LTC 186-2003
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. I!? ;2IJtJ3
m
From:
Mayor David Dermer and Date: August 11, 2003
Members of the City Commission
Jorge M. GOnZalez' r;J"-c....~-
City Manager 0 ~
SPRINKLER AMENDMENT TO THE FLORIDA FIRE PREVENTION CODE
To:
Subject:
This LTC contains a report which clarifies the recent Fire Sprinkler Amendment for
condominiums in the Florida Fire Prevention Code. The report also provides the status of
the number of Miami Beach Condominiums required to retro-fit with a fully functioning
Automatic Sprinkler System, or an approved Engineered Life Safety System prior to the
current amendment to the Florida Fire Prevention Code. If you have any questions
regarding this report, please let me know.
JMG\FJ/dd
"
CITY OF MIAMI BEACH
Fire Department - Fire Prevention Division
Interoffice Memorandum
m
To:
Floyd Jordan
Fire Chief
Sonia Flores Machen, P.E. ~
Fire Marshal
Date: June 24, 2003
From:
Subject: SPRINKLER SYSTEMS IN HIGH-RISE CONDOMINIUMS
As you know, a new law was passed by the legislature making some changes to the
Florida Fire Prevention Code-2001 Edition. This memo provides a summary of the law and
status of the high-rise buildings in the City.
· Senate Bill 592 was signed by the Governor on May 21, 2003. This law amends
Section 718 of the Florida Statutes, which is the chapter dealing with
Condominiums. See attached copy of the amendment.
· The new law requires that an automatic sprinkler must be installed only in the
"common areas" of a high-rise residential condominium. The "common area"
means any enclosed hallway, corridor, lobby, stairwell, or entryway.
· The new law also gives the option to the condo owners (by two-thirds vote) to
forego retrofitting the rest of the building and to forego an engineered life safety
system.
· The deadline for retrofitting the common areas is the end of 2014.
· I will send out a letter to all the building owners/associations explaining the new
law.
· The new law changes the fire protection requirements in the Florida Fire Prevention
Code, which states that all high-rise buildings must be protected by an automatic
sprinkler system or engineered life safety system by the year 2013.
· Out of the total number of high-rise residential condominiums in the City, sixty-two
(62) have to be retroffited:
- 8 buildings have completed the installation of a sprinkler system
- 4 buildings are in the process of installing a sprinkler system
- The remaining 50 owners/associations will have to decide what type of
fire protection they will install their building.
cc: Chief Ed Del Favero
ENROLLED
2003 Legislature
CS for CS for CS for SB S92
1st Engrossed (ntc)
1 well as the operation of the association during the period
2 after a recall but prior to the recall election.
3 fCI) Certificate of compliance.--There shall be a
4 provision that a certificate of compliance from a licensed
S electrical contractor or electrician may be accepted by the
6 association's board as evidence of compliance of the
7 condominium units with to the applicable fire and life safety
8 code. Notwithstanding the provisions of chapter 633 or of any
9 other code, statute, ordinance, administrative rule, or
10 regulation, or any interpretation of the foregoing, an
11 association, condominium, or unit owner is not obligated to
12 retrofit the common elements or units of a residential
13 condominium with a fire sprinkler system or other engineered
14 life safety system in a building that has been certified for
lS occupancy by the applicable governmental entity, if the unit
16 owners have voted to forego such retrofitting and engineered
17 life safety system by the affirmative vote of two-thirds of
18 all voting interests in the affected condominium. However, a
19 condominium association may not vote to forego the
20 retrofitting with a fire sprinkler system of common areas in a
21 high-rise building. For purposes of this subsection, the term
22 "hi h-rise buildin .. means a buildin that is reater than 7S
23 feet in height where the building height is measured from the
24 lowest level of fire department access to the floor of the
25 highest occupiable story. For purposes of this subsection, the
26 term "common areas" means any enclosed hallway, corridor,
27 lobby, stairwell, or entryway. In no event shall the local
28 authority having jurisdiction require completion of
29 retrofitting of common areas with a sprinkler system before
30 the end of 2014.
31
32
CODING:Words st~i~keh are deletions; words underlined are additions.
ENROLLED
2003 Legislature
CS for CS for CS for SB 592
1st Engrossed (ntc)
1 1. A vote to forego retrofitting may not be obtained
2 by general proxy or limited proxy, but shall be obtained by a
3 vote personally cast at a duly called membership meeting, or
4 by execution of a written consent by the member, and shall be
5 effective upon the recording of a certificate attesting to
6 such vote in the public records of the county where the
7 condominium is located. The association shall provide each
8 unit owner written notice of the vote to forego retrofitting
9 of the required fire sprinkler system, in at least 16-point
10 bold type, by certified mail, within 20 days after the
11 association's vote. After such notice is provided to each
12 owner, a copy of such notice shall be provided by the current
13 owner to a new owner prior to closing and shall be provided by
14 a unit owner to a renter prior to signing a lease.
15 2. As part of the information collected annually from
16 condominiums, the division shall require condominium
17 associations to report the membership vote and recording of a
18 certificate under this subsection and, if retrofitting has
19 been undertaken, the per-unit cost of such work. The division
20 shall annually report to the Division of State Fire Marshal of
21 the Department of Financial Services the number of
22 condominiums that have elected to forego retrofitting.
23 (3) OPTIONAL PROVISIONS.--The bylaws as originally
24 recorded or as amended under the procedures provided therein
25 may provide for the following:
26 (a) A method of adopting and amending administrative
27 rules and regulations governing the details of the operation
28 and use of the common elements.
29 (b) Restrictions on and requirements for the use,
30 maintenance, and appearance of the units and the use of the
31 common elements.
33
CODING:Words stliG~eh are deletions; words underlined are additions.
"
ENROLLED
2003 Legislature
CS for CS for CS for SB 592
1st Engrossed (ntc)
1 (c) Provisions for giving notice by electronic
2 transmission in a manner authorized by law of meetings of the
3 board of directors and committees and of annual and special
4 meetings of the members.
5 (d}+eT Other provisions which are not inconsistent
6 with this chapter or with the declaration, as may be desired.
7 Section 6. Subsection (5) is added to section
8 719.1055, Florida Statutes, to read:
9 719.1055 Amendment of cooperative documents;
10 alteration and acquisition of property.--
11 (5) Notwithstanding the provisions of chapter 633 or
12 of any other code statute, ordinance, administrative rule, or
13 regulation, or any interpretation of the foregoing, a
14 cooperative or unit owner is not obligated to retrofit the
15 common elements or units of a residential cooperative with a
16 fire sprinkler system or other engineered life safety system
17 in a building that has been certified for occupancy by the
18 applicable governmental entity, if the unit owners have voted
19 to forego such retrofitting and engineered life safety system
20 by the affirmative vote of two-thirds of all voting interests
21 in the affected cooperative. However, a cooperative may not
22 forego the retrofitting with a fire sprinkler system of common
23 areas in a high-rise building. For purposes of this
24 subsection, the term "high-rise building" means a building
25 that is greater than 75 feet in height where the building
26 height is measured from the lowest level of fire department
27 access to the floor of the highest occupiable story. For
28 purposes of this subsection, the term "common areas" means any
29 enclosed hallway, corridor, lobby, stairwell, or entryway. In
30 no event shall the local authority having jurisdiction require
31
34
CODING:Words strick~l. are deletions; words underlined are additions.
,.
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ENROLLED
2003 Legislature
CS for CS for CS for sa 592
1st Engrossed (ntc)
1 completion of retrofitting of common areas with a sprinkler
2 system before the end of 2014.
3 (a) A vote to forego retrofitting may not be obtained
4 by general proxy or limited proxy, but shall be obtained by a
5 vote personally cast at a duly called membership meeting, or
6 by execution of a written consent by the member, and shall be
7 effective upon the recording of a certificate attesting to
8 such vote in the public records of the county where the
9 cooperative is located. The association shall provide each
10 unit owner written notice of the vote to forego retrofitting
11 of the required fire sprinkler system, in at least 16-point
12 bold type, by certified mail, within 20 days after the
13 association's vote. After such notice is provided to each
14 owner, a copy of such notice shall be provided by the current
15 owner to a new owner prior to closing and shall be provided by
16 a unit owner to a renter prior to signing a lease.
17 (b) As part of the information collected annually from
18 cooperatives, the division shall require associations to
19 report the membership vote and recording of a certificate
20 under this subsection and, if retrofitting has been
21 undertaken, the per-unit cost of such work. The division shall
22 annually report to the Division of State Fire Marshal of the
23 Department of Financial Services the number of cooperatives
24 that have elected to forego retrofitting.
25 Section 7. Subsection (8) of section 718.116, Florida
26 Statutes, is amended to read:
27 718.116 Assessments; liability; lien and priority;
28 interest; collection.--
29 (8) Within 15 days after receiving a written request
30 therefor from a unit owner purchaser, or mortgagee, the
31 association shall provide a certificate signed by an officer
35
CODING:Words strickel! are deletions; words underlined are additions.
,
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MIAMI BEACH FIRE DEPARTMENT
Fire Chief's Office
Memorandum
To:
Date: 06/23/2003
From:
Subject: Amendment to Florida Fire Prevention Code
Reference: Sprinkler Systems in Condominiums
The attached report developed by Fire Marshal Sonia Machen clarifies the Condominium
Sprinkler Amendment to the Florida Fire Prevention Code. The report also provides the
status ofthe number of Miami Beach Condominiums required to provide sprinkler retro-fits
prior to the current amendment to the Florida Code. I have also prepared for your review
and consideration a letter to the Commission on this subject. If you have any questions, let me
know.
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I Z :C Wd B- ~n~ CO
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2300 Pine Tree Drive Miami Beach, FL 33140
Phone: (305) 673-7120 - Fax: (305) 673-7881