Senate Bill sb0532c1

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    Florida Senate - 2002                            CS for SB 532

    By the Committee on Education; and Senator Silver





    304-1995-02

  1                      A bill to be entitled

  2         An act relating to firesafety standards for

  3         educational and ancillary plants and

  4         educational facilities; amending s. 235.06,

  5         F.S.; requiring the State Fire Marshal to adopt

  6         uniform standards as provided in s.

  7         633.022(1)(b), F.S.; providing for enforcement

  8         and administration of such standards by local

  9         fire officials; prescribing conditions for

10         conducting firesafety inspections; prescribing

11         duties of local fire officials in providing a

12         plan of action and a schedule for correction of

13         deficiencies; requiring the State Fire Marshal

14         to adopt and administer rules prescribing

15         specified standards for the safety and health

16         of occupants of educational and ancillary

17         plants; amending s. 633.01, F.S.; requiring the

18         State Fire Marshal to adopt and administer

19         rules prescribing standards for the safety and

20         health of occupants of educational and

21         ancillary facilities as specified; requiring

22         that the State Fire Marshal assume certain

23         specified duties of the local fire official in

24         counties that do not employ or appoint a local

25         fire official; amending s. 633.022, F.S.;

26         conforming provisions; providing an effective

27         date.

28

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

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




  1         Section 1.  Section 235.06, Florida Statutes, is

  2  amended to read:

  3         235.06  Casualty, safety, and sanitation, and

  4  firesafety standards and inspection of property.--The

  5  Commissioner of Education shall adopt and administer rules

  6  prescribing standards for the safety and health of occupants

  7  of educational and ancillary plants as a part of the State

  8  Uniform Building Code for Public Educational Facilities

  9  Construction as provided in s. 235.26, except that the State

10  Fire Marshal shall adopt uniform firesafety standards for

11  educational and ancillary plants and educational facilities,

12  as provided in s. 633.022(1)(b) and a firesafety evaluation

13  system to be used as an alternate firesafety inspection

14  standard in existing educational and ancillary plants and

15  educational facilities. The uniform firesafety standards and

16  the alternate firesafety evaluation system shall be

17  administered and enforced by local fire officials the

18  provisions of chapter 633 to the contrary notwithstanding.

19  These standards must be used by all public agencies when

20  inspecting public educational and ancillary plants, and the

21  firesafety standards must be used by local fire officials when

22  performing firesafety inspections of public educational and

23  ancillary plants and educational facilities. In accordance

24  with such standards, each board shall prescribe policies and

25  procedures establishing a comprehensive program of safety and

26  sanitation for the protection of occupants of public

27  educational and ancillary plants. Such policies must contain

28  procedures for periodic inspections as prescribed herein and

29  for withdrawal of any educational and ancillary plant, or

30  portion thereof, from use until unsafe or unsanitary

31  conditions are corrected or removed.

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




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

  2         (a)  Each board shall provide for periodic inspection,

  3  other than firesafety inspection, of each educational and

  4  ancillary plant at least once during each fiscal year to

  5  determine compliance with standards of sanitation and casualty

  6  safety prescribed in the rules of the commissioner.

  7         (b)  Firesafety inspections of each educational and

  8  ancillary plant must be made annually by persons certified by

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

10  firesafety inspections in public educational and ancillary

11  plants. The board shall submit a copy of the firesafety

12  inspection report to the State Fire Marshal and, if there is a

13  local fire official who conducts firesafety inspections, to

14  the local fire official.

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

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

17  correction of each deficiency which have been formulated in

18  consultation with the local fire control authority. If

19  immediate life-threatening deficiencies are noted in any

20  inspection, the board shall either take action to promptly

21  correct the deficiencies or withdraw the educational or

22  ancillary plant from use until such time as the deficiencies

23  are corrected.

24         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

25  AGENCIES.--

26         (a)  A safety or sanitation inspection of any

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

28  Department of Education or any other state or local agency

29  authorized or required to conduct such inspections by either

30  general or special law.  Each agency conducting inspections

31  shall use the standards adopted by the Commissioner of

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




  1  Education in lieu of, and to the exclusion of, any other

  2  inspection standards prescribed either by statute or

  3  administrative rule, the provisions of chapter 633 to the

  4  contrary notwithstanding. The agency shall submit a copy of

  5  the inspection report to the board.

  6         (b)  One firesafety inspection of each educational or

  7  ancillary plant must be conducted each fiscal year by the

  8  county, municipality, or special fire control district in

  9  which the plant is located using the standards adopted by the

10  State Fire Marshal. The board shall cooperate with the

11  inspecting authority when a firesafety inspection is made by a

12  governmental authority under this paragraph.

13         (c)  In each firesafety inspection report, the local

14  fire official in conjunction with the board shall include a

15  plan of action and a schedule for the correction of each

16  deficiency. If immediate life-threatening deficiencies are

17  noted in any inspection, the local fire official shall either

18  take action to require the board to promptly correct the

19  deficiencies or withdraw the educational facility from use

20  until the deficiencies are corrected, subject to review by the

21  State Fire Marshal who shall act within 10 days to ensure that

22  the deficiencies are corrected or withdraw the facility from

23  use. In addition to school board inspections, the applicable

24  local fire control authority shall also annually inspect

25  educational facilities within its fire control district, using

26  the standards adopted by the Commissioner of Education.

27  Reports shall be filed with the school board, and a copy shall

28  be on file with the local site administrator.

29         (3)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN

30  FIRESAFETY DEFICIENCIES.--Upon failure of the board to take

31  corrective action within a reasonable time, the agency making

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




  1  the inspection, other than a local fire official, may request

  2  the commissioner to:

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

  4  all deficiencies in accordance with a schedule determined

  5  jointly by the inspecting authority and the board; in

  6  developing the schedule, consideration must be given to the

  7  seriousness of the deficiencies and the ability of the board

  8  to obtain the necessary funds; or

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

10  all or a portion of the educational or ancillary plant

11  withdrawn from use until the deficiencies are corrected.

12         (4)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon

13  failure of the board to take corrective action within the time

14  designated in the plan of action to correct any firesafety

15  deficiency noted under paragraph (1)(c) or paragraph (2)(c),

16  the local fire official shall immediately report the

17  deficiency to the State Fire Marshal, who shall have

18  enforcement authority with respect to educational and

19  ancillary plants and educational facilities as provided in

20  chapter 633 for any other building or structure.

21         (5)  ADDITIONAL STANDARDS.--In addition to any other

22  rules adopted under this section or s. 633.022, the State Fire

23  Marshal shall adopt and administer rules prescribing the

24  following standards for the safety and health of occupants of

25  educational and ancillary plants:

26         (a)  The designation of serious life-safety hazards,

27  including, but not limited to, nonfunctional fire alarm

28  systems, nonfunctional fire sprinkler systems, doors with

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

30  time, inadequate exits, hazardous electrical system

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




  1  conditions, potential structural failure, and storage

  2  conditions that create a fire hazard.

  3         (b)  The proper placement of functional smoke and heat

  4  detectors and accessible, unexpired fire extinguishers.

  5         (c)  The maintenance of fire doors without doorstops or

  6  wedges improperly holding them open.

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

  8  Florida Statutes, to read:

  9         633.01  State Fire Marshal; powers and duties; rules.--

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

11  rules prescribing standards for the safety and health of

12  occupants of educational and ancillary facilities pursuant to

13  ss. 633.022, 235.06, and 235.26. In addition, in any county

14  that does not employ or appoint a local fire official, the

15  State Fire Marshal shall assume the duties of the local fire

16  official with respect to firesafety inspections of educational

17  property required under s. 235.06(2)(b) and the State Fire

18  Marshal may take necessary corrective action as authorized

19  under s. 235.06(4).

20         Section 3.  Paragraph (b) of subsection (1) of section

21  633.022, Florida Statutes, is amended to read:

22         633.022  Uniform firesafety standards.--The Legislature

23  hereby determines that to protect the public health, safety,

24  and welfare it is necessary to provide for firesafety

25  standards governing the construction and utilization of

26  certain buildings and structures.  The Legislature further

27  determines that certain buildings or structures, due to their

28  specialized use or to the special characteristics of the

29  person utilizing or occupying these buildings or structures,

30  should be subject to firesafety standards reflecting these

31  special needs as may be appropriate.

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




  1         (1)  The Department of Insurance shall establish

  2  uniform firesafety standards that apply to:

  3         (b)  All new, existing, and proposed hospitals, nursing

  4  homes, assisted living facilities, adult family-care homes,

  5  correctional facilities, public schools, transient public

  6  lodging establishments, public food service establishments,

  7  elevators, migrant labor camps, mobile home parks, lodging

  8  parks, recreational vehicle parks, recreational camps,

  9  residential and nonresidential child care facilities,

10  facilities for the developmentally disabled, motion picture

11  and television special effects productions, and self-service

12  gasoline stations, of which standards the State Fire Marshal

13  is the final administrative interpreting authority. With

14  respect to public schools, the department shall utilize

15  firesafety standards that have been adopted by the State Board

16  of Education.

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18  In the event there is a dispute between the owners of the

19  buildings specified in paragraph (b) and a local authority

20  requiring a more stringent uniform firesafety standard for

21  sprinkler systems, the State Fire Marshal shall be the final

22  administrative interpreting authority and the State Fire

23  Marshal's interpretation regarding the uniform firesafety

24  standards shall be considered final agency action.

25         Section 4.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                            CS for SB 532
    304-1995-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 532

  3

  4  -Requires the State Fire Marshal to adopt rules for a
    firesafety evaluation system for use as an alternate standard
  5  in existing facilities.

  6  -Provides for enforcement of the uniform firesafety standards
    and the alternate system by local fire officials.
  7
    -Subjects local fire official's decision about
  8  life-threatening deficiencies to review by the State Fire
    Marshal.
  9
    -Requires the State Fire Marshal to ensure that the
10  deficiencies are corrected or the facility is withdrawn from
    use.
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    -Removes the new provision allowing the State Fire Marshal to
12  adopt rules for conditions identified as serious by the
    inspection authority.
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    -Requires the State Fire Marshal to assume a local fire
14  official's firesafety inspection duties in a county that does
    not employ or appoint an official.
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    -Requires the State Fire Marshal to take needed corrective
16  action.

17  -Includes a technical change.

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