The Florida Senate

¹633.0215  Florida Fire Prevention Code.--

(1)  The department shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Fire Prevention Code which shall contain or incorporate by reference all firesafety laws and rules that pertain to and govern the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and the enforcement of such firesafety laws and rules.

(2)  The department shall adopt the National Fire Protection Association's Standard 1, Fire Prevention Code. The department shall adopt the Life Safety Code, Pamphlet 101, current editions, by reference. The department may modify the selected codes and standards as needed to accommodate the specific needs of the state. Standards or criteria in the selected codes shall be similarly incorporated by reference. The department shall incorporate within sections of the Florida Fire Prevention Code provisions that address uniform firesafety standards as established in s. 633.022. The department shall incorporate within sections of the Florida Fire Prevention Code provisions addressing regional and local concerns and variations.

(3)  Any local amendment to the Florida Fire Prevention Code adopted by a local government shall be effective only until the adoption by the department of the new edition of the Florida Fire Prevention Code, which shall be every third year. At such time, the department shall adopt such amendment as part of the Florida Fire Prevention Code or rescind the amendment. The department shall immediately notify the respective local government of the rescission of the amendment. After receiving such notice, the respective local government may readopt the rescinded amendment. Incorporation of local amendments as regional and local concerns and variations shall be considered as adoption of an amendment pursuant to this ²part. Notwithstanding other state or local building and construction code laws to the contrary, locally adopted fire code requirements that were in existence on the effective date of this section shall be deemed local variations of the Florida Fire Prevention Code until the department takes action to adopt or rescind such requirements as provided herein, and such action shall take place no later than January 1, 2001.

(4)  The department shall update, by rule adopted pursuant to ss. 120.536(1) and 120.54, the Florida Fire Prevention Code every 3 years. Once initially adopted and subsequently updated by the department, the Florida Fire Prevention Code and the Life Safety Code shall be adopted for use statewide without adoptions by local governments. When updating the Florida Fire Prevention Code and the most recent edition of the Life Safety Code, the department shall consider changes made by the national model fire codes incorporated into the Florida Fire Prevention Code, the department's own interpretations, declaratory statements, appellate decisions, and approved statewide and local technical amendments.

(5)  The department may approve technical amendments notwithstanding the 3-year update cycle of the Florida Fire Prevention Code upon finding that a threat to life exists that would warrant such action, subject to chapter 120.

(6)  The Florida Fire Prevention Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements or land use requirements. Additionally, a local code enforcement agency may not administer or enforce the Florida Fire Prevention Code to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities. This section shall not be construed to prohibit local government from imposing built-in fire protection systems or fire-related infrastructure requirements needed to properly protect the intended facility.

History.--s. 58, ch. 98-287.

¹Note.--Effective January 1, 2001.

²Note.--Chapter 633 is not divided into parts.