Section 235.06, Florida Statutes 2001
235.06 Safety and sanitation standards and inspection of property.--The Commissioner of Education shall adopt and administer rules prescribing standards for the safety and health of occupants of educational and ancillary plants as a part of the State Uniform Building Code for Public Educational Facilities Construction as provided in s. 235.26, the provisions of chapter 633 to the contrary notwithstanding. These standards must be used by all public agencies when inspecting public educational and ancillary plants. In accordance with such standards, each board shall prescribe policies and procedures establishing a comprehensive program of safety and sanitation for the protection of occupants of public educational and ancillary plants. Such policies must contain procedures for periodic inspections as prescribed herein and for withdrawal of any educational and ancillary plant, or portion thereof, from use until unsafe or unsanitary conditions are corrected or removed.
(1) PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--
(a) Each board shall provide for periodic inspection of each educational and ancillary plant at least once during each fiscal year to determine compliance with standards of sanitation and casualty safety prescribed in the rules of the commissioner.
(b) Firesafety inspections of each educational and ancillary plant must be made annually by persons certified by the Division of State Fire Marshal to be eligible to conduct firesafety inspections in public educational and ancillary plants.
(c) In each firesafety inspection report, the board shall include a plan of action and a schedule for the correction of each deficiency. If immediate life-threatening deficiencies are noted in any inspection, the board shall either take action to promptly correct the deficiencies or withdraw the educational or ancillary plant from use until such time as the deficiencies are corrected.
(2) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC AGENCIES.--
(a) A safety or sanitation inspection of any educational or ancillary plant may be made at any time by the Department of Education or any other state or local agency authorized or required to conduct such inspections by either general or special law. Each agency conducting inspections shall use the standards adopted by the Commissioner of Education in lieu of, and to the exclusion of, any other inspection standards prescribed either by statute or administrative rule, the provisions of chapter 633 to the contrary notwithstanding. The agency shall submit a copy of the inspection report to the board.
(b) In addition to school board inspections, the applicable local fire control authority shall also annually inspect educational facilities within its fire control district, using the standards adopted by the Commissioner of Education. Reports shall be filed with the school board, and a copy shall be on file with the local site administrator.
(3) CORRECTIVE ACTION.--Upon failure of the board to take corrective action within a reasonable time, the agency making the inspection may request the commissioner to:
(a) Order that appropriate action be taken to correct all deficiencies in accordance with a schedule determined jointly by the inspecting authority and the board; in developing the schedule, consideration must be given to the seriousness of the deficiencies and the ability of the board to obtain the necessary funds; or
(b) After 30 calendar days' notice to the board, order all or a portion of the educational or ancillary plant withdrawn from use until the deficiencies are corrected.
History.--s. 906, ch. 19355, 1939; CGL 1940 Supp. 892(290); s. 1, ch. 67-270; ss. 13, 15, 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 5, ch. 70-399; s. 107, ch. 72-221; s. 7, ch. 74-374; s. 5, ch. 77-458; s. 9, ch. 80-414; ss. 11, 50, 52, ch. 81-223; ss. 1, 3, ch. 81-310; ss. 5, 14, ch. 82-240; ss. 1, 4, 5, ch. 83-208; s. 1, ch. 84-349; ss. 8, 26, 27, ch. 85-116; ss. 1, 4, ch. 86-1; s. 1, ch. 89-233; ss. 8, 35, ch. 95-269; s. 142, ch. 97-190; s. 26, ch. 97-384.