HB 331

1
A bill to be entitled
2An act relating to firesafety; amending s. 633.01, F.S.;
3revising the rulemaking authority and responsibilities of
4the State Fire Marshal relating to educational and
5ancillary plants; amending s. 633.021, F.S.; revising the
6definition of the term "firesafety inspector"; amending s.
7633.081, F.S.; revising requirements and procedures for
8inspections of buildings and equipment; abolishing special
9state firesafety inspector classifications and
10certifications; providing criteria, procedures, and
11requirements for special state firesafety inspectors to be
12certified as firesafety inspectors; amending s. 1013.12,
13F.S.; revising procedures and requirements for certain
14standards and inspection of educational property;
15providing procedures, criteria, and requirements for
16inspections of charter schools; providing reporting
17requirements; revising requirements for inspections of
18public postsecondary education facilities; deleting a
19provision requiring that the State Fire Marshal publish an
20annual report; amending s. 1013.371, F.S.; revising
21firesafety inspection requirements for educational
22institution boards to conform to certain codes; revising
23certain code enforcement authority of such boards;
24amending s. 1013.38, F.S.; requiring educational
25institution boards to submit certain facility site plans
26to certain local governmental entities for review;
27authorizing such entities to review site plans for
28compliance with certain provisions of the Florida Fire
29Prevention Code; specifying that site plans are not
30subject to local ordinances or local amendments to the
31Florida Fire Prevention Code; providing criteria for
32approving site plans and correcting firesafety compliance
33deficiencies; providing for referral of disputes to the
34State Fire Marshal; authorizing such boards to use certain
35firesafety inspectors for certain compliance reviews;
36imposing additional requirements for such boards relating
37to construction, renovation, or remodeling of educational
38facilities; providing an effective date.
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Subsection (7) of section 633.01, Florida
43Statutes, is amended to read:
44     633.01  State Fire Marshal; powers and duties; rules.-
45     (7)  The State Fire Marshal, in consultation with the
46Department of Education, shall adopt and administer rules
47prescribing standards for the safety and health of occupants of
48educational and ancillary facilities pursuant to ss. 633.022,
491013.12, 1013.37, and 1013.371. In addition, in any county that
50does not employ or appoint a firesafety inspector certified
51under s. 633.081 local fire official, the State Fire Marshal
52shall assume the duties of the local county, municipality, or
53independent special fire control district as defined in s.
54191.003 fire official with respect to firesafety inspections of
55educational property required under s. 1013.12(3)(b), and the
56State Fire Marshal may take necessary corrective action as
57authorized under s. 1013.12(7)(6).
58     Section 2.  Subsection (11) of section 633.021, Florida
59Statutes, is amended to read:
60     633.021  Definitions.-As used in this chapter:
61     (11)  A "firesafety inspector" is an individual certified
62by the State Fire Marshal under s. 633.081 who is officially
63assigned the duties of conducting firesafety inspections of
64buildings and facilities on a recurring or regular basis on
65behalf of the state or any county, municipality, or special
66district with firesafety responsibilities.
67     Section 3.  Section 633.081, Florida Statutes, is amended
68to read:
69     633.081  Inspection of buildings and equipment; orders;
70firesafety inspection training requirements; certification;
71disciplinary action.-The State Fire Marshal and her or his
72agents shall, at any reasonable hour, when the State Fire
73Marshal has reasonable cause to believe that a violation of this
74chapter or s. 509.215, or a rule promulgated thereunder, or a
75minimum firesafety code adopted by the State Fire Marshal or a
76local authority, may exist, inspect any and all buildings and
77structures which are subject to the requirements of this chapter
78or s. 509.215 and rules promulgated thereunder. The authority to
79inspect shall extend to all equipment, vehicles, and chemicals
80which are located on or within the premises of any such building
81or structure.
82     (1)  Each county, municipality, and special district that
83has firesafety enforcement responsibilities shall employ or
84contract with a firesafety inspector. Except as provided in s.
85633.082(2), the firesafety inspector must conduct all firesafety
86inspections that are required by law. The governing body of a
87county, municipality, or special district that has firesafety
88enforcement responsibilities may provide a schedule of fees to
89pay only the costs of inspections conducted pursuant to this
90subsection and related administrative expenses. Two or more
91counties, municipalities, or special districts that have
92firesafety enforcement responsibilities may jointly employ or
93contract with a firesafety inspector.
94     (2)  Except as provided in s. 633.082(2), every firesafety
95inspection conducted pursuant to state or local firesafety
96requirements shall be by a person certified as having met the
97inspection training requirements set by the State Fire Marshal.
98Such person shall:
99     (a)  Be a high school graduate or the equivalent as
100determined by the department;
101     (b)  Not have been found guilty of, or having pleaded
102guilty or nolo contendere to, a felony or a crime punishable by
103imprisonment of 1 year or more under the law of the United
104States, or of any state thereof, which involves moral turpitude,
105without regard to whether a judgment of conviction has been
106entered by the court having jurisdiction of such cases;
107     (c)  Have her or his fingerprints on file with the
108department or with an agency designated by the department;
109     (d)  Have good moral character as determined by the
110department;
111     (e)  Be at least 18 years of age;
112     (f)  Have satisfactorily completed the firesafety inspector
113certification examination as prescribed by the department; and
114     (g)1.  Have satisfactorily completed, as determined by the
115department, a firesafety inspector training program of not less
116than 200 hours established by the department and administered by
117agencies and institutions approved by the department for the
118purpose of providing basic certification training for firesafety
119inspectors; or
120     2.  Have received in another state training which is
121determined by the department to be at least equivalent to that
122required by the department for approved firesafety inspector
123education and training programs in this state.
124     (3)(a)1.  Effective July 1, 2013, the classification of
125special state firesafety inspector is abolished and all special
126state firesafety inspector certifications shall expire at
127midnight June 30, 2013.
128     2.  Any person who is a special state firesafety inspector
129on June 30, 2013, and who has failed to comply with paragraph
130(b) or paragraph (c) may not perform any firesafety inspection
131required by law.
132     3.  A special state firesafety inspector certificate may
133not be issued after June 30, 2011.
134     (b)1.  Any person who is a special state firesafety
135inspector on July 1, 2011, and who has at least 5 years of
136experience as a special state firesafety inspector as of July 1,
1372011, may take the firesafety inspection examination as provided
138in paragraph (2)(f) for firesafety inspectors before July 1,
1392013, to be certified as a firesafety inspector under this
140section.
141     2.  Upon passing the examination, the person shall be
142certified as a firesafety inspector as provided in this section.
143     3.  A person who fails to become certified must comply with
144paragraph (c) to be certified as a firesafety inspector under
145this section.
146     (c)1.  To be certified as a firesafety inspector under this
147section, any person who:
148     a.  Is a special state firesafety inspector on July 1,
1492011, and who does not have 5 years of experience as a special
150state firesafety inspector as of July 1, 2011; or
151     b.  Has 5 years of experience as a special state firesafety
152inspector but has failed the examination taken as provided in
153paragraph (2)(f),
154
155must take an additional 80 hours of the courses described in
156paragraph (2)(g).
157     2.  After successfully completing the courses described in
158this paragraph, such person may take the firesafety inspection
159examination as provided in paragraph (2)(f), if such examination
160is taken before July 1, 2013.
161     3.  Upon passing the examination, the person shall be
162certified as a firesafety inspector as provided in this section.
163     4.  A person who fails the course of study or the
164examination described in this paragraph may not perform any
165firesafety inspection required by law on or after July 1, 2013.
166Each special state firesafety inspection which is required by
167law and is conducted by or on behalf of an agency of the state
168must be performed by an individual who has met the provision of
169subsection (2), except that the duration of the training program
170shall not exceed 120 hours of specific training for the type of
171property that such special state firesafety inspectors are
172assigned to inspect.
173     (4)  A firefighter certified pursuant to s. 633.35 may
174conduct firesafety inspections, under the supervision of a
175certified firesafety inspector, while on duty as a member of a
176fire department company conducting inservice firesafety
177inspections without being certified as a firesafety inspector,
178if such firefighter has satisfactorily completed an inservice
179fire department company inspector training program of at least
18024 hours' duration as provided by rule of the department.
181     (5)  Every firesafety inspector or special state firesafety
182inspector certificate is valid for a period of 3 years from the
183date of issuance. Renewal of certification is shall be subject
184to the affected person's completing proper application for
185renewal and meeting all of the requirements for renewal as
186established under this chapter or by rule adopted under this
187chapter promulgated thereunder, which shall include completion
188of at least 40 hours during the preceding 3-year period of
189continuing education as required by the rule of the department
190or, in lieu thereof, successful passage of an examination as
191established by the department.
192     (6)  The State Fire Marshal may deny, refuse to renew,
193suspend, or revoke the certificate of a firesafety inspector or
194special state firesafety inspector if the State Fire Marshal it
195finds that any of the following grounds exist:
196     (a)  Any cause for which issuance of a certificate could
197have been refused had it then existed and been known to the
198State Fire Marshal.
199     (b)  Violation of this chapter or any rule or order of the
200State Fire Marshal.
201     (c)  Falsification of records relating to the certificate.
202     (d)  Having been found guilty of or having pleaded guilty
203or nolo contendere to a felony, whether or not a judgment of
204conviction has been entered.
205     (e)  Failure to meet any of the renewal requirements.
206     (f)  Having been convicted of a crime in any jurisdiction
207which directly relates to the practice of fire code inspection,
208plan review, or administration.
209     (g)  Making or filing a report or record that the
210certificateholder knows to be false, or knowingly inducing
211another to file a false report or record, or knowingly failing
212to file a report or record required by state or local law, or
213knowingly impeding or obstructing such filing, or knowingly
214inducing another person to impede or obstruct such filing.
215     (h)  Failing to properly enforce applicable fire codes or
216permit requirements within this state which the
217certificateholder knows are applicable by committing willful
218misconduct, gross negligence, gross misconduct, repeated
219negligence, or negligence resulting in a significant danger to
220life or property.
221     (i)  Accepting labor, services, or materials at no charge
222or at a noncompetitive rate from any person who performs work
223that is under the enforcement authority of the certificateholder
224and who is not an immediate family member of the
225certificateholder. For the purpose of this paragraph, the term
226"immediate family member" means a spouse, child, parent,
227sibling, grandparent, aunt, uncle, or first cousin of the person
228or the person's spouse or any person who resides in the primary
229residence of the certificateholder.
230     (7)  The Division of State Fire Marshal and the Florida
231Building Code Administrators and Inspectors Board, established
232pursuant to s. 468.605, shall enter into a reciprocity agreement
233to facilitate joint recognition of continuing education
234recertification hours for certificateholders licensed under s.
235468.609 and firesafety inspectors certified under subsection
236(2).
237     (8)  The State Fire Marshal shall develop by rule an
238advanced training and certification program for firesafety
239inspectors having fire code management responsibilities. The
240program must be consistent with the appropriate provisions of
241NFPA 1037, or similar standards adopted by the division, and
242establish minimum training, education, and experience levels for
243firesafety inspectors having fire code management
244responsibilities.
245     (9)  The department shall provide by rule for the
246certification of firesafety inspectors.
247     Section 4.  Section 1013.12, Florida Statutes, is amended
248to read:
249     1013.12  Casualty, safety, sanitation, and firesafety
250standards and inspection of property.-
251     (1)  FIRESAFETY.-The State Board of Education shall adopt
252and administer rules prescribing standards for the safety and
253health of occupants of educational and ancillary plants as a
254part of State Requirements for Educational Facilities or the
255Florida Building Code for educational facilities construction as
256provided in s. 1013.37, except that the State Fire Marshal in
257consultation with the Department of Education shall adopt
258uniform firesafety standards for educational and ancillary
259plants and educational facilities, as provided in s.
260633.022(1)(b), and a firesafety evaluation system to be used as
261an alternate firesafety inspection standard for existing
262educational and ancillary plants and educational facilities. The
263uniform firesafety standards and the alternate firesafety
264evaluation system shall be administered and enforced by local
265fire officials certified by the State Fire Marshal under s.
266633.081. These standards must be used by all public agencies
267when inspecting public educational and ancillary plants, and the
268firesafety standards must be used by county, municipal, or
269independent special local fire control district inspectors
270officials when performing firesafety inspections of public
271educational and ancillary plants and educational facilities. In
272accordance with such standards, each board shall prescribe
273policies and procedures establishing a comprehensive program of
274safety and sanitation for the protection of occupants of public
275educational and ancillary plants. Such policies must contain
276procedures for periodic inspections as prescribed in this
277section or chapter 633 and for withdrawal of any educational and
278ancillary plant, or portion thereof, from use until unsafe or
279unsanitary conditions are corrected or removed.
280     (2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
281BOARDS.-
282     (a)  Each board shall provide for periodic inspection,
283other than firesafety inspection, of each educational and
284ancillary plant at least once during each fiscal year to
285determine compliance with standards of sanitation and casualty
286safety prescribed in the rules of the State Board of Education.
287     (b)  Each school cafeteria must post in a visible location
288and on the school website the school's semiannual sanitation
289certificate and a copy of its most recent sanitation inspection
290report.
291     (c)  Under the direction of the fire official appointed by
292the board under s. 1013.371(2), firesafety inspections of each
293educational and ancillary plant located on property owned or
294leased by the board, or other educational facilities operated by
295the board, must be made no sooner than 1 year after issuance of
296a certificate of occupancy and annually thereafter. Such
297inspections shall be made by persons certified by the Division
298of State Fire Marshal under s. 633.081 to be eligible to conduct
299firesafety inspections in public educational and ancillary
300plants. The board shall submit a copy of the firesafety
301inspection report to the county, municipality, or independent
302special fire control district providing fire protection services
303to the school facility within 10 business days after the date of
304the inspection. Alternate schedules for delivery of reports may
305be agreed upon between the school district and the county,
306municipality, or independent special fire control district
307providing fire protection services to the site in cases in which
308delivery is impossible due to hurricanes or other natural
309disasters. Regardless, if immediate life-threatening
310deficiencies are noted in the report, the report shall be
311delivered immediately State Fire Marshal and, if there is a
312local fire official who conducts firesafety inspections, to the
313local fire official. In addition, the board and any other
314authority conducting the fire safety inspection shall certify to
315the State Fire Marshal that the annual inspection has been
316completed. The certification shall be made electronically or by
317such other means as directed by the State Fire Marshal.
318     (d)  In each firesafety inspection report, the board shall
319include a plan of action and a schedule for the correction of
320each deficiency which have been formulated in consultation with
321the local fire control authority. If immediate life-threatening
322deficiencies are noted in any inspection, the board shall either
323take action to promptly correct the deficiencies or withdraw the
324educational or ancillary plant from use until such time as the
325deficiencies are corrected.
326     (3)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
327AGENCIES.-
328     (a)  A safety or sanitation inspection of any educational
329or ancillary plant may be made at any time by the Department of
330Education or any other state or local agency authorized or
331required to conduct such inspections by either general or
332special law. Each agency conducting inspections shall use the
333standards adopted by the Commissioner of Education in lieu of,
334and to the exclusion of, any other inspection standards
335prescribed either by statute or administrative rule. The agency
336shall submit a copy of the inspection report to the board.
337     (b)  One firesafety inspection of each educational or
338ancillary plant located on the property owned or leased by the
339board, or other educational or ancillary plants operated by the
340school board, and each public college may must be conducted no
341sooner than 1 year after the issuance of the certificate of
342occupancy and annually thereafter each fiscal year by the
343county, municipality, or independent special fire control
344district in which the plant is located using the standards
345adopted by the State Fire Marshal. The board or public college
346shall cooperate with the inspecting authority when a firesafety
347inspection is made by a governmental authority under this
348paragraph.
349     (c)  In each firesafety inspection report prepared pursuant
350to this subsection, the county, municipality, or independent
351special local fire control district, official in conjunction
352with the board, shall include a plan of action and a schedule
353for the correction of each deficiency. If immediate life-
354threatening deficiencies are noted in any inspection, the local
355county, municipality, or independent special fire control
356district, in conjunction with the fire official appointed by the
357board, shall either take action to require the board to promptly
358correct the deficiencies or withdraw the educational or
359ancillary plant facility from use until the deficiencies are
360corrected, subject to review by the State Fire Marshal who shall
361act within 10 days to ensure that the deficiencies are corrected
362or withdraw the plant facility from use.
363     (4)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
364DEFICIENCIES.-Upon failure of the board to take corrective
365action within a reasonable time, the agency making the
366inspection, other than a local fire official, may request the
367commissioner to:
368     (a)  Order that appropriate action be taken to correct all
369deficiencies in accordance with a schedule determined jointly by
370the inspecting authority and the board; in developing the
371schedule, consideration must be given to the seriousness of the
372deficiencies and the ability of the board to obtain the
373necessary funds; or
374     (b)  After 30 calendar days' notice to the board, order all
375or a portion of the educational or ancillary plant withdrawn
376from use until the deficiencies are corrected.
377     (5)  INSPECTIONS OF CHARTER SCHOOLS NOT LOCATED ON BOARD-
378OWNED OR LEASED PROPERTY OR OTHERWISE OPERATED BY A SCHOOL
379BOARD.-
380     (a)  A safety or sanitation inspection of any educational
381or ancillary plant may be made at any time by a state or local
382agency authorized or required to conduct such inspections by
383general or special law. The agency shall submit a copy of the
384inspection report to the charter school sponsor.
385     (b)  One firesafety inspection of each charter school that
386is not located in facilities owned or leased by the board or a
387public college must be conducted each fiscal year by the county,
388municipality, or independent special fire control district in
389which the charter school is located using the standards adopted
390by the State Fire Marshal. Upon request, the inspecting
391authority shall provide a copy of each firesafety report to the
392board in the district in which the facility is located.
393     (c)  In each firesafety inspection report and formulated in
394consultation with the charter school, the inspecting authority
395shall include a plan of action and a schedule for the correction
396of each deficiency. If any immediate life-threatening deficiency
397is noted in any inspection, the inspecting authority shall take
398action to require the charter school to promptly correct each
399deficiency or withdraw the educational or ancillary plant from
400use until such time as all deficiencies are corrected.
401     (d)  If the charter school fails to take corrective action
402within the period designated in the plan of action to correct
403any firesafety deficiency noted under paragraph (c), the county,
404municipality, or independent special fire control district shall
405immediately report the deficiency to the State Fire Marshal and
406the charter school sponsor. The State Fire Marshal has
407enforcement authority with respect to charter school educational
408and ancillary plants and educational facilities as provided in
409chapter 633 for any building or structure.
410     (6)(5)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
411FACILITIES.-
412     (a)  Firesafety inspections of public community college
413facilities, including charter schools located on board-owned or
414board-leased facilities or otherwise operated by public college
415boards, shall be made in accordance comply with the Florida Fire
416Prevention Code, as adopted by the State Fire Marshal.
417Notwithstanding s. 633.0215, provisions of the code relating to
418inspections of such facilities are not subject to any local
419amendments as provided by s. 1013.371. Each public college
420facility shall be inspected annually by persons certified under
421s. 633.081 Board of Education rules.
422     (b)  After each required firesafety inspection, the
423inspecting authority shall develop a plan of action to correct
424each deficiency identified. The public college shall provide a
425copy of each firesafety inspection report to the county,
426municipality, or independent special fire control district in
427which the facility is located.
428     (c)(b)  Firesafety inspections of state universities shall
429comply with the Florida Fire Prevention Code, as adopted by the
430State Fire Marshal under s. 633.0215 regulations of the Board of
431Governors.
432     (7)(6)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.-If a
433school Upon failure of the board, public college board, or
434charter school fails to correct any firesafety deficiency noted
435under this section take corrective action within the time
436designated in the plan of action to correct any firesafety
437deficiency noted under paragraph (2)(d) or paragraph (3)(c), the
438inspecting authority local fire official shall immediately
439report the deficiency to the State Fire Marshal, who has shall
440have enforcement authority with respect to educational and
441ancillary plants and educational facilities as provided in
442chapter 633 for any other building or structure.
443     (8)(7)  ADDITIONAL STANDARDS.-In addition to any other
444rules adopted under this section or s. 633.022, the State Fire
445Marshal in consultation with the Department of Education shall
446adopt and administer rules prescribing the following standards
447for the safety and health of occupants of educational and
448ancillary plants:
449     (a)  The designation of serious life-safety hazards,
450including, but not limited to, nonfunctional fire alarm systems,
451nonfunctional fire sprinkler systems, doors with padlocks or
452other locks or devices that preclude egress at any time,
453inadequate exits, hazardous electrical system conditions,
454potential structural failure, and storage conditions that create
455a fire hazard.
456     (b)  The proper placement of functional smoke and heat
457detectors and accessible, unexpired fire extinguishers.
458     (c)  The maintenance of fire doors without doorstops or
459wedges improperly holding them open.
460     (8)  ANNUAL REPORT.-The State Fire Marshal shall publish an
461annual report to be filed with the substantive committees of the
462state House of Representatives and Senate having jurisdiction
463over education, the Commissioner of Education or his or her
464successor, the State Board of Education, the Board of Governors,
465and the Governor documenting the status of each board's
466firesafety program, including the improvement or lack thereof.
467     Section 5.  Paragraph (a) of subsection (1) and subsection
468(2) of section 1013.371, Florida Statutes, are amended to read:
469     1013.371  Conformity to codes.-
470     (1)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE
471PREVENTION CODE REQUIRED FOR APPROVAL.-
472     (a)  Except as otherwise provided in paragraph (b), all
473public educational and ancillary plants constructed by a board
474must conform to the Florida Building Code and the Florida Fire
475Prevention Code, and the plants are exempt from all other state
476building codes; county, municipal, or other local amendments to
477the Florida Building Code and local amendments to the Florida
478Fire Prevention Code; building permits, and assessments of fees
479for building permits, except as provided in s. 553.80;
480ordinances; road closures; and impact fees or service
481availability fees. Any inspection by local or state government
482must be based on the Florida Building Code and the Florida Fire
483Prevention Code. Each board shall provide for periodic
484inspection of the proposed educational plant during each phase
485of construction to determine compliance with the Florida
486Building Code, the Florida Fire Prevention Code, and the State
487Requirements for Educational Facilities.
488     (2)  ENFORCEMENT BY BOARD.-It is the responsibility of each
489board to ensure that all plans and educational and ancillary
490plants meet the standards of the Florida Building Code and the
491Florida Fire Prevention Code and to provide for the enforcement
492of these codes in the areas of its jurisdiction. Each board
493shall provide for the proper supervision and inspection of the
494work. Each board may employ a chief building official or
495inspector and such other inspectors, who have been certified
496pursuant to chapter 468, and a fire official and such other
497inspectors, who have been certified pursuant to chapter 633, and
498such personnel as are necessary to administer and enforce the
499provisions of such codes this code. Boards may also use local
500building department inspectors who are certified by the
501department to enforce the Florida Building Code and the State
502Requirements for Educational Facilities this code. Boards may
503also use local county, municipal, or independent special fire
504control district firesafety inspectors who are certified by the
505State Fire Marshal to conduct reviews of site plans and
506inspections and to enforce the Florida Fire Prevention Code.
507Plans or facilities that fail to meet the standards of the
508Florida Building Code or the Florida Fire Prevention Code may
509not be approved. When planning for and constructing an
510educational, auxiliary, or ancillary facility, a board must use
511construction materials and systems that meet standards adopted
512pursuant to s. 1013.37(1)(e)3. and 4. If the planned or actual
513construction of a facility deviates from the adopted standards,
514the board must, at a public hearing, quantify and compare the
515costs of constructing the facility with the proposed deviations
516and in compliance with the adopted standards and the Florida
517Building Code. The board must explain the reason for the
518proposed deviations and compare how the total construction costs
519and projected life-cycle costs of the facility or component
520system of the facility would be affected by implementing the
521proposed deviations rather than using materials and systems that
522meet the adopted standards.
523     Section 6.  Section 1013.38, Florida Statutes, is amended
524to read:
525     1013.38  Boards to ensure that facilities comply with
526building codes and life safety codes.-
527     (1)  Boards shall ensure that all new construction,
528renovation, remodeling, day labor, and maintenance projects
529conform to the appropriate sections of the Florida Building
530Code, Florida Fire Prevention Code, or, where applicable as
531authorized in other sections of law, other building codes, and
532life safety codes.
533     (a)  For each proposed new facility and each proposed new
534facility addition exceeding 2,500 square feet, the board shall
535submit for review a minimum of one copy of the site plan to the
536local county, municipality, or independent special fire control
537district providing fire-protection services to the facility.
538     (b)  The local county, municipality, or independent special
539fire control district may review each site plan for compliance
540with the applicable provisions of the Florida Fire Prevention
541Code relating to fire department access roads, fire-protection
542system connection locations, and fire hydrant spacing. Such site
543plans are not subject to local amendments to the Florida Fire
544Prevention Code or local ordinances as provided in s. 1013.371.
545Site plan reviews conducted pursuant to this section shall be
546performed at no charge to the school board or public college
547board.
548     (c)  The site plan shall be deemed approved unless the
549local county, municipality, or independent special fire control
550district submits to the fire official appointed by the board, in
551writing, any deficiencies identified with reference to specific
552provisions of the Florida Fire Prevention Code within 15 days
553after receipt of the site plan. The fire official shall
554incorporate such comments into his or her review and subsequent
555inspections.
556     (d)  If the local county, municipality, or independent
557special fire control district and the fire official appointed by
558the board do not agree on the requirements or application of the
559Florida Fire Prevention Code, either party may refer the matter
560to the State Fire Marshal, who shall have final administrative
561authority in resolving the matter.
562     (2)  In addition to the submission of site plans, boards
563may provide compliance as follows:
564     (a)  Boards or consortia may individually or cooperatively
565provide review services under the insurance risk management
566oversight through the use of board employees or consortia
567employees, registered pursuant to chapter 471, chapter 481, or
568part XII of chapter 468 and firesafety inspectors certified
569under s. 633.081.
570     (b)  Boards may elect to review construction documents
571using their own employees registered pursuant to chapter 471,
572chapter 481, or part XII of chapter 468 and firesafety
573inspectors certified under s. 633.081.
574     (c)  Boards may submit phase III construction documents for
575review to the department.
576     (d)  Boards or consortia may contract for plan review
577services directly with engineers and architects registered
578pursuant to chapter 471 or chapter 481 and firesafety inspectors
579certified under s. 633.081.
580     (3)  The Department of Management Services may, upon
581request, provide facilities services for the Florida School for
582the Deaf and the Blind, the Division of Blind Services, and
583public broadcasting. As used in this section, the term
584"facilities services" means project management, code and design
585plan review, and code compliance inspection for projects as
586defined in s. 287.017(5).
587     (4)(a)  Before the commencement of any new construction,
588renovation, or remodeling, the board shall:
589     1.  Approve or cause to be approved the construction
590documents and evaluate such documents for compliance with the
591Florida Building Code and the Florida Fire Prevention Code.
592     2.  Ensure compliance with all applicable firesafety codes
593and standards by contracting with a firesafety inspector
594certified by the State Fire Marshal under s. 633.081.
595     (b)  A certificate of occupancy may not be issued until the
596board, through its designated certified building official, has
597determined that the building or structure and its site
598conditions comply with all applicable statutes and rules.
599     (c)  The method of compliance as chosen by the board
600pursuant to subsection (2) shall be documented and maintained as
601part of the construction record file.
602     (d)  Upon request by the local county, municipality, or
603independent special fire control district, the board shall
604provide reasonable access to all construction documents.
605     Section 7.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.