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