FL Community Association Manager Continuing Education

described in 720.304(2) (a) by property However, all fla gs must be displayed in a respectful manner consistent with the requirements for the United States flag under 36 U.S.C. chapter 10.

36 U.S.C. United States Code, 1994 Edition Title 36 - PATRIOTIC SOCIETIES AND OBSERVANCES

ADDITIONAL INFORMATION AND ACTIONS F.A.C. 69A-3.012, Standards of the National Fire Protection Association and Other Standards Adopted Once the proposed changes are approved, the expected effective date is December 31, 2023. Summary

However, the Florida Fire Code Advisory Committee (the “Committee”) proposed a delay in the implementation of the ELSS in those buildings that have opted out of a full fire sprinkler system. This is a rulemaking process that will be finalized by December 2023, if at all. Before the Committee’s approved changes can be put into law, these rule changes must be approved by the State of Florida, and then, F.S. 718 provisions regarding the ELSS will be in need of amendment as well. Thus far, the Committee has approved amendments to the ELSS requirements, as follows: Proposed Rule - 69A-3.012 Standards of the National Fire Protection Association and Other Standards Adopted. (1) Except as specifically modified by statute or by the State Fire Marshal’s rules, the “Florida Fire Prevention Code, 8th 7th Edition (20232020),” which is comprised of NFPA 101, the Life Safety Code ® , (Florida 20212018 Edition edition) and the Florida specific edition of NFPA 1, the Fire Code, (2021 Florida Edition 2018 edition), are hereby adopted and incorporated by reference and are applicable to those buildings and structures specified in paragraphs (a) and (b), of subsection (1), of Section 633.206, F.S. In addition, the following standards, except as specifically modified in the rule chapters in rule Division 69A, are hereby adopted and incorporated by reference and shall take effect on the effective date of this rule, as a part of the uniform fire safety standards adopted by rule by the State Fire Marshal and are applicable to those buildings and structures specified in Sections 633.206(1)(a) and (b), F.S. Other provisions of the proposal, which if approved will become effective December 2023, include other time frame provisions: For ELSS (Emergency Life Safety Systems): ○ The condominium association must have the ELSS study completed and submitted to the local fire marshal for review by January 1, 2025. ○ Contractors must have applied for and received permits for the installation of the ELSS by January 1, 2026. ○ Installation of the ELSS must be complete and pass all final inspections by the local fire marshal by January 1, 2027. For Fire Sprinkler Systems: ○ The condominium association must have the plans for the installation of the sprinkler system completed and submitted to the local fire marshal for review. ○ Contractors must have applied and received permits for the installation of the fire sprinkler system by January 1, 2026. ○ Installation of the fire sprinkler system must be complete and pass all final inspections by the local fire marshal by January 1, 2027.

By December 31, 2016, a large number of Florida condominium associations had voted to opt out of installing the mandatory sprinkler systems and, instead, opted for the installation of the emergency life safety systems (ELSS), as required by the Florida Fire Prevention Code and F.S. 718. The provision at that time: F.S. 718.112 Bylaws - (2) -- (1) Certificate of compliance - Provided that the local authority having jurisdiction may not require completion of retrofitting with a fire sprinkler

system before January 1, 2020. By December 31, 2016, a residential condominium association that is not in compliance with the requirements for a fire sprinkler system and has not voted to forego retrofitting of such a system must initiate an application for a building permit for the required installation with the local government having jurisdiction demonstrating that the association will become compliant by December 31, 2019.

The statute was amended and currently reads as follows, allowing for the retrofitting before January 1, 2024: F.S. 718.112 Bylaws - (2) -- (n) Firesafety . - An association must ensure compliance with the Florida Fire Prevention

Code. As to a residential condominium building that is a high- rise building as defined under the Florida Fire Prevention Code, the association must retrofit either a fire sprinkler system or an engineered life safety system as specified in the Florida Fire Prevention Code. Notwithstanding chapter 633 or of any other code, statute, ordinance, administrative rule, or regulation, or any interpretation of the foregoing, an association, residential condominium, or unit owner is not obligated to retrofit the common elements, association property, or units of a residential condominium with a fire sprinkler system in a building that has been certified for occupancy by the applicable governmental entity if the unit owners have voted to forego such retrofitting by the affirmative vote of a majority of all voting interests in the affected condominium. The local authority having jurisdiction may not require completion of retrofitting with a fire sprinkler system or an engineered life safety system before January 1, 2024.

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