Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1148
       
       
       
       
       
                               Ì135278FÎ135278                          
       
       576-03397-15                                                    
       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; exempting nonresidential farm
    4         buildings and agricultural pole barns, rather than
    5         specified structures located on agricultural property,
    6         from the Florida Fire Prevention Code under specified
    7         circumstances; authorizing the local fire official to
    8         request notification of certain events held in a
    9         nonresidential farm building; requiring the State Fire
   10         Marshal to conduct a study addressing certain
   11         secondary uses of nonresidential farm buildings;
   12         requiring the State Fire Marshal to convene a
   13         workgroup by a specified date to assist with the
   14         study; requiring the State Fire Marshal to initiate
   15         rulemaking by a specified date if the study determines
   16         that certain life safety or fire prevention standards
   17         are required; revising the maximum measurements of a
   18         tent that is exempt from the Florida Fire Prevention
   19         Code; amending s. 633.208, F.S.; authorizing a local
   20         fire official to consider a specified publication when
   21         identifying an alternative to a firesafety code;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (16) of section 633.202, Florida
   27  Statutes, is amended to read:
   28         633.202 Florida Fire Prevention Code.—
   29         (16)(a) As used in this subsection, the term:
   30         1. “Agricultural pole barn” means a nonresidential farm
   31  building in which 90 percent or more of the perimeter walls are
   32  permanently open and allow free ingress and egress.
   33         2.“Nonresidential farm building” has the same meaning
   34  provided in s. 604.50.
   35         (b) A nonresidential farm building structure, located on
   36  property that is classified for ad valorem purposes as
   37  agricultural, which is part of a farming or ranching operation,
   38  in which the occupancy is limited by the property owner to no
   39  more than 35 persons, and which is not used by the public for
   40  direct sales or as an educational outreach facility, is exempt
   41  from the Florida Fire Prevention Code, including the national
   42  codes and Life Safety Code incorporated by reference. This
   43  paragraph does not include structures used for residential or
   44  assembly occupancies, as defined in the Florida Fire Prevention
   45  Code.
   46         (c) Notwithstanding any other provision of law, a
   47  nonresidential farm building is exempt from the Florida Fire
   48  Prevention Code, including the national codes and the Life
   49  Safety Code incorporated by reference, if all of the following
   50  conditions are met:
   51         1. The nonresidential farm building is used occasionally by
   52  the owner only for the secondary purposes of assembly, business,
   53  or mercantile occupancy, as defined in the Florida Fire
   54  Prevention Code, and is not used for lodging purposes.
   55         2. Each event has less than 100 persons occupying the
   56  building at one time.
   57         3. There are at least two means of egress or openings of at
   58  least 36 inches in width and 80 inches in height.
   59         4. The nonresidential farm building provides at least 7
   60  square feet per person in attendance if the building is not
   61  concentrated with chairs, tables, or other obstacles, and 15
   62  square feet per person in attendance if the building is
   63  concentrated with chairs, tables, or other obstacles.
   64         5. The storage of combustible or flammable liquids inside
   65  the nonresidential farm building during each event is not
   66  permitted.
   67         (d) The local fire official may request to be notified of
   68  an event that is subject to the conditions of paragraph (c).
   69         (e) Notwithstanding any other provision of law, an
   70  agricultural pole barn is exempt from the Florida Fire
   71  Prevention Code, including the national fire codes and the Life
   72  Safety Code incorporated by reference.
   73         (f) The State Fire Marshal shall conduct a study on the
   74  secondary use of nonresidential farm buildings as assembly
   75  occupancies that exceed 100 persons in attendance and on the
   76  development of a fire safety evaluation system for
   77  nonresidential farm buildings used as assembly occupancies.
   78         1. The State Fire Marshal shall convene a workgroup on or
   79  before September 1, 2015, to assist with the study. The
   80  workgroup must include a representative of the Florida
   81  Agritourism Association, the Florida Farm Bureau, the Department
   82  of Agriculture and Consumer Services, the Florida Fire Chiefs
   83  Association, the Florida Professional Firefighters Association,
   84  the Florida Fire Marshals and Inspectors Association, and the
   85  Florida Volunteer Firefighters Association. The workgroup may
   86  include other interested parties.
   87         2. If the study determines that the secondary use of
   88  nonresidential farm buildings as described in this paragraph
   89  requires alternative life safety or fire prevention standards
   90  instead of those currently specified in the Florida Fire
   91  Prevention Code, the State Fire Marshal shall in coordination
   92  with the Department of Agriculture and Consumer Services adopt
   93  the alternative standards by rule. Such rulemaking shall be
   94  initiated on or before December 1, 2015.
   95         (17)(b) A tent up to 900 square 30 feet by 30 feet is
   96  exempt from the Florida Fire Prevention Code, including the
   97  national codes incorporated by reference.
   98         Section 2. Subsection (5) of section 633.208, Florida
   99  Statutes, is amended to read:
  100         633.208 Minimum firesafety standards.—
  101         (5) With regard to existing buildings, the Legislature
  102  recognizes that it is not always practical to apply any or all
  103  of the provisions of the Florida Fire Prevention Code and that
  104  physical limitations may require disproportionate effort or
  105  expense with little increase in fire or life safety. Before
  106  Prior to applying the minimum firesafety code to an existing
  107  building, the local fire official shall determine that a threat
  108  to lifesafety or property exists. If a threat to lifesafety or
  109  property exists, the fire official shall apply the applicable
  110  firesafety code for existing buildings to the extent practical
  111  to assure a reasonable degree of lifesafety and safety of
  112  property or the fire official shall fashion a reasonable
  113  alternative that which affords an equivalent degree of
  114  lifesafety and safety of property. The local fire official may
  115  consider the Fire Safety Evaluation System found in NFPA 101A,
  116  Guide on Alternative Solutions to Life Safety, adopted by the
  117  State Fire Marshal, as an acceptable source for the
  118  identification of low-cost, reasonable alternatives. The
  119  decision of the local fire official may be appealed to the local
  120  administrative board described in s. 553.73.
  121         Section 3. This act shall take effect July 1, 2015.