WE'RE FIGHTING FOR FREEDOM FROM ELSS
Want to opt out of mandatory installation of Sprinklers/ELSS in your Condo?
WE'RE FIGHTING FOR FREEDOM FROM ELSS
Want to opt out of mandatory installation of Sprinklers/ELSS in your Condo?
December 4, 2023
I am updating you on the status of the Engineered Life Safety System (ELSS) as of November 27, 2023.
In January 2023, the Florida Fire Code Advisory Committee proposed changes to the 2024 edition of the Florida Fire Prevention Code. One of the sections they discussed was ELSS. They approved a three-year delay in the implementation until January 1, 2027.
The 2024 edition of the Florida Fire Prevention Code has been published, with the ELSS changes included, as proposed in January. Attached are the pages from the FFPC – the ELSS change starts on the bottom of the first page and continues to the next page.
The delay has three key dates: January 1, 2025, 2026 and 2027. Attached are the pages from the new edition of the FFPC. The effective date is 12/31/2023.
There is no support, interest or desire by members of the state legislature to deal further with ELSS. FACTSS will continue to monitor the ELSS issue, and begin looking at other issues impacting associations, such as insurance rates, funding for owners to help with special assessments, and mandates from the legislature.
Our members have been fighters and leaders on the ELSS issue since 2018 – and many before that. We thank you for your support and look forward to working with you on other association issues in the future.
November 6, 2023
I am updating you on the status of the Engineered Life Safety System (ELSS) as of November 6, 2023. Let me review a little history.
In January 2023, the Florida Fire Code Advisory Committee met to discuss changes to the 2024 edition of the Florida Fire Prevention Code. One of the sections they discussed was ELSS. They approved a three-year delay on implementation until January 1, 2027. The reasoning was to make the implementation date coincide with the Structural Integrity Reserve Study (SIRS) that was enacted in SB-4D.
The original idea was this advisory committee would meet again in July 2023 to consider any additional revisions and then approve the final version, which will be published, local governments notified, and become final on December 31, 2023 – one day before the ELSS statutory deadline of January 1, 2024.
No July meeting was held until October 18. At that meeting, they approved the minutes of the January meeting – thus approving the ELSS proposed-change in the Florida Fire Prevention Code.
Attached is the change to ELSS that was approved, delaying full ELSS implementation until January 1, 2027. This change will now be published as part of rule-making.
If there are any updates, you will receive an email immediately. We will continue to monitor the ELSS issue as we move toward January 1, 2027.
Fred Nesbitt, FACTSS, Sec-Trea
August 28, 2023
I am updating you on the status of the Engineered Life Safety System (ELSS) as of August 28, 2023. Let me review a little history.
In January 2023, the Florida Fire Code Advisory Committee met to discuss changes to update the 2024 edition of the Florida Fire Prevention Code. One of the sections they discussed was ELSS. There were proposals to stay with the original date (January 1, 2024), delay implementation for three years (until January 1, 2027), and delay implementation for six years (until January 1, 2030). Even one idea was to delay implementation until January 1, 2032.
When the advisory committee met, the consensus was to accept a three-year delay until 2027. The reasoning was to make the implementation data coincide with the Structural Integrity Reserve Study (SIRA) that was enacted in SB-4D. Even then, some were opposed to any delay. The draft of the change in implementation dates to 2027 was approved and circulated. The original idea was this advisory committee would meet again in July 2023 to consider any additional revisions and then approve the final version, which will be published, local governments notified, and then it will become final on December 31, 2023 – one day before the ELSS statutory deadline of January 1, 2024.
No July meeting was held nor are any further meetings scheduled as of this date. The word we are getting is no further meetings will take place and the January revision will go through the rulemaking process and be finalized.
Attached is the proposed change to ELSS that was approved in January, 2023, delaying full implementation until January 1, 2027. Click Here for proposed changes
According to our legislative representative, there is no interest or appetite in Tallahassee to approve an ELSS opt-out. The 2022 condo bill and the 2023 amendments passed both houses of the state legislature by unanimous votes. After Surfside, no legislator wants to be the one to sponsor a bill that provides an opt-out, a fire takes place, lives are lost, and they are blamed for these deaths. Too great of a risk.
IF NOTHING CHANGES then you should proceed with the timelines in the proposed rule. An opt-out does not appear to be in our future.
IF SOMETHING CHANGES then we will quickly notify you of these changes by email and on our website at FACTSS.org .
This has been a long and difficult battle. Everyone appreciates your support and efforts for our cause. We have right on our side, but sometimes that isn’t enough, especially when events overtake our position. Remember, we had an opt-out bill approved, but Governor Scott vetoed it right after the London fire. We may have had a chance last year, but the Champlain Towers collapse overtook our position. Interestingly, the legislature passed corrective measures to prevent another collapse, when no one knew (and still don’t know for certain) the cause of the collapse.
If there are any additional updates, you will receive an email immediately. We will continue to monitor the ELSS issue for any actions.
Fred Nesbitt, FACTSS, Sec-Trea
February 6, 2023
I am updating you on the ELSS fire sprinkler issue. We have not been dormant, just not much to report. We continue with Ellyn Bogdanoff as our legislative representative. She has been active and will continue to be active in the upcoming legislative session which runs from March 7 – May 5, 2023. She continues to explore opportunities to provide us with relief on the ELSS-fire sprinkler issue. However, I hope you realize that with the collapse of Champlain Towers and the legislature passing a condo bill last year (SB-4D), there is not much appetite for any further reforms, especially ones dealing with safety. The proponents of the condo bill claim that with its enactment, there will never be another condo collapse like Champlain Towers – even though there is no empirical data to tell us why it collapsed.
We will be doing frequent legislative updates during the session, and may be asking you to send emails or make calls when necessary.
In the meantime, the Florida Fire Code Advisory Committee (FFCAC) has propped a delay in the implementation of the ELSS in those buildings that have opted out of a full fire sprinkler system. Click below to read the proposed change to the Florida Fire Prevention Code. This is a rule-making process that will not be finalized until December 2023. There is one more meeting – and the proposed amendment (attached) could be changed. This proposed amendment underwent two edits – both making implementation sooner than originally proposed.
The Florida Fire Code Advisory Committee recommended that ELSS be implemented between now and 2027. If finalized in July (second hearing), this would replace the December 31, 2023 deadline. The new schedule calls for:
1. By January 1, 2025 – all buildings must have an ELSS study completed and submitted to the fire marshal;
2. By January 1, 2026 – the contractor must have the permits and install the ELSS components;
3. By January 1, 2027 – the ELSS must be installed, and approved by the city and the fire marshal.
This proposed amendment should not change your approach to implementing ELSS. You should proceed with your plans; if there is any legislative change, we will inform you by May 5th. The amendment gives us three additional years to implement ELSS.
Again, please share this information with the interested parties in your association, and we will continue to update you as more information becomes available.
Click here for Proposed Rule Change
Your Resource - Your Voice
FACTSS Is Uniting Condominium Associations Across Florida To Restore Our Self-Determination
FACTSS Is Uniting Condominium Associations Across Florida To Restore Our Self-Determination
FACTSS Is Uniting Condominium Associations Across Florida To Restore Our Self-Determination
FACTSS - Florida Association of Condominiums To Support Self-Determination - is a non-profit membership organization designed to connect you with peers across Florida. We help you share insights, learn from others' experiences, share tips about best practices and keep you up to date on how to address challenges we all face. Right now, w
FACTSS - Florida Association of Condominiums To Support Self-Determination - is a non-profit membership organization designed to connect you with peers across Florida. We help you share insights, learn from others' experiences, share tips about best practices and keep you up to date on how to address challenges we all face. Right now, we all face a BIG one.
The ELSS Requirement
Condominium Associations all over Florida face the compulsory, expensive installation of sprinkler or Engineered Life Safety Systems (ELSS) in their buildings by the end of 2023. FACTSS is bringing together condo associations to fight this regulation and win back the right to choose for ourselves by joining our voices and funds together.
Let’s be clear: the Sprinkler /ELSS requirement is NOT about fire safety. It’s all about money and special interests.
When you join FACTSS, you're taking a positive step to protect your Association from unwarranted restrictions on your rights to self-determination by contributing in a meaningful way to winning back your right to choose whether to install sprinklers/ELSS or not.
You'll stay informed about the morass of costly red tape we all face, meet your peers and exchange valuable tips, and join your voice to others to help make a change
Why ELSS Is Not A Done Deal
FACTSS Is Uniting Condominium Associations Across Florida To Restore Our Self-Determination
FACTSS Is Uniting Condominium Associations Across Florida To Restore Our Self-Determination
Here’s why FACTSS believes we can overturn the mandatory ELSS requirement before the critical deadline in 2023:
- The Bill assuring our right to opt out passed the House UNANIMOUSLY in 2017, with only one dissenter in the Senate. But it was vetoed by the Governor. Now, a new Governor and new Legislature will revisit the issue.
- Over 1 million
Here’s why FACTSS believes we can overturn the mandatory ELSS requirement before the critical deadline in 2023:
- The Bill assuring our right to opt out passed the House UNANIMOUSLY in 2017, with only one dissenter in the Senate. But it was vetoed by the Governor. Now, a new Governor and new Legislature will revisit the issue.
- Over 1 million people live in the 4,337 Condos across Florida that opted out of sprinklers in 2016. We are a powerful force for change in Tallahassee.
- We have engaged Florida’s largest and most renowned Condominium law firm to engage with legislators to address the unfair imposition of unnecessary expenditures on our Residents. No-one knows more about the issues.
- The strategy of building a case and educating the members of the legislature is an important first step. We have the talking points, the right sponsors, and a statewide voice for the first time. The collective voices of the members of FACTSS are an important component in our formula for success.
- We are building a Statewide grassroots campaign and our members are reaching out to their elected representatives to let them know we will be back in Tallahassee for the 2022 Session.
However, the issue MUST be decided by May 2023. You can help achieve a positive result by joining now!
If We Win, You Could Save Over $1,000,000
FACTSS Is Uniting Condominium Associations Across Florida To Restore Our Self-Determination
If We Win, You Could Save Over $1,000,000
In 2016, over 4,300 Florida Condominium Associations, after careful consideration of their own structures – OPTED OUT of having to install sprinkler systems when they were given the choice by the Florida Legislature. But that choice was taken away when Special Interests persuaded the Governor to veto a bill guaranteeing opt-out rights.
Wh
In 2016, over 4,300 Florida Condominium Associations, after careful consideration of their own structures – OPTED OUT of having to install sprinkler systems when they were given the choice by the Florida Legislature. But that choice was taken away when Special Interests persuaded the Governor to veto a bill guaranteeing opt-out rights.
Why Associations Opted Out
There are good reasons why so many Associations chose to opt out. It's estimated that installation of sprinklers/ELSS will cost more than $1 million per high-rise condo building, and sprinklers are not necessarily a good choice for every building. This is a decision that is best made by each Association. Join us in trying to win back your right to choose.
Membership Costs and Benefits
Membership in FACTSS is annual fee of $1,500. Our mission is to educate, communicate and unite our Members in a friendly coalition where we all help each other to produce better outcomes for our Associations. It's also to invest in the marketing, legal and political help we need to overturn the ELSS requirement.
Upon joining, you'll become an automatic member of our Advisory Board. Members get to connect with their peers and share best practices, vendor recommendations, plus insights on how to address a variety of challenges - from what color to paint your building, to hurricane planning procedures, to dealing with ELSS. Members also get the inside scoop on what’s happening with legislative battles so they can make important planning decisions.