalent education and experience in chemical fire suppression systems. 
 
 For certification as a Contractor IV, a person must be licensed as a certified plumbing contractor 
and successfully complete a training program of not less than 40 contact hours about the 
applicable installation standard described in NFPA 13D. 
 
 For certification as a Contractor V, a person must be licensed as a certified underground utility 
and excavation contractor or certified plumbing contractor, or provide 4 years of verifiable 
experience in the full time employment of a certified underground utility and excavation 
contractor or certified plumbing contractor, or a combination of equivalent education and 
experience. 
 
Design of Fire Protection Systems 
 
The scope of practice for certified contractors does not include designing a fire protection system. In 
order to design fire protection systems, a person must be licensed as a fire protection engineer
48
 or 
architect with fire protection design experience. A fire protection engineer or architect with fire 
protection design may design any type of fire protection system and is not limited by type or size of the 
fire protection system.
49
  
 
Architects in the state are regulated by ch. 481, part I, F.S., and by the Board of Architecture and 
Interior Design with the Department of Business and Professional Regulation (DBPR). 
 
The practice of engineering is regulated by ch. 471, F.S., and by the Florida Board of Professional 
Engineers (FBPE).
50
 
 
Current law provides that a Contractor I or II may:
51
 
 
 Design fire protection systems of 49 or fewer sprinklers; 
 Design the alteration of an existing fire sprinkler system regardless of size as long as the 
alteration consists of the relocation, addition, or deletion of no more than 49 sprinklers;  
 
                                                
46
 The Division has an exam for each type of fire protection system certification. ss. 633.318(1), (2), and (4), and 633.132(1)(a), F.S. 
47
 S. 633.318(3), F.S. 
48
 There is no fire protection engineer license provided in current law. However, in order to practice engineering in Florida including 
fire protection engineering, a person must be licensed as a professional engineer. See ch. 471, F.S. 
49
 S. 633.102(3), F.S. 
50
 S. 471.038(3), F.S. 
51
 S. 633.102(3), F.S.  STORAGE NAME: h0327.RRS 	PAGE: 9 
DATE: 2/20/2023 
  
“or” 
 
 Design the alteration of an existing fire sprinkler system if the alteration consists of the 
relocation or deletion of 249 or fewer sprinklers, regardless of the size of the sprinkler system, 
as long as:  
o There is no change of occupancy of the affected areas, as defined in the Florida Building 
Code and the Florida Fire Prevention Code;
52
 
o There is no change in the water demand as defined in NFPA 13, "Standard 76 for the 
Installation of Sprinkler Systems;” and  
o The occupancy hazard classification as defined in NFPA 13 is not reduced or remains the 
same.
53
 
 
During the 2021 regular Session, the law was amended to allow a Contractor I or II to provide for the 
third design option, which is to design the alteration of an existing fire sprinkler system if the alteration 
consists of the relocation or deletion of 249 or fewer sprinklers, regardless of the size of the sprinkler 
system. According to industry members, the wording of the law caused confusion with local 
enforcement agencies as to whether a contractor is authorized to work on design projects with 49 or 
249 sprinklers.
54
 
 
Effect of Proposed Changes 
 
The bill creates an expedited permitting process for fire sprinkler system projects. Specifically, the bill: 
 
 Authorizes local enforcement agencies to require a contractor, as a condition of obtaining a 
permit for a fire sprinkler system project, to submit a completed application and payment. 
 Prohibits local enforcement agencies from requiring a contractor to submit plans or 
specifications as a condition of obtaining a permit for a fire sprinkler system project. 
 Requires local enforcement agencies to issue a permit for a fire sprinkler system project in 
person or electronically. 
 Requires local enforcement agencies to require at least one inspection of a fire sprinkler system 
project to ensure compliance with applicable codes and standards.  
 Provides that if a fire sprinkler system project fails an inspection, the contractor must take 
corrective action as necessary to pass inspection. 
 
The bill requires contractors to keep a copy of the plans and specifications at the fire sprinkler system 
project worksite and make such plans and specifications available to the inspector at each inspection 
for a: 
 
 Fire sprinkler system project to alter an existing fire protection system; and 
 Fire alarm system project. 
 
For a fire sprinkler system project to install or replace a component, the bill requires contractors to keep 
the following documents at the fire sprinkler system project worksite and make them available to the 
inspector at each inspection: 
 
 A copy of the manufacturer's installation instructions; and  
 Any pertinent testing instructions needed to certify or accept the component. 
                                                
52
 Every building must have an occupancy classification, which is the formal designation of the primary purpose of the building. 
Different classifications of occupancy represent varying levels of hazard and risk to building occupants. A change of occupancy is 
when a building changes its primary purpose or occupancy classification. ss. 202 and 302 of the Seventh Edition of the Building Code.  
53
 The occupancy hazard classification is a rating system that is used to help determine the minimum water needed to fight a structural 
fire. No hazard classification is assigned when a building has an automatic sprinkler system installed in accordance with applicable 
standards. NFPA, Step 1 How Much Water is Needed?, https://www.nfpa.org/assets/gallery/firewise/operationWater/step1_3.htm (last 
visited Feb. 13, 2023). 
54
 Email from Edwards Briggs, Vice President of Government Relations & Community Affairs RSA Consulting Group, LLC, RE: HB 
327 Fire Sprinkler System Projects (Feb. 03, 2023).  STORAGE NAME: h0327.RRS 	PAGE: 10 
DATE: 2/20/2023 
  
 
The bill defines a "fire sprinkler system project" to mean a fire protection system alteration of a total of 
20 or fewer fire sprinklers or the installation or replacement of an equivalent fire sprinkler system 
component in an existing commercial, residential, apartment, cooperative, or condominium building. A 
component is equivalent if the component has the same or better characteristics, including electrical, 
hydraulic, pressure losses, and required listings and spacing as the component being replaced. 
 
The bill defines “component” to mean valves, backflow preventers, switches, fire sprinklers, 
escutcheons, hangers, pumps, pump motors and engines, compressors, hydrants, or any other item 
deemed acceptable by the local enforcing agency. 
 
The bill provides that a contractor is qualified to engage in the business of fire protection system 
contracting pursuant to a license or certificate issued by the State Fire Marshal. 
 
The bill clarifies that a Contractor I or II is authorized to design fire sprinkler systems of up to 49 
sprinklers, design the alteration of existing fire sprinkler systems of up to 49 sprinklers, “and” design the 
alteration of existing fire sprinkler systems of 249 or fewer sprinklers if no more than 49 altered 
sprinklers are added to the total number of sprinklers previously protecting the permitted space. 
 
 
B. SECTION DIRECTORY: 
Section 1: amends s. 553.7932, F.S.; revising and providing definitions; providing requirements for 
a simplified permitting process for certain fire sprinkler system projects. 
 
Section 2: amends s. 633.102, F.S.; revising the definition of the term "contractor" as it relates to 
fire sprinkler systems. 
 
Section 3: provides for an effective date of July 1, 2023. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
The bill may have a positive economic impact on consumers and contractors by allowing a Fire 
Protection System Contractor I or II to work on fire sprinkler projects immediately without having to go 
through the plans review process before repairing broken equipment or systems. 
 
D. FISCAL COMMENTS:  STORAGE NAME: h0327.RRS 	PAGE: 11 
DATE: 2/20/2023 
  
None. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take  
action requiring the expenditures of funds; reduce the authority that counties or municipalities have  
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or  
municipalities. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES