Bill Text: FL S1136 | 2010 | Regular Session | Enrolled

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Bill Title: Firesafety Inspections [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-06-01 - Approved by Governor; Chapter No. 2010-173; companion bill(s) passed, see CS/CS/CS/CS/HB 663 (Ch. 2010-176) [S1136 Detail]

Download: Florida-2010-S1136-Enrolled.html

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ENROLLED 
2010 Legislature                                         SB 1136 
20101136er 
1 
2         An act relating to firesafety inspections; amending s. 
3         633.081, F.S.; providing exceptions to certain local 
4         government firesafety inspection requirements; 
5         amending s. 633.082, F.S.; specifying inspection 
6         requirements for fire hydrants owned by governmental 
7         entities; authorizing local government utilities to 
8         comply using designated employees; specifying 
9         responsibility for ensuring the qualification of 
10         designated employees to make inspections; providing an 
11         effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Subsections (1) and (2) of section 633.081, 
16  Florida Statutes, are amended to read: 
17         633.081 Inspection of buildings and equipment; orders; 
18  firesafety inspection training requirements; certification; 
19  disciplinary action.—The State Fire Marshal and her or his 
20  agents shall, at any reasonable hour, when the department has 
21  reasonable cause to believe that a violation of this chapter or 
22  s. 509.215, or a rule promulgated thereunder, or a minimum 
23  firesafety code adopted by a local authority, may exist, inspect 
24  any and all buildings and structures which are subject to the 
25  requirements of this chapter or s. 509.215 and rules promulgated 
26  thereunder. The authority to inspect shall extend to all 
27  equipment, vehicles, and chemicals which are located within the 
28  premises of any such building or structure. 
29         (1) Each county, municipality, and special district that 
30  has firesafety enforcement responsibilities shall employ or 
31  contract with a firesafety inspector. Except as provided in s. 
32  633.082(2), the firesafety inspector must conduct all firesafety 
33  inspections that are required by law. The governing body of a 
34  county, municipality, or special district that has firesafety 
35  enforcement responsibilities may provide a schedule of fees to 
36  pay only the costs of inspections conducted pursuant to this 
37  subsection and related administrative expenses. Two or more 
38  counties, municipalities, or special districts that have 
39  firesafety enforcement responsibilities may jointly employ or 
40  contract with a firesafety inspector. 
41         (2) Except as provided in s. 633.082(2), every firesafety 
42  inspection conducted pursuant to state or local firesafety 
43  requirements shall be by a person certified as having met the 
44  inspection training requirements set by the State Fire Marshal. 
45  Such person shall: 
46         (a) Be a high school graduate or the equivalent as 
47  determined by the department; 
48         (b) Not have been found guilty of, or having pleaded guilty 
49  or nolo contendere to, a felony or a crime punishable by 
50  imprisonment of 1 year or more under the law of the United 
51  States, or of any state thereof, which involves moral turpitude, 
52  without regard to whether a judgment of conviction has been 
53  entered by the court having jurisdiction of such cases; 
54         (c) Have her or his fingerprints on file with the 
55  department or with an agency designated by the department; 
56         (d) Have good moral character as determined by the 
57  department; 
58         (e) Be at least 18 years of age; 
59         (f) Have satisfactorily completed the firesafety inspector 
60  certification examination as prescribed by the department; and 
61         (g)1. Have satisfactorily completed, as determined by the 
62  department, a firesafety inspector training program of not less 
63  than 200 hours established by the department and administered by 
64  agencies and institutions approved by the department for the 
65  purpose of providing basic certification training for firesafety 
66  inspectors; or 
67         2. Have received in another state training which is 
68  determined by the department to be at least equivalent to that 
69  required by the department for approved firesafety inspector 
70  education and training programs in this state. 
71         Section 2. Subsection (2) of section 633.082, Florida 
72  Statutes, is amended to read: 
73         633.082 Inspection of fire control systems, fire hydrants, 
74  and fire protection systems.— 
75         (2) Fire hydrants and fire protection systems installed in 
76  public and private properties, except one-family or two-family 
77  dwellings, in this state shall be inspected following procedures 
78  established in the nationally recognized inspection, testing, 
79  and maintenance standards publications NFPA-24 and NFPA-25 as 
80  set forth in the edition adopted by the State Fire Marshal. 
81  Quarterly, annual, 3-year, and 5-year inspections consistent 
82  with the contractual provisions with the owner shall be 
83  conducted by the certificateholder or permittees employed by the 
84  certificateholder pursuant to s. 633.521, except that: 
85         (a) Public fire hydrants owned by a governmental entity 
86  shall be inspected following procedures established in the 
87  inspection, testing, and maintenance standards adopted by the 
88  State Fire Marshal or equivalent standards such as those 
89  contained in the latest edition of the American Water Works 
90  Association’s Manual M17, “Installation, Field Testing, and 
91  Maintenance of Fire Hydrants.” 
92         (b) County, municipal, and special district utilities may 
93  perform fire hydrant inspections required by this section using 
94  designated employees. Such designated employees need not be 
95  certified under this chapter. However, counties, municipalities, 
96  or special districts that use designated employees are 
97  responsible for ensuring that the designated employees are 
98  qualified to perform such inspections. 
99         Section 3. This act shall take effect upon becoming a law.