July 04, 2020
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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.

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