Pursuant to section 633.218(1), F.S., it is the duty of the State Fire Marshal to inspect each state-owned building on a recurring basis to ascertain and cause to be corrected any conditions liable to cause fire or endanger ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-52.003Application

69A-52.004Fees

PURPOSE AND EFFECT: Pursuant to section 633.218(1), F.S., it is the duty of the State Fire Marshal to inspect each state-owned building on a recurring basis to ascertain and cause to be corrected any conditions liable to cause fire or endanger life from fire and any violation of the firesafety standards for state-owned buildings. Section 633.218(5), F.S., requires the Division of State Fire Marshal (Division) to provide by rule a schedule of fees to pay for the costs of the inspections of state-owned buildings and premises, any firesafety review or plans for proposed construction, renovations, or occupancy, and related administrative expenses. This rulemaking sets incorporates forms to request the plans reviews and building inspections. The rulemaking also clarifies what the inspection fees pay for and when they must be paid, among other required updates.

SUMMARY: The proposed amendments will update the process for requesting inspections of state-owned buildings for compliance with the Florida Fire Prevention Code and methods of calculating and charging fees to inspect state-owned buildings.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic review for this rulemaking.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 633.104, 633.218 FS.

LAW IMPLEMENTED: 633.104, 633.218 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Morgan White, Plans Review Section Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 E. Gaines Street, Tallahassee, Florida 32399-0342, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-52.003 State Fire Marshal Responsibilities for State Buildings and Premises; Plans Review and Building Site Inspections Application.

(1) The State Legislature mandates that the State Fire Marshal shall perform a review of plans pursuant to section 633.218, F.S., and perform inspections in accordance with 69A-3.011, F.A.C., the following functions for the which fees established by Rule Chapter 69A-52.004, F.A.C. shall be charged:

(1) Inspect each state-owned building on a recurring basis, as defined in Rule 69A-3.011, F.A.C., and inspect high-hazard state-owned occupancies at least annually for compliance with applicable firesafety standards for state-owned buildings.

(2) Perform tests on all components of any electronic fire warning system, smoke detection system and any pressurized air-handling unit.

(3) Inspect any new, renovated, alteration or change of occupancy of any existing state-owned or state-leased building.

(4) Review plans for all new construction, renovation, alteration, or change of occupancy of any existing state-owned or state-leased building.

(2) (5) A request to review plans pursuant to section 633.218, F.S., must shall be submitted electronically on Form DFS-K3-1973, “Bureau of Fire Prevention Online Portal – Plans Review,” eff. MM/YY, which is incorporated by reference and is available “Application for Plans Review,” rev. 03/12, adopted herein and incorporated by reference through the online portal for The Bureau of Fire Prevention Plans Review Section at https://www.citizenserve.com/120/CAPFor120 and at https://www.flrules.org/gateway/reference.asp?NO=Ref-____. A request for plans review may also be submitted on the Form DFS-K3-1973, “Bureau of Fire Prevention Online Portal – Plans Review,” by mailing the form to 200 East Gaines Street, Tallahassee, Florida, 32399 ATTN: State Fire Marshal Plans Review Unit.

(3) (6) A request for a building site inspection must shall be submitted on Form DFS-K3-1528, “Request for Building Site Inspection,” eff. MM/YY rev. 03/12, which is adopted herein and incorporated by reference and available at https://www.flrules.org/gateway/reference.asp?NO=Ref-____,  and https://www.myfloridacfo.com/division/sfm/bfst/Documents/DSFMFORMS.pdf.

Rulemaking Authority 633.104, 633.218 FS. Law Implemented 633.218 FS. History–New 6-18-91, Amended 9-6-01, Formerly 4A-52.003, Amended 11-22-09,__________.

 

69A-52.004 Fees

(1) Review of plans for all new construction, renovations, alterations, or changes of occupancy.

(a)1. The plans review fee for all new construction, renovations, alterations, or changes of occupancy for state-owned and state-leased buildings will shall be computed by multiplying the estimated cost of construction by .0025.

2. through 3. No change. 

(b)1. The plans review fees set forth in paragraph (1)(a) of this rule, include includes 3 inspections or site visits on construction projects or new buildings to verify compliance with the Florida Fire Prevention Code and construction requirements.

a. When applicable, one mandatory site visit to observe the inspection on the underground fire protection main. This site visit is to occur prior to cover-up; and,

b. One optional inspection, conducted at the discretion of the State Fire Marshal’s Plans Review Section or Firesafety Inspection, to occur prior to close-in of the building. In considering whether to conduct an optional inspection, the section shall apply the following:

(I) The complexity of construction.

(II) Whether a fire alarm system has been installed.

(III) Whether a sprinkler system has been installed.

(IV) Whether other required fire protection systems have been installed; and,

c. One mandatory inspection to occur prior to occupancy of the building.

(c) Plans review fees must be paid in full by the lessor, design professional, or state agency within 90 calendar days of completion of the plans review.

(2) Firesafety inspections on construction projects or new buildings.

(a)2. The State Fire Marshal or his or her designee shall be the final authority as to when the building meets firesafety standards for occupancy or completion.

(b)(c) If a firesafety inspection reveals a violation of the Florida Fire Prevention Code, additional inspections will be required until the violation is resolved. Additional inspections required after an initial re-inspection of the same violation or a failed inspection on the same inspection item shall as a result of code violations found during the final inspection shall be billed at the rate of $65 per hour, per inspector (portal to portal), plus expenses.

(d) Plans review fees shall be paid in full by the lessor, design professional, or state agency within 90 calendar days of completion of the plans review before the review process begins. All plans review fees are payable to “Department of Financial Services.”

(3)(2) Firesafety inspections on existing buildings.

(a) The fee for recurring or annual firesafety inspections for state-owned buildings is computed by multiplying the total value of all of the state agency’s buildings building, as reported by the Division of Risk Management for coverage in the state’s property self-insurance program, by .0002. This fee includes any additional inspection or inspections that may be necessary to help ensure compliance with the Fire Prevention Code. The minimum fee for each inspection is $100 per building.

(b)1. The Division of State Fire Marshal will shall bill annual fire inspection fees by September 1 of each year.

2. through 4. No change.

(c) If a firesafety inspection reveals a violation of the Florida Fire Prevention Code, additional inspections will be required until the violation is resolved. Additional inspections required after an initial re-inspection of the same violation shall be billed at the rate of $65 per hour, per inspector (portal to portal), plus expenses.

(4) All fees owed pursuant to this Rule are payable to “Department of Financial Services.”

 

Rulemaking Authority 633.104, 633.218(5) FS. Law Implemented 633.104(1), 633.218(5) FS. History–New 6-18-91, Amended 10-20-93, 9-6-01, Formerly 4A-52.004, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Gatlin, Chief, Bureau of Fire Prevention

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 11, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 20, 2020