Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 822
Ì811910rÎ811910
576-02402-16
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on General Government)
1 A bill to be entitled
2 An act relating to firesafety; amending s. 633.202,
3 F.S.; defining terms; revising provisions relating to
4 certain structures located on agricultural property
5 which are exempt from the Florida Fire Prevention
6 Code; requiring that certain structures used for
7 agritourism activity be classified; requiring that
8 certain structures be classified; providing criteria
9 for such classifications; providing that such
10 classifications are subject to annual inspection;
11 specifying applicable fire prevention standards for
12 each class; requiring that the State Fire Marshal
13 adopt rules; providing requirements for revising
14 certain dimensions of a tent that is exempt from the
15 code; amending s. 633.208, F.S.; authorizing a local
16 fire official to consider a specified publication when
17 identifying an alternative to a firesafety code;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (16) of section 633.202, Florida
23 Statutes, is amended to read:
24 633.202 Florida Fire Prevention Code.—
25 (16)(a) As used in this subsection, the term:
26 1. “Agricultural pole barn” means a nonresidential farm
27 building in which 70 percent or more of the perimeter walls are
28 permanently open and allow free ingress and egress.
29 2. “Nonresidential farm building” has the same meaning as
30 provided in s. 604.50.
31 (b) Notwithstanding any other provision of law:
32 1. A nonresidential farm building A 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 2. An agricultural pole barn is exempt from the Florida
44 Fire Prevention Code, including the national codes and the Life
45 Safety Code incorporated by reference.
46 3. Except for an agricultural pole barn, a structure on a
47 farm as defined in s. 823.14(3)(a) which is used by an owner for
48 agritourism activity for which the owner receives consideration
49 must be classified in one of the following classes:
50 a. Class 1: A nonresidential farm building that is used by
51 the owner 12 times per year or fewer for agritourism activity
52 with up to 100 persons occupying the structure at one time. A
53 structure in this class is subject to annual inspection for
54 classification by the local authority having jurisdiction. This
55 class is not subject to the Florida Fire Prevention Code but is
56 subject to rules adopted by the State Fire Marshal pursuant to
57 this section.
58 b. Class 2: A nonresidential farm building that is used by
59 the owner for agritourism activity with up to 300 persons
60 occupying the structure at one time. A structure in this class
61 is subject to annual inspection for classification by the local
62 authority having jurisdiction. This class is not subject to the
63 Florida Fire Prevention Code but is subject to rules adopted by
64 the State Fire Marshal pursuant to this section.
65 c. Class 3: A structure or facility that is used primarily
66 for housing, sheltering, or otherwise accommodating members of
67 the general public. A structure or facility in this class is
68 subject to annual inspection for classification by the local
69 authority having jurisdiction. This class is subject to the
70 Florida Fire Prevention Code.
71 (c) The State Fire Marshal shall adopt rules to administer
72 this section, including, but not limited to:
73 1. The use of alternative lifesafety and fire prevention
74 standards for structures in Classes 1 and 2;
75 2. Notification and inspection requirements for structures
76 in Classes 1 and 2;
77 3. The application of the Florida Fire Prevention Code for
78 structures in Class 3; and
79 4. Any other standards or rules deemed necessary in order
80 to facilitate the use of structures for agritourism activities.
81 (17)(b) A tent up to 900 square 30 feet by 30 feet is
82 exempt from the Florida Fire Prevention Code, including the
83 national codes incorporated by reference.
84 Section 2. Subsection (5) of section 633.208, Florida
85 Statutes, is amended to read:
86 633.208 Minimum firesafety standards.—
87 (5) With regard to existing buildings, the Legislature
88 recognizes that it is not always practical to apply any or all
89 of the provisions of the Florida Fire Prevention Code and that
90 physical limitations may require disproportionate effort or
91 expense with little increase in fire or life safety. Before
92 Prior to applying the minimum firesafety code to an existing
93 building, the local fire official shall determine whether that a
94 threat to lifesafety or property exists. If a threat to
95 lifesafety or property exists, the fire official shall apply the
96 applicable firesafety code for existing buildings to the extent
97 practical to ensure assure a reasonable degree of lifesafety and
98 safety of property or the fire official shall fashion a
99 reasonable alternative that which affords an equivalent degree
100 of lifesafety and safety of property. The local fire official
101 may consider the fire safety evaluation systems found in NFPA
102 101A: Guide on Alternative Approaches to Life Safety, adopted by
103 the State Fire Marshal, as acceptable systems for the
104 identification of low-cost, reasonable alternatives. The
105 decision of the local fire official may be appealed to the local
106 administrative board described in s. 553.73.
107 Section 3. This act shall take effect July 1, 2016.