Condominium Sprinkler Retrofit Report Issued by DBPR
The Department of Business and Professional Regulation (DBPR) issued its Report to the Governor, President of the Florida Senate and Speaker of the Florida House of Representatives Regarding Costs Associated with Fire Sprinkler Retrofits and the Impact of Retrofitting on Insurance Premiums.
When Florida first adopted the Uniform Fire Code, the administrative code required all high-rise buildings to be protected throughout by an approved, supervised automatic sprinkler system or an engineered life safety system approved by the local Fire Marshall within 12 years of January 1, 2002. The 2003 Florida legislature modified this requirement for high-rise condominiums by adopting SB 592 (now modified further and set forth in Section 718.112(2)(l), Florida Statutes). It allows two-thirds of the unit owners in a condominium to vote for a partial retrofit, rather than a full retrofit of the buildings. The deadline for completion was extended to the end of 2014.
Last year the Florida legislature adopted SB 714, a bill primarily devoted to insurance issues. If the bill would have become law the deadline for condominium associations to retrofit the buildings (or retrofit the common areas with owner approval or implement improvements set forth in an approved Engineered Life Safety System "ELSS") would have been further extended to 2025.
Governor Crist vetoed SB 714 citing safety reasons. He directed the DBPR to study retrofit costs and any impact on insurance premiums. The report contains the following conclusions and recommendations:
- Community association leaders are taxed with immediate needs - "most notably collecting regular assessments and addressing a significant wave of foreclosures". Unit Owners are likely to reject any attempts to impose the costs associated with retrofits.
- Efforts on the part of the Division are necessary to increase awareness of the sprinkler retrofit requirements.
- Insurance discounts resulting from retrofits are insignificant because the discount (if available) does not apply to the windstorm portion of the policy. Moreover, no credits or discounts are required for a partial (common area) sprinkler system. The Division recommended legislative action to provide for insurance discounts.
The report contains several exhibits, including a copy of the results of the CALL survey and a report issued by the Space Coast Communities Association.
Whether your association opt-out, retrofits, implements an ELSS or otherwise, community leaders need to have a plan in place. Please answer the following questions for yourself and for the benefit of the residents of the community:
- Do you have a fire emergency plan?
- Have residents and employees been given full instructions on the details of the plan?
- Can the buildings be evacuated to the street without interfering with emergency personnel?
- How will you handle physically challenged residents evacuation?
- Are all exit doors and exitways clear? Are emergency facilities in place and functional?
Please contact us if your association needs help complying with life safety requirements or developing (and implementing) life and fire safety plans for the community.
Section 718.112(2)(l), Florida Statutes states (in relevant part):
Certificate of compliance.--There shall be a provision that a certificate of compliance from a licensed electrical contractor or electrician may be accepted by the association's board as evidence of compliance of the condominium units with the applicable fire and life safety code. Notwithstanding the provisions of chapter 633 or of any other code, statute, ordinance, administrative rule, or regulation, or any interpretation of the foregoing, an association, condominium, or unit owner is not obligated to retrofit the common elements or units of a residential condominium with a fire sprinkler system or other engineered lifesafety 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 and engineered lifesafety system by the affirmative vote of two-thirds of all voting interests in the affected condominium. However, a condominium association may not vote to forego the retrofitting with a fire sprinkler system of common areas in a high-rise building. For purposes of this subsection, the term "high-rise building" means a building that is greater than 75 feet in height where the building height is measured from the lowest level of fire department access to the floor of the highest occupiable story. For purposes of this subsection, the term "common areas" means any enclosed hallway, corridor, lobby, stairwell, or entryway. In no event shall the local authority having jurisdiction require completion of retrofitting of common areas with a sprinkler system before the end of 2014.
1. A vote to forego retrofitting may be obtained by limited proxy or by a ballot personally cast at a duly called membership meeting, or by execution of a written consent by the member, and shall be effective upon the recording of a certificate attesting to such vote in the public records of the county where the condominium is located. The association shall mail, hand deliver, or electronically transmit to each unit owner written notice at least 14 days prior to such membership meeting in which the vote to forego retrofitting of the required fire sprinkler system is to take place. Within 30 days after the association's opt-out vote, notice of the results of the opt-out vote shall be mailed, hand delivered, or electronically transmitted to all unit owners. Evidence of compliance with this 30-day notice shall be made by an affidavit executed by the person providing the notice and filed among the official records of the association. After such notice is provided to each owner, a copy of such notice shall be provided by the current owner to a new owner prior to closing and shall be provided by a unit owner to a renter prior to signing a lease.
2. As part of the information collected annually from condominiums, the division shall require condominium associations to report the membership vote and recording of a certificate under this subsection and, if retrofitting has been undertaken, the per-unit cost of such work. The division shall annually report to the Division of State Fire Marshal of the Department of Financial Services the number of condominiums that have elected to forego retrofitting.
is there any information regarding the enforcement of elevator codes A17.3 & A17.1 ? we are currently being told to comply at a great cost to our small condo (15 units)
I note that the article states in lines 6&& under Certificate of Compliance that "an association, condominium, or unit owner is not obligated to retrofit the common elements or UNITS OF A RESIDENTIAL CONDOMINIUM with a fire sprinkler system or other engineered lifesafety 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 and engineered lifesafety system by the affirmative vote of two-thirds of all voting interests in the affected condominium." We are a three-story condomium, and we have no lobbies or covered common elements; however, do we need to vote to not retrofit our individual units with sprinklers (all 1-bed units, approx 700 sf)?
I have concerns that the requirement to retrofit elevators to comply with A17.3 & A17.1 are unreasonable and are not applicable if certain conditions are accomplished . See FS 718.112 L,1,2....it seems to clearly say if voted to not do life saftey (elevator)retrofit to elevator, it doesn't have to be done in bldgs over 75 feet.....this implies under 75 feet too?....
An elevator retro for a 5 story is approx $65,000 per elevator. Is there anyone out there that knows how avoid this horrendus expense?
Is it required to put sprinkler heads in common hallway storage lockers?