HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 327 Fire Sprinkler System Projects
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, Bell
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform & Economic Development 11 Y, 0 N, As CS Thompson Anstead
Subcommittee
2) Commerce Committee 20 Y, 0 N, As CS Thompson Hamon
SUMMARY ANALYSIS
Florida’s fire prevention and control law, ch. 633, F.S., requires the State Fire Marshal to adopt the Florida Fire
Prevention Code (Fire Code). The Fire Code sets forth fire safety standards (including certain national codes)
for buildings and structures. The State Fire Marshall adopts a new edition of the Fire Code every three years.
All municipalities, counties, and special districts with fire safety responsibilities must enforce the Fire Code to
operate uniformly among local governments and in conjunction with the Florida Building Code.
The State Fire Marshal licenses and regulates fire protection system contractors in the state. Currently, a
Contractor I or II may design:
New fire protection systems of 49 or fewer sprinklers;
An alteration of existing fire sprinkler systems regardless of size if the alteration consists of the
relocation, addition, or deletion of no more than 49 sprinklers; or
An alteration of an existing fire sprinkler system if the alteration consists of the relocation or deletion of
249 or fewer sprinklers.
The bill provides that a Contractor I or II may design the alteration of an existing fire sprinkler system if the
alteration consists of the relocation or deletion of 249 or fewer sprinklers, and the addition of 49 sprinklers, as
long as the cumulative total number of fire sprinklers being added, relocated, or deleted does not exceed 249.
Local building code enforcement agencies are responsible for permitting fire alarm system projects. An
electrical or alarm system contractor cannot install or replace a fire alarm until they obtain a Uniform Fire Alarm
Permit. Current law authorizes an expedited permitting process for certain fire alarm system projects that alter
a total of 20 or fewer initiating devices. However, the expedited permitting process does not include projects
that involve changes to fire sprinkler systems.
The bill creates an expedited permitting process for certain “fire sprinkler system projects,” similar to the
current process for fire alarm system projects, and prohibits local enforcement agencies from requiring a fire
protection system contractor to submit plans to obtain a building permit for a fire sprinkler system project, as
defined in the bill.
This expedited process would allow a fire protection system contractor to start work on such fire system
projects without first obtaining a standard permit, and instead obtain an expedited permit electronically.
The bill also requires such contractors to maintain a copy of plans and specifications at the worksite, similar to
the requirements for alarm system projects.
The bill does not appear to have a fiscal impact on state or local government.
The bill provides for an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0327c.COM
DATE: 3/8/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
State Fire Marshal
Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as
the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal (Division)
located 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. DFS has the responsibility to minimize
the loss of life and property in this state due to fire.1 Pursuant to this authority, the State Fire Marshal
regulates, trains, and certifies fire service personnel and fire safety inspectors; investigates the causes
of fires; enforces arson laws; regulates the installation of fire equipment; conducts fire safety
inspections of state property; and operates the Florida State Fire College.
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Prevention 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, and the
enforcement of such fire safety laws and rules.2
The State Fire Marshall adopts a new edition of the Fire Prevention Code every three years. When
adopting a new edition of the Fire Prevention Code, the State Fire Marshal must adopt the most recent
version of the National Fire Protection Association (NFPA) Standard 1, Fire Prevention Code, and the
NFPA 101 Life Safety Code.3
State law requires all municipalities, counties, and special districts with fire safety responsibilities to
enforce the Fire Prevention Code as the minimum fire prevention code to operate uniformly among
local governments and in conjunction with the Florida Building Code.4 Each county, municipality, and
special district with fire safety enforcement responsibilities must employ or contract with a fire safety
inspector (certified by the State Fire Marshal) to conduct all fire safety inspections required by law.
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida’s minimum standards were met. Local governments could
choose from four separate model codes. The state’s role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired.5
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. In 1998, the Legislature adopted the study commission’s
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. In 2000, the Legislature authorized implementation of the Florida Building
1 S. 633.104, F.S.
2 S. 633.202(1) and (2), F.S.
3 Id. The NFPA is the National Fire Protection Association. Founded in 1896, the NFPA delivers information and knowledge through
no more than 300 consensus codes and standards, research, training, education, outreach and advocacy. NFPA, About NFPA,
https://www.nfpa.org/about-nfpa (last visited Feb. 13, 2023).
4 The Florida Building Code is the statewide building code for all construction in the state. Every local government must enfor ce the
Florida Building Code and issue building permits. See generally ch. 553, F.S.
5 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_ Rpt_rev2.pdf (last visited Feb. 13, 2023).
STORAGE NAME: h0327c.COM PAGE: 2
DATE: 3/8/2023
Code (Building Code), and that first edition replaced all local codes on March 1, 2002. 6 The current
edition of the Building Code is the seventh edition, which is referred to as the 2020 Florida Building
Code.7
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent
of the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Building Code must be applied, administered,
and enforced uniformly and consistently from jurisdiction to jurisdiction. 8
The Florida Building Commission (Commission) was statutorily created to implement the Building
Code. The Commission, which is housed within the Department of Business and Professional
Regulation (DBPR), is a 19-member technical body made up of design professionals, contractors, and
government experts in various disciplines covered by the Building Code. The Commission reviews
several International Codes published by the International Code Council,9 the National Electric Code,
and other nationally adopted model codes to determine if the Building Code needs to be updated and
adopts an updated Building Code every three years. 10
Enforcement of the Florida Building Code
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. 11
Every local government must enforce the Building Code and issue building permits. 12
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency. 13
To obtain a building permit an applicant must complete an application for the proposed work on the
form furnished by the government entity.14 A local government that issues building permits must post
each type of building permit application on its website. 15
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity.16 A building official is a local government employee or a person
contracted by a government entity who supervises building code activities, including plans review,
enforcement, and inspection.17
Any construction work that requires a building permit also requires building plans and inspections by
the building official to ensure the work complies with the Building Code. 18 Generally speaking, a
permitted project that passes the required inspections is considered completed or closed. 19
6 Id.
7 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 13, 2023).
8 See s. 553.72(1), F.S.
9 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 13, 2023).
10 Ss. 553.73, and 553.74, F.S.
11 S. 553.72, F.S.
12 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
13 See ss. 125.56(4)(a) and 553.79(1), F.S.
14 S. 713.135(5) and (6), F.S.
15 Ss. 125.56(4)(b) and 553.79(1), F.S.
16 S. 468.603(2), F.S; S. 202, Seventh edition, Florida Building Code (Building).
17 Id.
18 Ss. 107, 110.1, and 110.3, Seventh edition, Florida Building Code (Building).
19 Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department,
Building Division, http://discover.pbcgov.org/pzb/building/BuildingCodes/PBO-
126%20%E2%80%93%20Closing%20Inactive%20and%20Excluded%20Building%20Permits.pdf (last visited Feb. 13, 2023).
STORAGE NAME: h0327c.COM PAGE: 3
DATE: 3/8/2023
Uniform Fire Alarm Permit
Fire protection systems, including fire alarms, must be installed, repaired, operated, and maintained in
accordance with the Fire Prevention Code and the Building Code. 20
An electrical or alarm system contractor must file a uniform fire alarm permit application with a local
government in order to obtain a fire alarm permit.21
The uniform fire alarm permit application must include the following information:22
The name and address of the owner of the property;
The name, address, and license number of the contractor;
A description sufficient to identify the property to be improved, including the property’s address
and legal description;
A description of the work being performed; and
The owner and contractor’s signature.
An electrical or alarm system contractor cannot install or replace a fire alarm until they obtain a fire
alarm permit. However, an electrical or alarm system contractor may make repairs on a fire alarm
without a fire alarm permit, as long as they have applied for the permit.23
Time-Period to Review Building Permit Applications
Current law requires local governments to review the following building permit applications within a
specific time-period of receiving the applications:24
Accessory structure;
Alarm permit;
Nonresidential buildings less than 25,000 square feet;
Electric;
Irrigation permit;
Landscaping;
Mechanical;
Plumbing;
Residential units other than a single family unit;
Multifamily residential not exceeding 50 units;
Roofing;
Signs;
Site-plan approvals and subdivision plats not requiring public hearings or public notice; and
Lot grading and site alteration associated with a permit application.
When a local government receives an application for one of the above building permits, it must: 25
Inform the applicant within 10 days of receiving the application, what information, if any, is
needed to complete the application.
o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
Notify the applicant within 45 days of the application being deemed complete if additional
information is necessary to determine the sufficiency of the application;
20 Ss. 202 and 901.2, Seventh edition, Florida Building Code (Building).
21 S. 553.7921(1); Ch. 19-140, Laws of Fla.
22 S. 553.7921(3), F.S.
23 S. 553.7921(1) and (2), F.S.
24 S. 553.792(2), F.S.
25 S. 553.792(1)(a), F.S.
STORAGE NAME: h0327c.COM PAGE: 4
DATE: 3/8/2023
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government or request
that the local government act on the application without the additional information.
Approve, approve with conditions, or deny the application within 120 days following receipt of
the completed application.
o This period is tolled during the time an applicant is responding to a request for additional
information and may be extended by mutual consent of the parties.
If a local government fails to meet one of the deadlines, it must reduce the building permit fee by ten
percent for each business day that it fails to meet the deadline. Each ten percent reduction is based on
the original amount of the building permit fee, unless the parties agree to an extension of time. 26
Over-the-Counter Permits
Generally, over-the-counter permits are building permits that need minimal or no plans reviewed by the
local building official. However, an applicant must still fill out an application, and inspections are still
required to close or complete the permit. Local government officials typically determine what types of
permits qualify as over-the-counter permits for their jurisdictions. Over-the-counter permits can be
issued in person or online depending on the jurisdiction. 27
Typically, an application for a permit must include building plans. A local enforcing agency may not
issue a permit until the building official or plans examiner has reviewed the building plans and
determined that they comply with the Building Code, unless the project is not required to have plans
reviewed by the local building official.28
Permits for the following projects are not required to have plans reviewed by the local building official: 29
Replacing existing equipment such as mechanical units, water heaters, etc.
Reroofs.
Minor electrical, plumbing and mechanical repairs.
Annual maintenance permits.
Prototype plans:
o Except for local site adaptions, siding, foundations and/or modifications, and structures
that require a waiver.
Manufactured buildings except for foundations and modifications of buildings on site.
Fire Alarm System Projects
Current law provides an expedited permitting process for certain fire alarm system