Senate Bill sb0790

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    Florida Senate - 2001                                   SB 790

    By Senator Silver





    38-390-01

  1                      A bill to be entitled

  2         An act relating to school safety; amending ss.

  3         235.06, 633.01, F.S.; transferring

  4         responsibility for the adoption and

  5         administration of rules prescribing firesafety

  6         standards for educational facilities from the

  7         Commissioner of Education to the State Fire

  8         Marshal; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 235.06, Florida Statutes, is

13  amended to read:

14         235.06  Safety and sanitation standards and inspection

15  of property.--The State Fire Marshal Commissioner of Education

16  shall adopt and administer rules prescribing standards for the

17  safety and health of occupants of educational and ancillary

18  plants as a part of the State Uniform Building Code for Public

19  Educational Facilities Construction as provided in s. 235.26,

20  the provisions of chapter 633 to the contrary notwithstanding.

21  These standards must be used by all public agencies when

22  inspecting public educational and ancillary plants. In

23  accordance with such standards, each board shall prescribe

24  policies and procedures establishing a comprehensive program

25  of safety and sanitation for the protection of occupants of

26  public educational and ancillary plants.  Such policies must

27  contain procedures for periodic inspections as prescribed

28  herein and for withdrawal of any educational and ancillary

29  plant, or portion thereof, from use until unsafe or unsanitary

30  conditions are corrected or removed.

31         (1)  PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--

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    Florida Senate - 2001                                   SB 790
    38-390-01




  1         (a)  Each board shall provide for periodic inspection

  2  of each educational and ancillary plant at least once during

  3  each fiscal year to determine compliance with standards of

  4  sanitation and casualty safety prescribed by in the rules of

  5  the State Fire Marshal commissioner.

  6         (b)  Firesafety inspections of each educational and

  7  ancillary plant must be made annually by persons certified by

  8  the Division of State Fire Marshal to be eligible to conduct

  9  firesafety inspections in public educational and ancillary

10  plants.

11         (c)  In each firesafety inspection report, the board

12  shall include a plan of action and a schedule for the

13  correction of each deficiency.  If immediate life-threatening

14  deficiencies are noted in any inspection, the board shall

15  either take action to promptly correct the deficiencies or

16  withdraw the educational or ancillary plant from use until

17  such time as the deficiencies are corrected.

18         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

19  AGENCIES.--

20         (a)  A safety or sanitation inspection of any

21  educational or ancillary plant may be made at any time by the

22  Department of Education or any other state or local agency

23  authorized or required to conduct such inspections by either

24  general or special law.  Each agency conducting inspections

25  shall use the standards adopted by the State Fire Marshal

26  Commissioner of Education in lieu of, and to the exclusion of,

27  any other inspection standards prescribed either by statute or

28  administrative rule, the provisions of chapter 633 to the

29  contrary notwithstanding. The agency shall submit a copy of

30  the inspection report to the board.

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    Florida Senate - 2001                                   SB 790
    38-390-01




  1         (b)  In addition to school board inspections, the

  2  applicable local fire control authority shall also annually

  3  inspect educational facilities within its fire control

  4  district, using the standards adopted by the State Fire

  5  Marshal Commissioner of Education. Reports shall be filed with

  6  the school board, and a copy shall be on file with the local

  7  site administrator.

  8         (3)  CORRECTIVE ACTION.--Upon failure of the board to

  9  take corrective action within a reasonable time, the agency

10  making the inspection may request the State Fire Marshal

11  commissioner to:

12         (a)  Order that appropriate action be taken to correct

13  all deficiencies in accordance with a schedule determined

14  jointly by the inspecting authority and the board; in

15  developing the schedule, consideration must be given to the

16  seriousness of the deficiencies and the ability of the board

17  to obtain the necessary funds; or

18         (b)  After 30 calendar days' notice to the board, order

19  all or a portion of the educational or ancillary plant

20  withdrawn from use until the deficiencies are corrected.

21         (4)  ADDITIONAL STANDARDS.--The State Fire Marshal

22  shall adopt and administer rules prescribing the following

23  standards for the safety and health of occupants of

24  educational and ancillary plants.

25         (a)  The designation of serious life safety hazards

26  including, but not limited to, nonfunctional fire alarm

27  systems, nonfunctional fire sprinkler systems, doors with

28  padlocks or other locks or devices that preclude egress at any

29  time, inadequate exits, hazardous electrical system

30  conditions, potential structural failure, and storage

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    Florida Senate - 2001                                   SB 790
    38-390-01




  1  conditions that create a fire hazard. Other conditions may be

  2  identified as serious by the inspection authority.

  3         (b)  The occupant load in number of persons for whom

  4  means of egress and other requirements are to be provided must

  5  be determined on the basis of the following occupant load

  6  factors or the maximum probable population of any room or

  7  section under consideration, whichever is greater:

  8         1.  Classrooms: one person for each 20 net square feet.

  9         2.  Shops, laboratories, and similar vocational rooms:

10  one person for each 50 net square feet.

11         (c)  The proper placement of functional smoke and heat

12  detectors and accessible, unexpired fire extinguishers.

13         (d)  The maintenance of fire doors without doorstops or

14  wedges improperly holding them open.

15         Section 2.  Subsection (7) is added to section 633.01,

16  Florida Statutes, to read:

17         633.01  State Fire Marshal; powers and duties; rules.--

18         (7)  The State Fire Marshal shall adopt and administer

19  rules prescribing standards for the safety and health of

20  occupants of educational and ancillary facilities in

21  accordance with ss. 235.06 and 235.26.

22         Section 3.  This act shall take effect July 1, 2001.

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24            *****************************************

25                          SENATE SUMMARY

26    Transfers responsibility for the adoption and
      administration of rules prescribing firesafety standards
27    from the Commissioner of Education to the State Fire
      Marshal.
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