The Florida Senate

633.025  Minimum firesafety standards.--

(1)  Each municipality, county, and special district with firesafety responsibilities shall adopt minimum firesafety standards which shall operate in conjunction with the state minimum building code adopted by such local jurisdiction as required by s. 553.73. The minimum firesafety standards shall not apply to buildings and structures subject to the uniform firesafety standards under s. 633.022 and buildings and structures subject to the minimum firesafety standards adopted pursuant to s. 394.879.

(2)  Pursuant to subsection (1), each municipality, county, and special district with firesafety responsibilities shall adopt and enforce the codes specified in paragraph (a), paragraph (b), paragraph (c), or paragraph (d) as the minimum firesafety code:

(a)  The Standard Fire Prevention Code, 1985 edition or subsequent edition, as adopted by the Southern Building Code Congress International.

(b)  The EPCOT Fire Prevention Code.

(c)  The National Fire Protection Association (NFPA) Pamphlet 1, 1985 edition or subsequent edition.

(d)  The South Florida Fire Prevention Code, subject to the provisions of subsection (4).

(3)  In addition, each municipality, county, and special district with firesafety responsibilities shall adopt National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition or subsequent edition, as part of the minimum firesafety code.

(4)  It is the intent of the Legislature that a South Florida Fire Prevention Code be promulgated as a further option to counties, municipalities, and special districts with firesafety responsibilities as an alternative to the firesafety codes specified in paragraphs (2)(a), (b), and (c). In the event that an appropriate South Florida Fire Prevention Code is submitted by the Broward County Board of Rules and Appeals or the Dade County Board of Rules and Appeals to the Legislature by March 1, 1988, such code or codes shall be deemed to be an alternative to the firesafety codes specified in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless the Legislature expressly prohibits the use of such code. Until July 1, 1988, Dade and Broward Counties may use the firesafety standards within their current Fire Prevention Code as an alternative. In the event Dade or Broward County fails to adopt a South Florida Fire Prevention Code as of July 1, 1988, then such county shall be subject to subsections (2), (3), and (6).

(5)  Such codes shall be minimum codes and a municipality, county, or special district with firesafety responsibilities may adopt more stringent firesafety standards. Such county, municipality, or special district may establish alternative requirements to those requirements which are required under the minimum firesafety standards on a case-by-case basis, in order to meet special situations arising from historic, geographic, or unusual conditions, if the alternative requirements result in a level of protection to life, safety, or property equal to or greater than the applicable minimum firesafety standards. For the purpose of this subsection, the term "historic" means that the building or structure is listed on the National Register of Historic Places of the United States Department of the Interior.

(6)  The minimum firesafety standards that counties, municipalities, and special districts are required to adopt pursuant to this section shall be adopted by January 1, 1988. No municipality or county or special district shall be required to amend an ordinance which presently complies with this section. In the event that any such local governmental entity fails to adopt minimum firesafety standards by January 1, 1988, the minimum firesafety standards shall consist of the Standard Fire Prevention Code, 1985 edition, and National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition.

(7)  The new building or structure provisions enumerated within the firesafety code adopted pursuant to this section shall apply only to buildings or structures for which the building permit is issued on or after January 1, 1988. Subject to the provisions of subsection (8), the existing building or structure provisions enumerated within the firesafety code adopted pursuant to this section shall apply to buildings or structures for which the building permit was issued or the building or structure was constructed prior to January 1, 1988.

(8)  With regard to existing buildings, the Legislature recognizes that it is not always practical to apply any or all of the provisions of the minimum firesafety code and that physical limitations may require disproportionate effort or expense with little increase in lifesafety. Prior to applying the minimum firesafety code to an existing building, the local fire official shall determine that a threat to lifesafety or property exists. If a threat to lifesafety or property exists, the fire official shall apply the applicable firesafety code for existing buildings to the extent practical to assure a reasonable degree of lifesafety and safety of property or the fire official shall fashion a reasonable alternative which affords an equivalent degree of lifesafety and safety of property. The decision of the local fire official may be appealed to the local administrative board described in s. 553.73.

(9)  Nothing herein shall preclude a municipality, county, or special district from requiring a structure to be maintained in accordance with the applicable firesafety code.

(10)  With respect to standards established by the National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19-3.4.2.1, those standards shall not apply to structures having direct access to the outside from each living unit and having three stories or less.

(11)  With respect to standards established by the National Fire Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s. 19-3.4.4.1, battery operated smoke detectors shall be considered as an approved detection device for buildings having direct access to the outside from each living unit and having three stories or less.

History.--s. 6, ch. 87-287; s. 1, ch. 88-362; s. 8, ch. 91-110; s. 2, ch. 91-189; s. 8, ch. 95-379.