The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 408
INTRODUCER: Regulated Industries Committee and Senator Perry
SUBJECT: Fire Sprinkler System Project Permitting
DATE: April 4, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. Kraemer Imhof RI Fav/CS
3. Hunter Twogood RC Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 408 creates a simplified permitting process for certain “fire sprinkler system projects,” as
defined in the bill, similar to the current process for fire alarm system projects. Specifically, the
bill allows a local enforcement agency to require a fire protection system contractor to submit a
permit application and pay a permit fee for a fire sprinkler system project, but may not require
the contractor to submit plans or specifications as a condition of obtaining such permit. Such fire
sprinkler system project must have at least one inspection to ensure compliance with applicable
codes and standards, and a contractor must keep a copy of plans available at inspection. The
local enforcement agency must issue a permit for a fire sprinkler system project in person or
electronically.
The bill defines a "fire sprinkler system project" to mean a fire protection system alteration of a
total of 20 or fewer fire sprinklers that have the same K-factor (relating to discharge rates from
sprinkler heads) and does not change a hazard classification or an increased system coverage
area, or the installation or replacement of an equivalent sprinkler system component in an
existing commercial, residential, apartment, cooperative, or condominium building.
The bill is effective July 1, 2023.
REVISED: BILL: CS/SB 408 Page 2
II. Present Situation:
State Fire Marshal and Florida Fire Prevention Code
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. The
DFS has the responsibility to minimize the loss of life and property in this state due to fire.
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 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.
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.
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.
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:
1
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.
2
1
Section 633.102(11), F.S.
2
Id. BILL: CS/SB 408 Page 3
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.
3
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.
4
Fire Protection System Contractors
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.
5
Fire protection system contractors are regulated by ch. 633, F.S., which outlines the law
pertaining to fire protection system contractors in Florida. The State Fire Marshal is responsible
for licensing and regulating fire system protection contractors in Florida.
6
There are five levels of certification for fire protection system contractors. A contractor’s ability
to practice is limited to the category or categories for which the contractor has obtained
certification.
7
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 pre-engineered 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 pre-engineered 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 pre-engineered 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.
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
3
See generally chs. 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).
4
Section 633.312, F.S.; See s. 10.2.7 of the 7th edition of the Florida Fire Prevention Code (NFPA Standard 1).
5
Section 633.336(1), F.S.
6
Sections 633.318 and 633.338, F.S.
7
Section 633.102(3), F.S. BILL: CS/SB 408 Page 4
underground piping for a water-based fire protection system under the direction of a
Contractor I or Contractor II.
8
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 in an amount not less than $500,000, and a Contractor IV must have insurance in an
amount not less than $250,000.
9
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.
10
In order to sit for an exam for certification as a contractor, a person must provide evidence of
experience and/or education levels, depending on the certification sought by the person.
11
Fire Alarm System Projects
In 2022, the Legislature enacted s. 553.7932, F.S., to create a simplified permitting process for
certain fire alarm system projects, streamlining processing time by eliminating any requirement
for a local enforcement agency to review plans prior to a contractor starting work.
12
The law
prohibits a local enforcement agency from requiring an electrical or alarm system contractor to
submit plans or specifications in order to obtain a permit for certain fire alarm system projects,
but preserves the agency’s authority to require a permit application and permit fee.
13
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
14
connected to an existing fire alarm control panel
15
in an existing commercial,
residential, apartment, cooperative, or condominium building.
16
8
Id.
9
Section 633.318(4), and (7), F.S.
10
The Division administers examinations and collects fees for each type of fire protection system certification. See
ss. 633.318(1), (2), and (4), and 633.132(1)(a), F.S.
11
Section 633.318(3), F.S.
12
Ch. 2022-124, Laws of Fla.
13
Section 553.7932(2), F.S.
14
A “fire alarm communicator” is a device that sends a coded signal when a fire alarm or abnormal condition occurs to
special receivers at a 24-hour central station, to alert station operators to call the appropriate authorities and a building’s
management or owners. Norris Inc., available at https://norrisinc.com/2016/08/12/alarm-system-communicators/ (last visited
March 14, 2023).
15
A “fire alarm control unit” or fire alarm panel, 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,
available at 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 March 14, 2023).
16
Section 553.7932(1)(b), F.S. BILL: CS/SB 408 Page 5
A local enforcement agency must:
Issue a permit for a fire alarm system project in person or electronically.
17
Require at least one inspection to ensure the work complies with the applicable codes and
standards, and if a fire alarm system project fails an inspection, the contractor must take
corrective action to pass inspection.
18
The contractor must keep a copy of the plans and specifications at the fire alarm system project
worksite, and make them available to the inspector at each inspection.
19
III. Effect of Proposed Changes:
The bill creates s. 553.7953, F.S., to establish a simplified permitting process for certain “fire
sprinkler system projects.” A "fire sprinkler system project" is a fire protection system alteration
of a total of 20 or fewer fire sprinklers that have the same K-factor (relating to discharge rates
from sprinkler heads) and does not change a hazard classification (which depends on a building’s
occupancy or use)
20
or an increased system coverage area, or the installation or replacement of
an equivalent sprinkler system component in an existing commercial, residential, apartment,
cooperative, or condominium building.
A contractor replacing a fire sprinkler system component must use a component equivalent to the
component being replaced, including electrical, hydraulic, pressure losses, required listings, and
spacings. The bill defines the term “component” to mean “valves, fire sprinklers, escutcheons
[plates that seal the gap between sprinklers and surfaces], hangers, compressors, or any other
item deemed acceptable by the local enforcement agency.” Under the bill, the term “valves” does
not include pressure-regulating, pressure-reducing, or pressure-control valves.
The bill prohibits local enforcement agencies from requiring a fire protection system contractor
to submit plans or specifications as a condition of obtaining a permit for a fire sprinkler system
project. However, a local enforcement agency may require a contractor, as a condition of
obtaining a permit for a fire sprinkler system project, to submit a completed application and
make a payment.
A local enforcement agency must require a fire sprinkler system project to have at least one
inspection to ensure compliance with applicable codes and standards. If a fire sprinkler system
project fails an inspection, the contractor must take corrective action to pass inspection.
If the purpose of the fire sprinkler system project is to alter a fire sprinkler system, the contractor
must keep a copy of the plans or as-built plans at the fire sprinkler system project worksite, and
make such plans available to the inspector at each inspection.
If the purpose of the fire sprinkler system project is to replace a component of the fire system,
the contractor must keep a copy of the manufacture’s installation instructions and any related
17
Section 553.7932(3), F.S.
18
Section 553.7932(4), F.S.
19
Section 553.7932(5), F.S.
20
See s. 302 of the Florida Building Code, Occupancy Classification and Use Designation at
https://codes.iccsafe.org/content/FLBC2020P1/chapter-3-use-and-occupancy-classification (last visited Mar. 21, 2023). BILL: CS/SB 408 Page 6
testing instructions to certify or accept the component at a fire sprinkler system project and make
such documents to the inspection at each inspection.
The bill is effective July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Fire system contractors may experience improved workflow and increased efficiency
resulting from implementation of the simplified permitting process.
C. Government Sector Impact:
Local governments may experience a reduction in workload and increased administrative
and inspection efficiencies due to eliminating review of plans before issuing a permit for
fire sprinkler system projects.
VI. Technical Deficiencies:
None. BILL: CS/SB 408 Page 7
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 553.7953 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on March 21, 2023:
The CS revises the definitions of:
“Component” to delete backflow preventers, switches, hydrants, pumps, pump motors
and engines, and to provide that the term “valves” in this definition does not include
pressure-regulating, pressure-reducing, or pressure-control valves; and
“Fire sprinkler system project” to add a requirement that alteration of a fire protection
system have the same K-factor (relating to discharge rates from sprinkler heads) and
does not change a hazard classification or an increased system coverage area.
The amendment also clarifies that eligible projects include those for installation or
replacement of an “equivalent” component, not “an equal or equivalent” one.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.