Proposed changes to minimum fire safety standards statute would require local fire officials to identify specific code violations when rejecting permits, and prohibit them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local fire official to state discipline.
HB 89, encompasses several changes to laws impacting the construction industry. Links to those other topics are at the bottom of this article, but the focus of this article is on changes to the portion of Chapter 633.208, Florida Statutes, which deals with minimum fire safety standards. The revisions to the statute require local fire officials to identify specific code provisions that violate Florida’s Fire Prevention Code when rejecting proposed plans and to notify the party seeking the permit of those violations so they can be corrected. The revisions also prohibit local fire officials from making substantive changes to the plans or specifications after the permit is issued, except where the official can identify specific life safety code violations, which must be specifically identified in writing to the person who was issued the permit. Failing to provide this specific information subjects the local fire official to discipline by the state.
The statute modifies 633.208, Florida Statutes, as follows:
(2)(a) Pursuant to subsection (1), each municipality, county, and special district with firesafety responsibilities shall enforce the Florida Fire Prevention Code as the minimum firesafety code required by this section.
(b) If a municipality, county, or special district determines that the building plans for a building permit application do not comply with the Florida Fire Prevention Code or Life Safety Code, or local amendments thereto, the local fire official must identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the determination is based, and provide this information to the permit applicant.
(c) After a municipality, county, or special district issues a building permit, it may not make or require any substantive changes to the building plans except those required for compliance with the Florida Fire Prevention Code or Life Safety Code, or local amendments thereto. If a municipality, county, or special district makes or requires substantive changes to building plans after a permit is issued, the local fire official must identify the specific plan features that do not comply with the Florida Fire Prevention Code or Life Safety Code, or local amendments thereto, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permitholder.
(d) A local fire official, who is also a certified firesafety inspector, who fails to comply with paragraph (b) or paragraph (c) is subject to disciplinary action against his or her certificate under s. 633.216(5)(f).
Like other revisions in proposed house bill 89, this one seems aimed at putting some balance in the relationship between local fire officials and contractors, and requiring appropriate notice to contractors during and after the permitting process.
You can click here to read the full amendment.
You can click on the links below to read our other summaries of HB 89: