Fire Sprinkler/ELSS Update for High-Rise Buildings

If you own a unit in a high-rise condominium or manage such condominiums, you are likely aware that the Condominium Act requires that the condominium buildings must be retrofitted with a fire sprinkler system or an engineered life-safety system (ELSS). The Condominium Act provides that the local authority having jurisdiction (AHJ) may not require completion of such system before January 1, 2024.

However, recent amendments to the Florida Fire Prevention Code (“Fire Code”), which are expected to become effective in July 2023, will have the effect of changing the deadlines for the installation of a fire sprinkler system or an engineered life-safety system (ELSS) for high-rise buildings. If the amendments are approved, the Fire Code will provide:

• A high-rise condominium shall decide by January 1, 2024 as to their selection of a fire sprinkler system or an ELSS;

• The selection shall be sent to the local fire code authority having jurisdiction responsible for enforcement of the Fire Code (hereinafter “AHJ”) by February 1, 2025;

• For associations that choose to install a fire sprinkler system:
  • By January 1, 2025, the association shall retain a Florida Registered Professional Engineer to develop the engineered design criteria for the fire sprinkler system and submit the engineered design criteria to the AHJ for review and approval.
  • By January 1, 2026, the association’s fire sprinkler contractor shall have applied for and received a permit for the installation of the fire sprinkler system by the AHJ.
  • The installation of the fire sprinkler system shall be completed, as demonstrated by passing the final inspections of the AHJ by January 1, 2027.

• For associations that choose to install an ELSS:
  • By January 1, 2025, the association shall retain a Florida Registered Professional Engineer to conduct an evaluation of the building to develop an ELSS and submit the ELSS design to the AHJ for review and approval.
  • By January 1, 2026, the association’s contractors shall have applied for and received a permit for the installation of all improvements associated with the ELSS.
  • The installation of the ELSS shall be completed, as demonstrated, by passing the final inspections of the AHJ by January 1, 2027.

Section 718.112(2)(n), Florida Statutes does not impose a specific deadline for installation of a fire sprinkler system or an ELSS. Rather, it states that 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.

The State Fire Marshal and local fire marshals have indicated that they will only enforce the deadlines in the Fire Code. Therefore, the Fire Code amendments will have the effect of extending the deadline for installation of a fire sprinkler system or ELSS. We will continue to monitor this issue and will let you know once the amendments to the Fire Code are approved.