Florida Senate - 2015                                    SB 1148
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00960A-15                                          20151148__
    1                        A bill to be entitled                      
    2         An act relating to firesafety; amending s. 633.202,
    3         F.S.; defining terms; exempting nonresidential farm
    4         buildings, rather than specified structures located on
    5         agricultural property, from the Florida Fire
    6         Prevention Code under specified circumstances;
    7         requiring the State Fire Marshal to conduct a study
    8         addressing certain secondary uses of nonresidential
    9         farm buildings; requiring the State Fire Marshal to
   10         convene a workgroup by a specified date to assist with
   11         the study; requiring the State Fire Marshal to
   12         initiate rulemaking by a specified date if the study
   13         determines that certain life safety or fire prevention
   14         standards are required; revising the maximum
   15         measurements of a tent that is exempt from the Florida
   16         Fire Prevention Code; amending s. 633.208, F.S.;
   17         authorizing a local fire official to consider a
   18         specified publication when identifying an alternative
   19         to a firesafety code; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (16) of section 633.202, Florida
   24  Statutes, is amended to read:
   25         633.202 Florida Fire Prevention Code.—
   26         (16)(a) As used in this subsection, the term:
   27         1. “Agricultural pole barn” means a nonresidential farm
   28  building in which 90 percent or more of the perimeter walls are
   29  permanently open and allow free ingress and egress.
   30         2.“Nonresidential farm building” has the same meaning
   31  provided in s. 604.50.
   32         (b) A nonresidential farm building structure, located on
   33  property that is classified for ad valorem purposes as
   34  agricultural, which is part of a farming or ranching operation,
   35  in which the occupancy is limited by the property owner to no
   36  more than 35 persons, and which is not used by the public for
   37  direct sales or as an educational outreach facility, is exempt
   38  from the Florida Fire Prevention Code, including the national
   39  codes and Life Safety Code incorporated by reference. This
   40  paragraph does not include structures used for residential or
   41  assembly occupancies, as defined in the Florida Fire Prevention
   42  Code.
   43         (c) Notwithstanding any other provision of law, a
   44  nonresidential farm building is exempt from the Florida Fire
   45  Prevention Code, including the national codes and the Life
   46  Safety Code incorporated by reference, if:
   47         1. The nonresidential farm building is used by the owner
   48  for assembly, business, or mercantile occupancies, as defined in
   49  the Florida Fire Prevention Code, no more than a total of 20
   50  times per year; and
   51         2. Each occupancy under subparagraph 1. lasts no longer
   52  than 72 hours and has no more than 150 individuals in
   53  attendance.
   54         (d) Notwithstanding any other provision of law, an
   55  agricultural pole barn is exempt from the Florida Fire
   56  Prevention Code, including the national codes and the Life
   57  Safety Code incorporated by reference.
   58         (e) The State Fire Marshal shall conduct a study on the
   59  secondary use of nonresidential farm buildings as assembly
   60  occupancies that occur more than 20 times per year and as
   61  assembly occupancies with more than 150 individuals in
   62  attendance.
   63         1. The State Fire Marshal shall convene a workgroup on or
   64  before September 1, 2015, to assist with the study. The
   65  workgroup must include a representative of the Florida
   66  Agritourism Association, the Florida Farm Bureau, the Department
   67  of Agriculture and Consumer Services, the Florida Fire Chiefs
   68  Association, the Florida Professional Firefighters Association,
   69  the Florida Fire Marshals and Inspectors Association, and the
   70  Florida Volunteer Firefighters Association. The workgroup may
   71  include other interested parties.
   72         2. If the study determines that an assembly occupancy
   73  described under this paragraph requires life safety or fire
   74  prevention standards different from those currently specified in
   75  the Florida Fire Prevention Code, the State Fire Marshal shall
   76  adopt the alternative standards by rule. Such rulemaking must be
   77  initiated on or before December 1, 2015.
   78         (17)(b) A tent up to 900 square 30 feet by 30 feet is
   79  exempt from the Florida Fire Prevention Code, including the
   80  national codes incorporated by reference.
   81         Section 2. Subsection (5) of section 633.208, Florida
   82  Statutes, is amended to read:
   83         633.208 Minimum firesafety standards.—
   84         (5) With regard to existing buildings, the Legislature
   85  recognizes that it is not always practical to apply any or all
   86  of the provisions of the Florida Fire Prevention Code and that
   87  physical limitations may require disproportionate effort or
   88  expense with little increase in fire or life safety. Before
   89  Prior to applying the minimum firesafety code to an existing
   90  building, the local fire official shall determine that a threat
   91  to lifesafety or property exists. If a threat to lifesafety or
   92  property exists, the fire official shall apply the applicable
   93  firesafety code for existing buildings to the extent practical
   94  to assure a reasonable degree of lifesafety and safety of
   95  property or the fire official shall fashion a reasonable
   96  alternative that which affords an equivalent degree of
   97  lifesafety and safety of property. The local fire official may
   98  consider the Fire Safety Evaluation System found in NFPA 101A,
   99  Guide on Alternative Solutions to Life Safety, adopted by the
  100  State Fire Marshal, as an acceptable source for the
  101  identification of low-cost, reasonable alternatives. The
  102  decision of the local fire official may be appealed to the local
  103  administrative board described in s. 553.73.
  104         Section 3. This act shall take effect July 1, 2015.