STORAGE NAME: h0551a.IPA DATE: 3/14/2025 1 FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. BILL #: CS/HB 551 TITLE: Fire Prevention SPONSOR(S): Borrero COMPANION BILL: CS/SB 1078 (McClain) LINKED BILLS: None RELATED BILLS: None Committee References Industries & Professional Activities 17 Y, 0 N, As CS Intergovernmental Affairs Commerce SUMMARY Effect of the Bill: The bill expands the types of fire alarm system projects eligible for the simplified building permit process. The bill requires local governments to: issue simplified building permits within a certain period; perform an inspection within a certain period of receiving a request; establish a simplified permitting process by a certain date; and refund permit fees when they fail to meet statutory deadlines. The bill repeals the requirement for local governments to perform at least one inspection for simplified building permit projects. The bill allows contractors to start work immediately after submitting a completed simplified building permit application, and requires them to submit requested information within a certain time-period. The bill provides that local amendments to the Florida Fire Prevention Code are null and void if they are not adopted in accordance with Florida Statutes. The bill amends the items required to be in an inspection report for a fire hydrant or fire protection system. Fiscal or Economic Impact: The bill may have a positive fiscal impact on contractors who use the simplified permitting process by allowing them to start work immediately after submitting a completed application. It is unknown if the bill will have an economic impact on local governments. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: Simplified Permitting Processes The bill redefines “fire alarm system project” to include replacing an existing fire alarm panel with the same make and model, which will make such projects eligible for the simplified building permit process. (Section 1) The bill defines the term “alteration” which was previously undefined. The bill defines “alteration” as to “add, install, relocate, replace, or remove.” (Section 1) The bill provides that a local enforcement agency must issue a building permit for an eligible fire alarm or fire sprinkler project within two (2) business days of the completed application being submitted. A contractor may begin work immediately after submitting the completed application. (Section 1) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 The bill repeals the requirement that a local enforcement agency must perform at least one inspection of the fire alarm system or fire sprinkler system project. However, if a local enforcement agency requires inspection(s), it must perform an inspection within three (3) business days after the inspection is requested. (Section 1) The bill provides that if a local enforcement agency needs additional documentation for recording purposes, the contractor must provide the requested documentation within four (4) days of the local enforcement agency’s inspection or request, whichever is later. However, a local enforcement agency may not require a contractor to provide additional documents or plans reviews that are outside the scope of the permitted work needed on the permit application. (Section 1) The bill requires local governments to refund their building permit fees by 10% for each business day that they fail to meet the deadline to issue a permit or perform an inspection for a simplified permitting process fire alarm system or fire sprinkler project unless: The parties agree in writing to a reasonable extension; The delay is caused by the permit applicant; or The delay is attributable to a force majeure or other extraordinary circumstance. Each 10% refund is based on the original amount of the permit fee. (Section 1) The bill requires local enforcement agencies to establish a simplified permitting process by October 1, 2025. (Section 1) Local Amendments to the Florida Fire Prevention Code The bill provides that if a county or municipality fails to adopt a local amendment to the Florida Fire Prevention Code in accordance with current law, the local amendment is null and void. (Section 2) The bill provides that a municipality may only enforce an ordinance that has been sent to the Florida Building Commission and the State Fire Marshal as of the date that the bid for a permit was submitted. (Section 2) Fire Hydrant and Fire Protection System Inspections The bill provides that the uniform summary inspection report must list the total number of deficiencies discovered during the inspection instead of a brief summary of each deficiency or impairment. (Section 3) The bill also removes the requirement that the procedure to submit summary inspection reports to a local authority may require a contractor to submit information contained in their detailed inspection report. (Section 3) The bill provides an effective date of July 1, 2025. (Section 4) RELEVANT INFORMATION SUBJECT OVERVIEW: Simplified Permitting Process Standard Building Permit Process 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. 1 Every local government must enforce the Florida Building Code and issue building permits. 2 A building permit is an official document or certificate issued by the local building official that authorizes performance of a specific activity. 3 1 S. 553.72, F.S. 2 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S. 3 S. 468.603(2), F.S; S. 202 of the Eighth edition of the Florida Building Code (Building). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 Current law requires local governments to review alarm, electrical, plumbing, and mechanical building permit applications within a specific time-period of receiving the applications: 4 When a local government receives an application for one of the above building permits, it must approve, approve with conditions, or deny a building permit application following receipt of a completed and sufficient application to the following timelines, unless the applicant waives such limitation in writing: 5 Within 30 business days if the structure is less than 7,500 square feet. Within 60 business days if the structure is more than 7,500 square feet. If a local government fails to meet one of the deadlines, it must reduce the building permit fee by ten (10) percent for each business day that it fails to meet the deadline. Each ten (10) percent reduction is based on the original amount of the building permit fee, unless: 6 the parties agree to an extension of time; the delay is caused by the applicant; or the delay is attributable to a force majeure or other extraordinary circumstances. Simplified Building Permit Process Section 553.793, F.S., provides an expedited permitting process for certain fire alarm system projects and fire sprinkler 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 or fire sprinkler project, but a local enforcement agency is still authorized to require a contractor to submit a completed application and a payment for such permit. 7 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 connected to an existing fire alarm control panel in an existing commercial, residential, apartment, cooperative, or condominium building. 8 A “fire sprinkler system project” is defined as a fire protection system alteration of a total of 20 or fewer fire sprinklers in which the sprinklers are of the same K-factor and located in spaces where there is no change of hazard classification or increased system coverage area, or the installation or replacement of an equivalent fire sprinkler system component in an existing commercial, residential, apartment, cooperative, or condominium building. 9 The term “alteration” is not defined. A local enforcement agency must require at least one inspection of a fire alarm system or fire sprinkler project to ensure the work complies with the applicable codes and standards. If a project fails an inspection, the contractor must take corrective action as necessary to pass inspection. 10 The contractor must keep a copy of the plans and specifications at the worksite, and make them available to the inspector at each inspection. 11 The simplified permitting process does not require local enforcement agencies to issue a permit within a certain time period. 4 S. 553.792(1), F.S. 5 Id. 6 Id. 7 S. 553.7932(2), F.S. 8 S. 553.7932(1), F.S. 9 Id. 10 S. 553.7932(4), F.S. 11 S. 553.7932(5), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 4 Fire Alarm Panel A “fire alarm panel” or “control unit” serves as the brain of a fire alarm system. It monitors all the inputs, i.e. smoke or heat detection, into the system and controls all of the outputs, i.e. alarms. 12 Local Amendments to the Florida Fire Prevention Code Florida Fire Prevention Code Chapter 633, F.S., is Florida’s fire prevention and control law, and it designates the state’s Chief Financial Officer as the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal 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. 13 Pursuant to this authority, the State Fire Marshal regulates, trains, and certifies fire service personnel and fire safety inspectors. 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. 14 State law requires all municipalities, counties, and special districts with fire safety responsibilities to enforce the Fire Code as the minimum fire prevention code. These local enforcing authorities may adopt more stringent fire safety standards, subject to certain requirements, but may not enact fire safety ordinances that conflict with ch. 633, F.S., or any other state law. 15 The chiefs of local government fire service providers (or their designees) are authorized to enforce ch. 633, F.S., and rules within their respective jurisdictions as agents of those jurisdictions, not agents of the State Fire Marshal. 16 Each county, municipality, and special district with fire safety enforcement responsibilities is also required to employ or contract with a fire safety inspector (certified by the State Fire Marshal) to conduct all fire safety inspections required by law. 17 Local Amendments to the Florida Fire Prevention Code Counties, municipalities, and special districts may adopt more stringent safety standards by: 18 Holding a public meeting that has been advertised in a newspaper of general circulation at least 10 days before the hearing; Deciding after the meeting that there is a need to strengthen the Fire Code. o The determination must be based upon a review of the local conditions by the local governing body, which demonstrates that local conditions require the more stringent standards. Providing a procedure allowing substantially affected parties to challenge the validity of such standards. o A challenging party is entitled to a hearing within 45 days and has the burden of proof. Sending the amendment to the State Fire Marshal and the Florida Building Commission within 30 days of adopting the amendment. 12 Shawn Mahoney, A Guide to Fire Alarm Basics, NFPA, (March 3, 2021) https://www.nfpa.org/news-blogs-and- articles/blogs/2021/03/03/a-guide-to-fire-alarm-basics (last visited March 7, 2024). 13 S. 633.104, F.S. 14 S. 633.202, F.S. 15 Ss. 633.108, 633.208, and 633.214, F.S. 16 S. 633.118, F.S. 17 S. 633.216(1), F.S. 18 Ss. 633.202, and 633.208, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 5 Fire Hydrant and Fire Protection System Inspections The State Fire Marshal has the right to inspect any fire hydrants or fire protection systems in order to determine that such system meets the standards set forth by the state. Inspections may also be conducted by independent contractors. 19 Any person who wishes to inspect fire hydrants or fire protection systems must have a fire protection system’s contractor license issued by the State Fire Marshal. 20 If a fire protection system contractor inspects a fire hydrant or a fire protection system, the contractor must use a uniform summary inspection report adopted by the State Fire Marshall. A contractor must provide a copy of the summary inspection report to the local authority and the building owner or hydrant owner. An inspector also completes a detailed report in addition to the uniform summary inspection report. 21 The uniform summary inspection report must include the: 22 Address where the fire protection system or hydrant is located; Company and person conducting the inspection and their license number; Date of the inspection; and Fire protection system or hydrant inspection status, including a brief summary of all the deficiencies discovered during the inspection including: o Deficiency. o Critical deficiency. o Noncritical deficiency; or o Impairment. The State Fire Marshal must adopt rules for contractors to submit uniform summary inspection reports to local governments. The procedures must allow a contractor to attach additional documents with the uniform summary inspection report, including a physical copy of the contractor’s detailed inspection report. However, a submission procedure may not require a contractor to submit information contained within the detailed inspection report unless the information is required to be included in the uniform summary inspection report. 23 19 S. 633.312, F.S. 20 Ss. 633.312 and 633.318, F.S. 21 S. 633.312(3), F.S. 22 S. 633.312(3)(b), F.S. 23 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 6 BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Industries & Professional Activities Subcommittee 17 Y, 0 N, As CS 3/12/2025 Anstead Brackett THE CHANGES ADOPTED BY THE COMMITTEE: Expanded the time-period that local governments have to perform an inspection from within 24 hours after receiving a request to within three (3) business days of receiving a request. Provided that contractors must provide additional documentation for fire alarm system and fire sprinkler projects within four (4) days of receiving a request from the local government or (4) days after the inspection, whichever is later. Provided that a local government must refund 10 percent of a building permit fee for missing a required deadline instead of reducing the fee by 10 percent. Provided that a local government only has to refund 10 percent of a fee if they fail to issue a building permit or perform an inspection for certain fire alarm system and fire sprinkler projects within the required timeframe. Provided that a local amendment to the Fire Code is null and void if it is not adopted in accordance with current law instead of immediately rescinded. Removed the bill’s provision subjecting a local fire marshal’s license to discipline if they enforce a rescinded local amendment to the Fire Code. Provided that a municipality may only enforce a local amendment to the Fire Code if it has been sent to the Florida Building Commission and the State Fire Marshal as of the date the contractor submitted the bid for a permit. Intergovernmental Affairs Subcommittee Commerce Committee ------------------------------------------------------------------------------------------------------------------------------------- THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. -------------------------------------------------------------------------------------------------------------------------------------