| 1 | A bill to be entitled |
| 2 | An act relating to firesafety; amending s. 633.01, F.S.; |
| 3 | revising the rulemaking authority and responsibilities of |
| 4 | the State Fire Marshal relating to educational and |
| 5 | ancillary plants; amending s. 633.021, F.S.; revising the |
| 6 | definition of the term "firesafety inspector"; amending s. |
| 7 | 633.081, F.S.; revising requirements and procedures for |
| 8 | inspections of buildings and equipment; abolishing special |
| 9 | state firesafety inspector classifications and |
| 10 | certifications; providing criteria, procedures, and |
| 11 | requirements for special state firesafety inspectors to be |
| 12 | certified as firesafety inspectors; authorizing the State |
| 13 | Fire Marshal to develop an advanced training and |
| 14 | certification program for certain firesafety inspectors; |
| 15 | specifying program requirements; requiring the State Fire |
| 16 | Marshal and the Florida Building Code Administrators and |
| 17 | Inspectors Board to enter into a reciprocity agreement to |
| 18 | recognize certain continuing education recertification |
| 19 | hours for certain purposes; amending s. 1013.12, F.S.; |
| 20 | revising procedures and requirements for certain standards |
| 21 | and inspection of educational property; providing |
| 22 | procedures, criteria, and requirements for inspections of |
| 23 | certain charter schools; providing reporting requirements; |
| 24 | amending s. 1013.371, F.S.; revising firesafety inspection |
| 25 | requirements for educational institution boards to conform |
| 26 | to certain codes; revising certain code enforcement |
| 27 | authority of such boards; amending s. 1013.38, F.S.; |
| 28 | requiring educational institution boards to submit certain |
| 29 | facility site plans to certain local governmental entities |
| 30 | for review; authorizing such entities to review site plans |
| 31 | for compliance with certain provisions of the Florida Fire |
| 32 | Prevention Code; specifying that site plans are not |
| 33 | subject to local ordinances or local amendments to the |
| 34 | Florida Fire Prevention Code; providing criteria for |
| 35 | approving site plans and correcting firesafety compliance |
| 36 | deficiencies; providing for referral of disputes to the |
| 37 | State Fire Marshal; authorizing such boards to use certain |
| 38 | firesafety inspectors for certain compliance reviews; |
| 39 | imposing additional requirements for such boards relating |
| 40 | to construction, renovation, or remodeling of educational |
| 41 | facilities; providing an effective date. |
| 42 |
|
| 43 | Be It Enacted by the Legislature of the State of Florida: |
| 44 |
|
| 45 | Section 1. Subsection (7) of section 633.01, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 633.01 State Fire Marshal; powers and duties; rules.- |
| 48 | (7) The State Fire Marshal, in consultation with the |
| 49 | Department of Education, shall adopt and administer rules |
| 50 | prescribing standards for the safety and health of occupants of |
| 51 | educational and ancillary facilities pursuant to ss. 633.022, |
| 52 | 1013.12, 1013.37, and 1013.371. In addition, in any county that |
| 53 | does not employ or appoint a firesafety inspector certified |
| 54 | under s. 633.081 local fire official, the State Fire Marshal |
| 55 | shall assume the duties of the local county, municipality, or |
| 56 | independent special fire control district as defined in s. |
| 57 | 191.003 fire official with respect to firesafety inspections of |
| 58 | educational property required under s. 1013.12(3)(b), and the |
| 59 | State Fire Marshal may take necessary corrective action as |
| 60 | authorized under s. 1013.12(7)(6). |
| 61 | Section 2. Subsection (10) of section 633.021, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 633.021 Definitions.-As used in this chapter: |
| 64 | (10) A "firesafety inspector" is an individual certified |
| 65 | by the State Fire Marshal under s. 633.081 who is officially |
| 66 | assigned the duties of conducting firesafety inspections of |
| 67 | buildings and facilities on a recurring or regular basis on |
| 68 | behalf of the state or any county, municipality, or special |
| 69 | district with firesafety responsibilities. |
| 70 | Section 3. Section 633.081, Florida Statutes, is amended |
| 71 | to read: |
| 72 | 633.081 Inspection of buildings and equipment; orders; |
| 73 | firesafety inspection training requirements; certification; |
| 74 | disciplinary action.-The State Fire Marshal and her or his |
| 75 | agents may shall, at any reasonable hour, when the State Fire |
| 76 | Marshal department has reasonable cause to believe that a |
| 77 | violation of this chapter or s. 509.215, or a rule adopted under |
| 78 | this chapter or s. 509.215 promulgated thereunder, or a minimum |
| 79 | firesafety code adopted by the State Fire Marshal or a local |
| 80 | authority, may exist, inspect any and all buildings and |
| 81 | structures which are subject to the requirements of this chapter |
| 82 | or s. 509.215 and any rule adopted under this chapter or s. |
| 83 | 509.215 rules promulgated thereunder. The authority to inspect |
| 84 | shall extend to all equipment, vehicles, and chemicals which are |
| 85 | located on or within the premises of any such building or |
| 86 | structure. |
| 87 | (1) Each county, municipality, and special district that |
| 88 | has firesafety enforcement responsibilities shall employ or |
| 89 | contract with a firesafety inspector. The firesafety inspector |
| 90 | must conduct all firesafety inspections that are required by |
| 91 | law. The governing body of a county, municipality, or special |
| 92 | district that has firesafety enforcement responsibilities may |
| 93 | provide a schedule of fees to pay only the costs of inspections |
| 94 | conducted pursuant to this subsection and related administrative |
| 95 | expenses. Two or more counties, municipalities, or special |
| 96 | districts that have firesafety enforcement responsibilities may |
| 97 | jointly employ or contract with a firesafety inspector. |
| 98 | (2) Every firesafety inspection conducted pursuant to |
| 99 | state or local firesafety requirements shall be by a person |
| 100 | certified as having met the inspection training requirements set |
| 101 | by the State Fire Marshal. Such person shall: |
| 102 | (a) Be a high school graduate or the equivalent as |
| 103 | determined by the department; |
| 104 | (b) Not have been found guilty of, or having pleaded |
| 105 | guilty or nolo contendere to, a felony or a crime punishable by |
| 106 | imprisonment of 1 year or more under the law of the United |
| 107 | States, or of any state thereof, which involves moral turpitude, |
| 108 | without regard to whether a judgment of conviction has been |
| 109 | entered by the court having jurisdiction of such cases; |
| 110 | (c) Have her or his fingerprints on file with the |
| 111 | department or with an agency designated by the department; |
| 112 | (d) Have good moral character as determined by the |
| 113 | department; |
| 114 | (e) Be at least 18 years of age; |
| 115 | (f) Have satisfactorily completed the firesafety inspector |
| 116 | certification examination as prescribed by the department; and |
| 117 | (g)1. Have satisfactorily completed, as determined by the |
| 118 | department, a firesafety inspector training program of not less |
| 119 | than 200 hours established by the department and administered by |
| 120 | agencies and institutions approved by the department for the |
| 121 | purpose of providing basic certification training for firesafety |
| 122 | inspectors; or |
| 123 | 2. Have received in another state training which is |
| 124 | determined by the department to be at least equivalent to that |
| 125 | required by the department for approved firesafety inspector |
| 126 | education and training programs in this state. |
| 127 | (3)(a)1. Effective July 1, 2012, the classification of |
| 128 | special state firesafety inspector is abolished and all special |
| 129 | state firesafety inspector certifications shall expire at |
| 130 | midnight June 30, 2012. |
| 131 | 2. Any person who is a special state firesafety inspector |
| 132 | on June 30, 2012, and who has failed to comply with paragraph |
| 133 | (b) or paragraph (c) may not perform any firesafety inspection |
| 134 | required by law. |
| 135 | 3. A special state firesafety inspector certificate may |
| 136 | not be issued after June 30, 2010. |
| 137 | (b)1. Any person who is a special state firesafety |
| 138 | inspector on July 1, 2010, and who has at least 5 years of |
| 139 | experience as a special state firesafety inspector as of July 1, |
| 140 | 2010, may take the firesafety inspection examination as provided |
| 141 | in paragraph (2)(f) for firesafety inspectors before July 1, |
| 142 | 2012, to be certified as a firesafety inspector under this |
| 143 | section. |
| 144 | 2. Upon passing the examination, the person shall be |
| 145 | certified as a firesafety inspector as provided in this section. |
| 146 | 3. A person who fails to become certified must comply with |
| 147 | paragraph (c) to be certified as a firesafety inspector under |
| 148 | this section. |
| 149 | (c)1. To be certified as a firesafety inspector under this |
| 150 | section, any person who: |
| 151 | a. Is a special state firesafety inspector on July 1, |
| 152 | 2010, and who does not have 5 years of experience as a special |
| 153 | state firesafety inspector as of July 1, 2010; or |
| 154 | b. Has 5 years of experience as a special state firesafety |
| 155 | inspector but has failed the examination taken as provided in |
| 156 | paragraph (2)(f), must take an additional 80 hours of the |
| 157 | courses described in paragraph (2)(g). |
| 158 | 2. After successfully completing the courses described in |
| 159 | this paragraph, such person may take the firesafety inspection |
| 160 | examination as provided in paragraph (2)(f), if such examination |
| 161 | is taken before July 1, 2012. |
| 162 | 3. Upon passing the examination, the person shall be |
| 163 | certified as a firesafety inspector as provided in this section. |
| 164 | 4. A person who fails the course of study or the |
| 165 | examination described in this paragraph may not perform any |
| 166 | firesafety inspection required by law on or after July 1, 2012. |
| 167 | Each special state firesafety inspection which is required by |
| 168 | law and is conducted by or on behalf of an agency of the state |
| 169 | must be performed by an individual who has met the provision of |
| 170 | subsection (2), except that the duration of the training program |
| 171 | shall not exceed 120 hours of specific training for the type of |
| 172 | property that such special state firesafety inspectors are |
| 173 | assigned to inspect. |
| 174 | (4) A firefighter certified pursuant to s. 633.35 may |
| 175 | conduct firesafety inspections, under the supervision of a |
| 176 | certified firesafety inspector, while on duty as a member of a |
| 177 | fire department company conducting inservice firesafety |
| 178 | inspections without being certified as a firesafety inspector, |
| 179 | if such firefighter has satisfactorily completed an inservice |
| 180 | fire department company inspector training program of at least |
| 181 | 24 hours' duration as provided by rule of the department. |
| 182 | (5) Every firesafety inspector or special state firesafety |
| 183 | inspector certificate is valid for a period of 3 years from the |
| 184 | date of issuance. Renewal of certification shall be subject to |
| 185 | the affected person's completing proper application for renewal |
| 186 | and meeting all of the requirements for renewal as established |
| 187 | under this chapter or by rule adopted under this chapter |
| 188 | promulgated thereunder, which shall include completion of at |
| 189 | least 40 hours during the preceding 3-year period of continuing |
| 190 | education as required by the rule of the department or, in lieu |
| 191 | thereof, successful passage of an examination as established by |
| 192 | the department. |
| 193 | (6) The State Fire Marshal may deny, refuse to renew, |
| 194 | suspend, or revoke the certificate of a firesafety inspector or |
| 195 | special state firesafety inspector if the State Fire Marshal it |
| 196 | finds that any of the following grounds exist: |
| 197 | (a) Any cause for which issuance of a certificate could |
| 198 | have been refused had it then existed and been known to the |
| 199 | State Fire Marshal. |
| 200 | (b) Violation of this chapter or any rule or order of the |
| 201 | State Fire Marshal. |
| 202 | (c) Falsification of records relating to the certificate. |
| 203 | (d) Having been found guilty of or having pleaded guilty |
| 204 | or nolo contendere to a felony, whether or not a judgment of |
| 205 | conviction has been entered. |
| 206 | (e) Failure to meet any of the renewal requirements. |
| 207 | (f) Having been convicted of a crime in any jurisdiction |
| 208 | which directly relates to the practice of fire code inspection, |
| 209 | plan review, or administration. |
| 210 | (g) Making or filing a report or record that the |
| 211 | certificateholder knows to be false, or knowingly inducing |
| 212 | another to file a false report or record, or knowingly failing |
| 213 | to file a report or record required by state or local law, or |
| 214 | knowingly impeding or obstructing such filing, or knowingly |
| 215 | inducing another person to impede or obstruct such filing. |
| 216 | (h) Failing to properly enforce applicable fire codes or |
| 217 | permit requirements within this state which the |
| 218 | certificateholder knows are applicable by committing willful |
| 219 | misconduct, gross negligence, gross misconduct, repeated |
| 220 | negligence, or negligence resulting in a significant danger to |
| 221 | life or property. |
| 222 | (i) Accepting labor, services, or materials at no charge |
| 223 | or at a noncompetitive rate from any person who performs work |
| 224 | that is under the enforcement authority of the certificateholder |
| 225 | and who is not an immediate family member of the |
| 226 | certificateholder. For the purpose of this paragraph, the term |
| 227 | "immediate family member" means a spouse, child, parent, |
| 228 | sibling, grandparent, aunt, uncle, or first cousin of the person |
| 229 | or the person's spouse or any person who resides in the primary |
| 230 | residence of the certificateholder. |
| 231 | (7) The department shall provide by rule for the |
| 232 | certification of firesafety inspectors. |
| 233 | (8) The State Fire Marshal may develop by rule an advanced |
| 234 | training and certification program for firesafety inspectors |
| 235 | with fire code management responsibilities. This program must be |
| 236 | consistent with the appropriate provisions of National Fire |
| 237 | Protection Association publication NFPA No. 1037 or similar |
| 238 | standards adopted by the division. The program must establish |
| 239 | minimum training, education, and experience levels for fire |
| 240 | safety inspectors with fire code management responsibilities. |
| 241 | (9) The Division of State Fire Marshal, and the Florida |
| 242 | Building Code Administrators and Inspectors Board established |
| 243 | pursuant to s. 468.605, shall enter into a reciprocity agreement |
| 244 | to facilitate joint recognition of continuing education |
| 245 | recertification hours for certificateholders licensed in |
| 246 | accordance with s. 468.609 and firesafety inspectors certified |
| 247 | under this section. |
| 248 | Section 4. Section 1013.12, Florida Statutes, is amended |
| 249 | to read: |
| 250 | 1013.12 Casualty, safety, sanitation, and firesafety |
| 251 | standards and inspection of property.- |
| 252 | (1) FIRESAFETY.-The State Board of Education shall adopt |
| 253 | and administer rules prescribing standards for the safety and |
| 254 | health of occupants of educational and ancillary plants as a |
| 255 | part of State Requirements for Educational Facilities or the |
| 256 | Florida Building Code for educational facilities construction as |
| 257 | provided in s. 1013.37, except that the State Fire Marshal in |
| 258 | consultation with the Department of Education shall adopt |
| 259 | uniform firesafety standards for educational and ancillary |
| 260 | plants and educational facilities, as provided in s. |
| 261 | 633.022(1)(b), and a firesafety evaluation system to be used as |
| 262 | an alternate firesafety inspection standard for existing |
| 263 | educational and ancillary plants and educational facilities. The |
| 264 | uniform firesafety standards and the alternate firesafety |
| 265 | evaluation system shall be administered and enforced by local |
| 266 | fire officials certified by the State Fire Marshal under s. |
| 267 | 633.081. These standards must be used by all public agencies |
| 268 | when inspecting public educational and ancillary plants, and the |
| 269 | firesafety standards must be used by county, municipal, or |
| 270 | independent special local fire control district inspectors |
| 271 | officials when performing firesafety inspections of public |
| 272 | educational and ancillary plants and educational facilities. In |
| 273 | accordance with such standards, each board shall prescribe |
| 274 | policies and procedures establishing a comprehensive program of |
| 275 | safety and sanitation for the protection of occupants of public |
| 276 | educational and ancillary plants. Such policies must contain |
| 277 | procedures for periodic inspections as prescribed in this |
| 278 | section or chapter 633 and for withdrawal of any educational and |
| 279 | ancillary plant, or portion thereof, from use until unsafe or |
| 280 | unsanitary conditions are corrected or removed. |
| 281 | (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL |
| 282 | BOARDS.- |
| 283 | (a) Each board shall provide for periodic inspection, |
| 284 | other than firesafety inspection, of each educational and |
| 285 | ancillary plant at least once during each fiscal year to |
| 286 | determine compliance with standards of sanitation and casualty |
| 287 | safety prescribed in the rules of the State Board of Education. |
| 288 | (b) Each school cafeteria must post in a visible location |
| 289 | and on the school website the school's semiannual sanitation |
| 290 | certificate and a copy of its most recent sanitation inspection |
| 291 | report. |
| 292 | (c) Under the direction of the fire official appointed by |
| 293 | the board under s. 1013.371(2), firesafety inspections of each |
| 294 | educational and ancillary plant located on property owned or |
| 295 | leased by the board, or other educational facilities operated by |
| 296 | the board, must be made no sooner than 1 year after issuance of |
| 297 | a certificate of occupancy and annually thereafter. Such |
| 298 | inspections shall be made by persons certified by the Division |
| 299 | of State Fire Marshal under s. 633.081 to be eligible to conduct |
| 300 | firesafety inspections in public educational and ancillary |
| 301 | plants. The board shall submit a copy of the firesafety |
| 302 | inspection report to the county, municipality, or independent |
| 303 | special fire control district providing fire protection services |
| 304 | to the school facility within 10 business days after the date of |
| 305 | the inspection. Alternate schedules for delivery of reports may |
| 306 | be agreed upon between the school district and the county, |
| 307 | municipality, or independent special fire control district |
| 308 | providing fire protection services to the site in cases in which |
| 309 | delivery is impossible due to hurricanes or other natural |
| 310 | disasters. Regardless, if immediate life-threatening |
| 311 | deficiencies are noted in the report, the report shall be |
| 312 | delivered immediately State Fire Marshal and, if there is a |
| 313 | local fire official who conducts firesafety inspections, to the |
| 314 | local fire official. In addition, the board and any other |
| 315 | authority conducting the fire safety inspection shall certify to |
| 316 | the State Fire Marshal that the annual inspection has been |
| 317 | completed. The certification shall be made electronically or by |
| 318 | such other means as directed by the State Fire Marshal. |
| 319 | (d) In each firesafety inspection report, the board shall |
| 320 | include a plan of action and a schedule for the correction of |
| 321 | each deficiency which have been formulated in consultation with |
| 322 | the local fire control authority. If immediate life-threatening |
| 323 | deficiencies are noted in any inspection, the board shall either |
| 324 | take action to promptly correct the deficiencies or withdraw the |
| 325 | educational or ancillary plant from use until such time as the |
| 326 | deficiencies are corrected. |
| 327 | (3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC |
| 328 | AGENCIES.- |
| 329 | (a) A safety or sanitation inspection of any educational |
| 330 | or ancillary plant may be made at any time by the Department of |
| 331 | Education or any other state or local agency authorized or |
| 332 | required to conduct such inspections by either general or |
| 333 | special law. Each agency conducting inspections shall use the |
| 334 | standards adopted by the Commissioner of Education in lieu of, |
| 335 | and to the exclusion of, any other inspection standards |
| 336 | prescribed either by statute or administrative rule. The agency |
| 337 | shall submit a copy of the inspection report to the board. |
| 338 | (b) One firesafety inspection of each educational or |
| 339 | ancillary plant located on the property owned or leased by the |
| 340 | board, or other educational or ancillary plants operated by the |
| 341 | school board, and each public college may must be conducted no |
| 342 | sooner than 1 year after the issuance of the certificate of |
| 343 | occupancy and annually thereafter each fiscal year by the |
| 344 | county, municipality, or independent special fire control |
| 345 | district in which the plant is located using the standards |
| 346 | adopted by the State Fire Marshal. The board or public college |
| 347 | shall cooperate with the inspecting authority when a firesafety |
| 348 | inspection is made by a governmental authority under this |
| 349 | paragraph. |
| 350 | (c) In each firesafety inspection report prepared pursuant |
| 351 | to this subsection, the county, municipality, or independent |
| 352 | special local fire control district, official in conjunction |
| 353 | with the board, shall include a plan of action and a schedule |
| 354 | for the correction of each deficiency. If immediate life- |
| 355 | threatening deficiencies are noted in any inspection, the local |
| 356 | county, municipality, or independent special fire control |
| 357 | district, in conjunction with the fire official appointed by the |
| 358 | board, shall either take action to require the board to promptly |
| 359 | correct the deficiencies or withdraw the educational or |
| 360 | ancillary plant facility from use until the deficiencies are |
| 361 | corrected, subject to review by the State Fire Marshal who shall |
| 362 | act within 10 days to ensure that the deficiencies are corrected |
| 363 | or withdraw the plant facility from use. |
| 364 | (4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY |
| 365 | DEFICIENCIES.-Upon failure of the board to take corrective |
| 366 | action within a reasonable time, the agency making the |
| 367 | inspection, other than a local fire official, may request the |
| 368 | commissioner to: |
| 369 | (a) Order that appropriate action be taken to correct all |
| 370 | deficiencies in accordance with a schedule determined jointly by |
| 371 | the inspecting authority and the board; in developing the |
| 372 | schedule, consideration must be given to the seriousness of the |
| 373 | deficiencies and the ability of the board to obtain the |
| 374 | necessary funds; or |
| 375 | (b) After 30 calendar days' notice to the board, order all |
| 376 | or a portion of the educational or ancillary plant withdrawn |
| 377 | from use until the deficiencies are corrected. |
| 378 | (5) INSPECTIONS OF CHARTER SCHOOLS NOT LOCATED ON BOARD- |
| 379 | OWNED OR LEASED PROPERTY OR OTHERWISE OPERATED BY A SCHOOL |
| 380 | BOARD.- |
| 381 | (a) A safety or sanitation inspection of any educational |
| 382 | or ancillary plant may be made at any time by a state or local |
| 383 | agency authorized or required to conduct such inspections by |
| 384 | general or special law. The agency shall submit a copy of the |
| 385 | inspection report to the charter school sponsor. |
| 386 | (b) One firesafety inspection of each charter school that |
| 387 | is not located in facilities owned or leased by the board or a |
| 388 | public college must be conducted each fiscal year by the county, |
| 389 | municipality, or independent special fire control district in |
| 390 | which the charter school is located using the standards adopted |
| 391 | by the State Fire Marshal. Upon request, the inspecting |
| 392 | authority shall provide a copy of each firesafety report to the |
| 393 | board in the district in which the facility is located. |
| 394 | (c) In each firesafety inspection report and formulated in |
| 395 | consultation with the charter school, the inspecting authority |
| 396 | shall include a plan of action and a schedule for the correction |
| 397 | of each deficiency. If any immediate life-threatening deficiency |
| 398 | is noted in any inspection, the inspecting authority shall take |
| 399 | action to require the charter school to promptly correct each |
| 400 | deficiency or withdraw the educational or ancillary plant from |
| 401 | use until such time as all deficiencies are corrected. |
| 402 | (d) If the charter school fails to take corrective action |
| 403 | within the period designated in the plan of action to correct |
| 404 | any firesafety deficiency noted under paragraph (c), the county, |
| 405 | municipality, or independent special fire control district shall |
| 406 | immediately report the deficiency to the State Fire Marshal and |
| 407 | the charter school sponsor. The State Fire Marshal shall have |
| 408 | enforcement authority with respect to charter school educational |
| 409 | and ancillary plants and educational facilities as provided in |
| 410 | chapter 633 for any building or structure. |
| 411 | (6)(5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION |
| 412 | FACILITIES.- |
| 413 | (a) Firesafety inspections of public community college |
| 414 | facilities, including charter schools located on board-owned or |
| 415 | board-leased facilities or otherwise operated by public college |
| 416 | boards, shall be made in accordance comply with the Florida Fire |
| 417 | Prevention Code, as adopted by the State Fire Marshal. |
| 418 | Notwithstanding s. 633.0215, provisions of the code relating to |
| 419 | inspections of such facilities may not be subject to any local |
| 420 | amendments as provided by s. 1013.371. Each public college |
| 421 | facility shall be inspected annually by persons certified under |
| 422 | s. 633.081 Board of Education rules. |
| 423 | (b) After each required firesafety inspection, the |
| 424 | inspecting authority shall develop a plan of action to correct |
| 425 | each deficiency identified. The public college shall provide a |
| 426 | copy of each firesafety inspection report to the county, |
| 427 | municipality, or independent special fire control district in |
| 428 | which the facility is located. |
| 429 | (c)(b) Firesafety inspections of state universities shall |
| 430 | comply with the Florida Fire Prevention Code, as adopted by the |
| 431 | State Fire Marshal under s. 633.0215 rules of the Board of |
| 432 | Governors. |
| 433 | (7)(6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.-If a |
| 434 | school Upon failure of the board, public college board, or |
| 435 | charter school fails to correct any firesafety deficiency noted |
| 436 | under this section take corrective action within the time |
| 437 | designated in the plan of action to correct any firesafety |
| 438 | deficiency noted under paragraph (2)(d) or paragraph (3)(c), the |
| 439 | inspecting authority local fire official shall immediately |
| 440 | report the deficiency to the State Fire Marshal, who shall have |
| 441 | enforcement authority with respect to educational and ancillary |
| 442 | plants and educational facilities as provided in chapter 633 for |
| 443 | any other building or structure. |
| 444 | (8)(7) ADDITIONAL STANDARDS.-In addition to any other |
| 445 | rules adopted under this section or s. 633.022, the State Fire |
| 446 | Marshal in consultation with the Department of Education shall |
| 447 | adopt and administer rules prescribing the following standards |
| 448 | for the safety and health of occupants of educational and |
| 449 | ancillary plants: |
| 450 | (a) The designation of serious life-safety hazards, |
| 451 | including, but not limited to, nonfunctional fire alarm systems, |
| 452 | nonfunctional fire sprinkler systems, doors with padlocks or |
| 453 | other locks or devices that preclude egress at any time, |
| 454 | inadequate exits, hazardous electrical system conditions, |
| 455 | potential structural failure, and storage conditions that create |
| 456 | a fire hazard. |
| 457 | (b) The proper placement of functional smoke and heat |
| 458 | detectors and accessible, unexpired fire extinguishers. |
| 459 | (c) The maintenance of fire doors without doorstops or |
| 460 | wedges improperly holding them open. |
| 461 | (8) ANNUAL REPORT.-The State Fire Marshal shall publish an |
| 462 | annual report to be filed with the substantive committees of the |
| 463 | state House of Representatives and Senate having jurisdiction |
| 464 | over education, the Commissioner of Education or his or her |
| 465 | successor, the State Board of Education, the Board of Governors, |
| 466 | and the Governor documenting the status of each board's |
| 467 | firesafety program, including the improvement or lack thereof. |
| 468 | Section 5. Paragraph (a) of subsection (1) and subsection |
| 469 | (2) of section 1013.371, Florida Statutes, are amended to read: |
| 470 | 1013.371 Conformity to codes.- |
| 471 | (1) CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE |
| 472 | PREVENTION CODE REQUIRED FOR APPROVAL.- |
| 473 | (a) Except as otherwise provided in paragraph (b), all |
| 474 | public educational and ancillary plants constructed by a board |
| 475 | must conform to the Florida Building Code and the Florida Fire |
| 476 | Prevention Code, and the plants are exempt from all other state |
| 477 | building codes; county, municipal, or other local amendments to |
| 478 | the Florida Building Code and local amendments to the Florida |
| 479 | Fire Prevention Code; building permits, and assessments of fees |
| 480 | for building permits, except as provided in s. 553.80; |
| 481 | ordinances; road closures; and impact fees or service |
| 482 | availability fees. Any inspection by local or state government |
| 483 | must be based on the Florida Building Code and the Florida Fire |
| 484 | Prevention Code. Each board shall provide for periodic |
| 485 | inspection of the proposed educational plant during each phase |
| 486 | of construction to determine compliance with the Florida |
| 487 | Building Code, the Florida Fire Prevention Code, and the State |
| 488 | Requirements for Educational Facilities. |
| 489 | (2) ENFORCEMENT BY BOARD.-It is the responsibility of each |
| 490 | board to ensure that all plans and educational and ancillary |
| 491 | plants meet the standards of the Florida Building Code and the |
| 492 | Florida Fire Prevention Code and to provide for the enforcement |
| 493 | of these codes in the areas of its jurisdiction. Each board |
| 494 | shall provide for the proper supervision and inspection of the |
| 495 | work. Each board may employ a chief building official or |
| 496 | inspector and such other inspectors, who have been certified |
| 497 | pursuant to chapter 468, and a fire official and such other |
| 498 | inspectors, who have been certified pursuant to chapter 633, and |
| 499 | such personnel as are necessary to administer and enforce the |
| 500 | provisions of such codes this code. Boards may also use local |
| 501 | building department inspectors who are certified by the |
| 502 | department to enforce the Florida Building Code and the State |
| 503 | Requirements for Educational Facilities this code. Boards may |
| 504 | also use local county, municipal, or independent special fire |
| 505 | control district firesafety inspectors who are certified by the |
| 506 | State Fire Marshal to conduct reviews of site plans and |
| 507 | inspections and to enforce the Florida Fire Prevention Code. |
| 508 | Plans or facilities that fail to meet the standards of the |
| 509 | Florida Building Code or the Florida Fire Prevention Code may |
| 510 | not be approved. When planning for and constructing an |
| 511 | educational, auxiliary, or ancillary facility, a board must use |
| 512 | construction materials and systems that meet standards adopted |
| 513 | pursuant to s. 1013.37(1)(e)3. and 4. If the planned or actual |
| 514 | construction of a facility deviates from the adopted standards, |
| 515 | the board must, at a public hearing, quantify and compare the |
| 516 | costs of constructing the facility with the proposed deviations |
| 517 | and in compliance with the adopted standards and the Florida |
| 518 | Building Code. The board must explain the reason for the |
| 519 | proposed deviations and compare how the total construction costs |
| 520 | and projected life-cycle costs of the facility or component |
| 521 | system of the facility would be affected by implementing the |
| 522 | proposed deviations rather than using materials and systems that |
| 523 | meet the adopted standards. |
| 524 | Section 6. Section 1013.38, Florida Statutes, is amended |
| 525 | to read: |
| 526 | 1013.38 Boards to ensure that facilities comply with |
| 527 | building codes and life safety codes.- |
| 528 | (1) Boards shall ensure that all new construction, |
| 529 | renovation, remodeling, day labor, and maintenance projects |
| 530 | conform to the appropriate sections of the Florida Building |
| 531 | Code, Florida Fire Prevention Code, or, where applicable as |
| 532 | authorized in other sections of law, other building codes, and |
| 533 | life safety codes. |
| 534 | (a) For each proposed new facility and each proposed new |
| 535 | facility addition exceeding 2,500 square feet, the board shall |
| 536 | submit for review a minimum of one copy of the site plan to the |
| 537 | local county, municipality, or independent special fire control |
| 538 | district providing fire-protection services to the facility. |
| 539 | (b) The local county, municipality, or independent special |
| 540 | fire control district may review each site plan for compliance |
| 541 | with the applicable provisions of the Florida Fire Prevention |
| 542 | Code relating to fire department access roads, fire-protection |
| 543 | system connection locations, and fire hydrant spacing. Such site |
| 544 | plans are not subject to local amendments to the Florida Fire |
| 545 | Prevention Code or local ordinances as provided in s. 1013.371. |
| 546 | Site plan reviews conducted pursuant to this section shall be |
| 547 | performed at no charge to the school board or public college |
| 548 | board. |
| 549 | (c) The site plan shall be deemed approved unless the |
| 550 | local county, municipality, or independent special fire control |
| 551 | district submits to the fire official appointed by the board, in |
| 552 | writing, any deficiencies identified with reference to specific |
| 553 | provisions of the Florida Fire Prevention Code within 15 days |
| 554 | after receipt of the site plan. The fire official shall |
| 555 | incorporate such comments into his or her review and subsequent |
| 556 | inspections. |
| 557 | (d) If the local county, municipality, or independent |
| 558 | special fire control district and the fire official appointed by |
| 559 | the board do not agree on the requirements or application of the |
| 560 | Florida Fire Prevention Code, either party may refer the matter |
| 561 | to the State Fire Marshal, who shall have final administrative |
| 562 | authority in resolving the matter. |
| 563 | (2) In addition to the submission of site plans, boards |
| 564 | may provide compliance as follows: |
| 565 | (a) Boards or consortia may individually or cooperatively |
| 566 | provide review services under the insurance risk management |
| 567 | oversight through the use of board employees or consortia |
| 568 | employees, registered pursuant to chapter 471, chapter 481, or |
| 569 | part XII of chapter 468 and firesafety inspectors certified |
| 570 | under s. 633.081. |
| 571 | (b) Boards may elect to review construction documents |
| 572 | using their own employees registered pursuant to chapter 471, |
| 573 | chapter 481, or part XII of chapter 468 and firesafety |
| 574 | inspectors certified under s. 633.081. |
| 575 | (c) Boards may submit phase III construction documents for |
| 576 | review to the department. |
| 577 | (d) Boards or consortia may contract for plan review |
| 578 | services directly with engineers and architects registered |
| 579 | pursuant to chapter 471 or chapter 481 and firesafety inspectors |
| 580 | certified under s. 633.081. |
| 581 | (3) The Department of Management Services may, upon |
| 582 | request, provide facilities services for the Florida School for |
| 583 | the Deaf and the Blind, the Division of Blind Services, and |
| 584 | public broadcasting. As used in this section, the term |
| 585 | "facilities services" means project management, code and design |
| 586 | plan review, and code compliance inspection for projects as |
| 587 | defined in s. 287.017(1)(e). |
| 588 | (4)(a) Before the commencement of any new construction, |
| 589 | renovation, or remodeling, the board shall: |
| 590 | 1. Approve or cause to be approved the construction |
| 591 | documents and evaluate such documents for compliance with the |
| 592 | Florida Building Code and the Florida Fire Prevention Code. |
| 593 | 2. Ensure compliance with all applicable firesafety codes |
| 594 | and standards by contracting with a firesafety inspector |
| 595 | certified by the State Fire Marshal under s. 633.081. |
| 596 | (b) A certificate of occupancy may not be issued until the |
| 597 | board, through its designated certified building official, has |
| 598 | determined that the building or structure and its site |
| 599 | conditions comply with all applicable statutes and rules. |
| 600 | (c) The method of compliance as chosen by the board |
| 601 | pursuant to subsection (2) shall be documented and maintained as |
| 602 | part of the construction record file. |
| 603 | (d) Upon request by the local county, municipality, or |
| 604 | independent special fire control district, the board shall |
| 605 | provide reasonable access to all construction documents. |
| 606 | Section 7. This act shall take effect July 1, 2010. |