HB 531

A bill to be entitled
2An act relating to firesafety; amending s. 633.01, F.S.;
3revising the rulemaking authority and responsibilities of
4the State Fire Marshal relating to educational and
5ancillary plants; amending s. 633.021, F.S.; revising the
6definition of the term "firesafety inspector"; amending s.
7633.081, F.S.; revising requirements and procedures for
8inspections of buildings and equipment; abolishing special
9state firesafety inspector classifications and
10certifications; providing criteria, procedures, and
11requirements for special state firesafety inspectors to be
12certified as firesafety inspectors; authorizing the State
13Fire Marshal to develop an advanced training and
14certification program for certain firesafety inspectors;
15specifying program requirements; requiring the State Fire
16Marshal and the Florida Building Code Administrators and
17Inspectors Board to enter into a reciprocity agreement to
18recognize certain continuing education recertification
19hours for certain purposes; amending s. 1013.12, F.S.;
20revising procedures and requirements for certain standards
21and inspection of educational property; providing
22procedures, criteria, and requirements for inspections of
23certain charter schools; providing reporting requirements;
24amending s. 1013.371, F.S.; revising firesafety inspection
25requirements for educational institution boards to conform
26to certain codes; revising certain code enforcement
27authority of such boards; amending s. 1013.38, F.S.;
28requiring educational institution boards to submit certain
29facility site plans to certain local governmental entities
30for review; authorizing such entities to review site plans
31for compliance with certain provisions of the Florida Fire
32Prevention Code; specifying that site plans are not
33subject to local ordinances or local amendments to the
34Florida Fire Prevention Code; providing criteria for
35approving site plans and correcting firesafety compliance
36deficiencies; providing for referral of disputes to the
37State Fire Marshal; authorizing such boards to use certain
38firesafety inspectors for certain compliance reviews;
39imposing additional requirements for such boards relating
40to construction, renovation, or remodeling of educational
41facilities; providing an effective date.
43Be It Enacted by the Legislature of the State of Florida:
45     Section 1.  Subsection (7) of section 633.01, Florida
46Statutes, is amended to read:
47     633.01  State Fire Marshal; powers and duties; rules.-
48     (7)  The State Fire Marshal, in consultation with the
49Department of Education, shall adopt and administer rules
50prescribing standards for the safety and health of occupants of
51educational and ancillary facilities pursuant to ss. 633.022,
521013.12, 1013.37, and 1013.371. In addition, in any county that
53does not employ or appoint a firesafety inspector certified
54under s. 633.081 local fire official, the State Fire Marshal
55shall assume the duties of the local county, municipality, or
56independent special fire control district as defined in s.
57191.003 fire official with respect to firesafety inspections of
58educational property required under s. 1013.12(3)(b), and the
59State Fire Marshal may take necessary corrective action as
60authorized under s. 1013.12(7)(6).
61     Section 2.  Subsection (10) of section 633.021, Florida
62Statutes, is amended to read:
63     633.021  Definitions.-As used in this chapter:
64     (10)  A "firesafety inspector" is an individual certified
65by the State Fire Marshal under s. 633.081 who is officially
66assigned the duties of conducting firesafety inspections of
67buildings and facilities on a recurring or regular basis on
68behalf of the state or any county, municipality, or special
69district with firesafety responsibilities.
70     Section 3.  Section 633.081, Florida Statutes, is amended
71to read:
72     633.081  Inspection of buildings and equipment; orders;
73firesafety inspection training requirements; certification;
74disciplinary action.-The State Fire Marshal and her or his
75agents may shall, at any reasonable hour, when the State Fire
76Marshal department has reasonable cause to believe that a
77violation of this chapter or s. 509.215, or a rule adopted under
78this chapter or s. 509.215 promulgated thereunder, or a minimum
79firesafety code adopted by the State Fire Marshal or a local
80authority, may exist, inspect any and all buildings and
81structures which are subject to the requirements of this chapter
82or s. 509.215 and any rule adopted under this chapter or s.
83509.215 rules promulgated thereunder. The authority to inspect
84shall extend to all equipment, vehicles, and chemicals which are
85located on or within the premises of any such building or
87     (1)  Each county, municipality, and special district that
88has firesafety enforcement responsibilities shall employ or
89contract with a firesafety inspector. The firesafety inspector
90must conduct all firesafety inspections that are required by
91law. The governing body of a county, municipality, or special
92district that has firesafety enforcement responsibilities may
93provide a schedule of fees to pay only the costs of inspections
94conducted pursuant to this subsection and related administrative
95expenses. Two or more counties, municipalities, or special
96districts that have firesafety enforcement responsibilities may
97jointly employ or contract with a firesafety inspector.
98     (2)  Every firesafety inspection conducted pursuant to
99state or local firesafety requirements shall be by a person
100certified as having met the inspection training requirements set
101by the State Fire Marshal. Such person shall:
102     (a)  Be a high school graduate or the equivalent as
103determined by the department;
104     (b)  Not have been found guilty of, or having pleaded
105guilty or nolo contendere to, a felony or a crime punishable by
106imprisonment of 1 year or more under the law of the United
107States, or of any state thereof, which involves moral turpitude,
108without regard to whether a judgment of conviction has been
109entered by the court having jurisdiction of such cases;
110     (c)  Have her or his fingerprints on file with the
111department or with an agency designated by the department;
112     (d)  Have good moral character as determined by the
114     (e)  Be at least 18 years of age;
115     (f)  Have satisfactorily completed the firesafety inspector
116certification examination as prescribed by the department; and
117     (g)1.  Have satisfactorily completed, as determined by the
118department, a firesafety inspector training program of not less
119than 200 hours established by the department and administered by
120agencies and institutions approved by the department for the
121purpose of providing basic certification training for firesafety
122inspectors; or
123     2.  Have received in another state training which is
124determined by the department to be at least equivalent to that
125required by the department for approved firesafety inspector
126education and training programs in this state.
127     (3)(a)1.  Effective July 1, 2012, the classification of
128special state firesafety inspector is abolished and all special
129state firesafety inspector certifications shall expire at
130midnight June 30, 2012.
131     2.  Any person who is a special state firesafety inspector
132on June 30, 2012, and who has failed to comply with paragraph
133(b) or paragraph (c) may not perform any firesafety inspection
134required by law.
135     3.  A special state firesafety inspector certificate may
136not be issued after June 30, 2010.
137     (b)1.  Any person who is a special state firesafety
138inspector on July 1, 2010, and who has at least 5 years of
139experience as a special state firesafety inspector as of July 1,
1402010, may take the firesafety inspection examination as provided
141in paragraph (2)(f) for firesafety inspectors before July 1,
1422012, to be certified as a firesafety inspector under this
144     2.  Upon passing the examination, the person shall be
145certified as a firesafety inspector as provided in this section.
146     3.  A person who fails to become certified must comply with
147paragraph (c) to be certified as a firesafety inspector under
148this section.
149     (c)1.  To be certified as a firesafety inspector under this
150section, any person who:
151     a.  Is a special state firesafety inspector on July 1,
1522010, and who does not have 5 years of experience as a special
153state firesafety inspector as of July 1, 2010; or
154     b.  Has 5 years of experience as a special state firesafety
155inspector but has failed the examination taken as provided in
156paragraph (2)(f), must take an additional 80 hours of the
157courses described in paragraph (2)(g).
158     2.  After successfully completing the courses described in
159this paragraph, such person may take the firesafety inspection
160examination as provided in paragraph (2)(f), if such examination
161is taken before July 1, 2012.
162     3.  Upon passing the examination, the person shall be
163certified as a firesafety inspector as provided in this section.
164     4.  A person who fails the course of study or the
165examination described in this paragraph may not perform any
166firesafety inspection required by law on or after July 1, 2012.
167Each special state firesafety inspection which is required by
168law and is conducted by or on behalf of an agency of the state
169must be performed by an individual who has met the provision of
170subsection (2), except that the duration of the training program
171shall not exceed 120 hours of specific training for the type of
172property that such special state firesafety inspectors are
173assigned to inspect.
174     (4)  A firefighter certified pursuant to s. 633.35 may
175conduct firesafety inspections, under the supervision of a
176certified firesafety inspector, while on duty as a member of a
177fire department company conducting inservice firesafety
178inspections without being certified as a firesafety inspector,
179if such firefighter has satisfactorily completed an inservice
180fire department company inspector training program of at least
18124 hours' duration as provided by rule of the department.
182     (5)  Every firesafety inspector or special state firesafety
183inspector certificate is valid for a period of 3 years from the
184date of issuance. Renewal of certification shall be subject to
185the affected person's completing proper application for renewal
186and meeting all of the requirements for renewal as established
187under this chapter or by rule adopted under this chapter
188promulgated thereunder, which shall include completion of at
189least 40 hours during the preceding 3-year period of continuing
190education as required by the rule of the department or, in lieu
191thereof, successful passage of an examination as established by
192the department.
193     (6)  The State Fire Marshal may deny, refuse to renew,
194suspend, or revoke the certificate of a firesafety inspector or
195special state firesafety inspector if the State Fire Marshal it
196finds that any of the following grounds exist:
197     (a)  Any cause for which issuance of a certificate could
198have been refused had it then existed and been known to the
199State Fire Marshal.
200     (b)  Violation of this chapter or any rule or order of the
201State Fire Marshal.
202     (c)  Falsification of records relating to the certificate.
203     (d)  Having been found guilty of or having pleaded guilty
204or nolo contendere to a felony, whether or not a judgment of
205conviction has been entered.
206     (e)  Failure to meet any of the renewal requirements.
207     (f)  Having been convicted of a crime in any jurisdiction
208which directly relates to the practice of fire code inspection,
209plan review, or administration.
210     (g)  Making or filing a report or record that the
211certificateholder knows to be false, or knowingly inducing
212another to file a false report or record, or knowingly failing
213to file a report or record required by state or local law, or
214knowingly impeding or obstructing such filing, or knowingly
215inducing another person to impede or obstruct such filing.
216     (h)  Failing to properly enforce applicable fire codes or
217permit requirements within this state which the
218certificateholder knows are applicable by committing willful
219misconduct, gross negligence, gross misconduct, repeated
220negligence, or negligence resulting in a significant danger to
221life or property.
222     (i)  Accepting labor, services, or materials at no charge
223or at a noncompetitive rate from any person who performs work
224that is under the enforcement authority of the certificateholder
225and who is not an immediate family member of the
226certificateholder. For the purpose of this paragraph, the term
227"immediate family member" means a spouse, child, parent,
228sibling, grandparent, aunt, uncle, or first cousin of the person
229or the person's spouse or any person who resides in the primary
230residence of the certificateholder.
231     (7)  The department shall provide by rule for the
232certification of firesafety inspectors.
233     (8)  The State Fire Marshal may develop by rule an advanced
234training and certification program for firesafety inspectors
235with fire code management responsibilities. This program must be
236consistent with the appropriate provisions of National Fire
237Protection Association publication NFPA No. 1037 or similar
238standards adopted by the division. The program must establish
239minimum training, education, and experience levels for fire
240safety inspectors with fire code management responsibilities.
241     (9)  The Division of State Fire Marshal, and the Florida
242Building Code Administrators and Inspectors Board established
243pursuant to s. 468.605, shall enter into a reciprocity agreement
244to facilitate joint recognition of continuing education
245recertification hours for certificateholders licensed in
246accordance with s. 468.609 and firesafety inspectors certified
247under this section.
248     Section 4.  Section 1013.12, Florida Statutes, is amended
249to read:
250     1013.12  Casualty, safety, sanitation, and firesafety
251standards and inspection of property.-
252     (1)  FIRESAFETY.-The State Board of Education shall adopt
253and administer rules prescribing standards for the safety and
254health of occupants of educational and ancillary plants as a
255part of State Requirements for Educational Facilities or the
256Florida Building Code for educational facilities construction as
257provided in s. 1013.37, except that the State Fire Marshal in
258consultation with the Department of Education shall adopt
259uniform firesafety standards for educational and ancillary
260plants and educational facilities, as provided in s.
261633.022(1)(b), and a firesafety evaluation system to be used as
262an alternate firesafety inspection standard for existing
263educational and ancillary plants and educational facilities. The
264uniform firesafety standards and the alternate firesafety
265evaluation system shall be administered and enforced by local
266fire officials certified by the State Fire Marshal under s.
267633.081. These standards must be used by all public agencies
268when inspecting public educational and ancillary plants, and the
269firesafety standards must be used by county, municipal, or
270independent special local fire control district inspectors
271officials when performing firesafety inspections of public
272educational and ancillary plants and educational facilities. In
273accordance with such standards, each board shall prescribe
274policies and procedures establishing a comprehensive program of
275safety and sanitation for the protection of occupants of public
276educational and ancillary plants. Such policies must contain
277procedures for periodic inspections as prescribed in this
278section or chapter 633 and for withdrawal of any educational and
279ancillary plant, or portion thereof, from use until unsafe or
280unsanitary conditions are corrected or removed.
283     (a)  Each board shall provide for periodic inspection,
284other than firesafety inspection, of each educational and
285ancillary plant at least once during each fiscal year to
286determine compliance with standards of sanitation and casualty
287safety prescribed in the rules of the State Board of Education.
288     (b)  Each school cafeteria must post in a visible location
289and on the school website the school's semiannual sanitation
290certificate and a copy of its most recent sanitation inspection
292     (c)  Under the direction of the fire official appointed by
293the board under s. 1013.371(2), firesafety inspections of each
294educational and ancillary plant located on property owned or
295leased by the board, or other educational facilities operated by
296the board, must be made no sooner than 1 year after issuance of
297a certificate of occupancy and annually thereafter. Such
298inspections shall be made by persons certified by the Division
299of State Fire Marshal under s. 633.081 to be eligible to conduct
300firesafety inspections in public educational and ancillary
301plants. The board shall submit a copy of the firesafety
302inspection report to the county, municipality, or independent
303special fire control district providing fire protection services
304to the school facility within 10 business days after the date of
305the inspection. Alternate schedules for delivery of reports may
306be agreed upon between the school district and the county,
307municipality, or independent special fire control district
308providing fire protection services to the site in cases in which
309delivery is impossible due to hurricanes or other natural
310disasters. Regardless, if immediate life-threatening
311deficiencies are noted in the report, the report shall be
312delivered immediately State Fire Marshal and, if there is a
313local fire official who conducts firesafety inspections, to the
314local fire official. In addition, the board and any other
315authority conducting the fire safety inspection shall certify to
316the State Fire Marshal that the annual inspection has been
317completed. The certification shall be made electronically or by
318such other means as directed by the State Fire Marshal.
319     (d)  In each firesafety inspection report, the board shall
320include a plan of action and a schedule for the correction of
321each deficiency which have been formulated in consultation with
322the local fire control authority. If immediate life-threatening
323deficiencies are noted in any inspection, the board shall either
324take action to promptly correct the deficiencies or withdraw the
325educational or ancillary plant from use until such time as the
326deficiencies are corrected.
329     (a)  A safety or sanitation inspection of any educational
330or ancillary plant may be made at any time by the Department of
331Education or any other state or local agency authorized or
332required to conduct such inspections by either general or
333special law. Each agency conducting inspections shall use the
334standards adopted by the Commissioner of Education in lieu of,
335and to the exclusion of, any other inspection standards
336prescribed either by statute or administrative rule. The agency
337shall submit a copy of the inspection report to the board.
338     (b)  One firesafety inspection of each educational or
339ancillary plant located on the property owned or leased by the
340board, or other educational or ancillary plants operated by the
341school board, and each public college may must be conducted no
342sooner than 1 year after the issuance of the certificate of
343occupancy and annually thereafter each fiscal year by the
344county, municipality, or independent special fire control
345district in which the plant is located using the standards
346adopted by the State Fire Marshal. The board or public college
347shall cooperate with the inspecting authority when a firesafety
348inspection is made by a governmental authority under this
350     (c)  In each firesafety inspection report prepared pursuant
351to this subsection, the county, municipality, or independent
352special local fire control district, official in conjunction
353with the board, shall include a plan of action and a schedule
354for the correction of each deficiency. If immediate life-
355threatening deficiencies are noted in any inspection, the local
356county, municipality, or independent special fire control
357district, in conjunction with the fire official appointed by the
358board, shall either take action to require the board to promptly
359correct the deficiencies or withdraw the educational or
360ancillary plant facility from use until the deficiencies are
361corrected, subject to review by the State Fire Marshal who shall
362act within 10 days to ensure that the deficiencies are corrected
363or withdraw the plant facility from use.
365DEFICIENCIES.-Upon failure of the board to take corrective
366action within a reasonable time, the agency making the
367inspection, other than a local fire official, may request the
368commissioner to:
369     (a)  Order that appropriate action be taken to correct all
370deficiencies in accordance with a schedule determined jointly by
371the inspecting authority and the board; in developing the
372schedule, consideration must be given to the seriousness of the
373deficiencies and the ability of the board to obtain the
374necessary funds; or
375     (b)  After 30 calendar days' notice to the board, order all
376or a portion of the educational or ancillary plant withdrawn
377from use until the deficiencies are corrected.
381     (a)  A safety or sanitation inspection of any educational
382or ancillary plant may be made at any time by a state or local
383agency authorized or required to conduct such inspections by
384general or special law. The agency shall submit a copy of the
385inspection report to the charter school sponsor.
386     (b)  One firesafety inspection of each charter school that
387is not located in facilities owned or leased by the board or a
388public college must be conducted each fiscal year by the county,
389municipality, or independent special fire control district in
390which the charter school is located using the standards adopted
391by the State Fire Marshal. Upon request, the inspecting
392authority shall provide a copy of each firesafety report to the
393board in the district in which the facility is located.
394     (c)  In each firesafety inspection report and formulated in
395consultation with the charter school, the inspecting authority
396shall include a plan of action and a schedule for the correction
397of each deficiency. If any immediate life-threatening deficiency
398is noted in any inspection, the inspecting authority shall take
399action to require the charter school to promptly correct each
400deficiency or withdraw the educational or ancillary plant from
401use until such time as all deficiencies are corrected.
402     (d)  If the charter school fails to take corrective action
403within the period designated in the plan of action to correct
404any firesafety deficiency noted under paragraph (c), the county,
405municipality, or independent special fire control district shall
406immediately report the deficiency to the State Fire Marshal and
407the charter school sponsor. The State Fire Marshal shall have
408enforcement authority with respect to charter school educational
409and ancillary plants and educational facilities as provided in
410chapter 633 for any building or structure.
413     (a)  Firesafety inspections of public community college
414facilities, including charter schools located on board-owned or
415board-leased facilities or otherwise operated by public college
416boards, shall be made in accordance comply with the Florida Fire
417Prevention Code, as adopted by the State Fire Marshal.
418Notwithstanding s. 633.0215, provisions of the code relating to
419inspections of such facilities may not be subject to any local
420amendments as provided by s. 1013.371. Each public college
421facility shall be inspected annually by persons certified under
422s. 633.081 Board of Education rules.
423     (b)  After each required firesafety inspection, the
424inspecting authority shall develop a plan of action to correct
425each deficiency identified. The public college shall provide a
426copy of each firesafety inspection report to the county,
427municipality, or independent special fire control district in
428which the facility is located.
429     (c)(b)  Firesafety inspections of state universities shall
430comply with the Florida Fire Prevention Code, as adopted by the
431State Fire Marshal under s. 633.0215 rules of the Board of
434school Upon failure of the board, public college board, or
435charter school fails to correct any firesafety deficiency noted
436under this section take corrective action within the time
437designated in the plan of action to correct any firesafety
438deficiency noted under paragraph (2)(d) or paragraph (3)(c), the
439inspecting authority local fire official shall immediately
440report the deficiency to the State Fire Marshal, who shall have
441enforcement authority with respect to educational and ancillary
442plants and educational facilities as provided in chapter 633 for
443any other building or structure.
444     (8)(7)  ADDITIONAL STANDARDS.-In addition to any other
445rules adopted under this section or s. 633.022, the State Fire
446Marshal in consultation with the Department of Education shall
447adopt and administer rules prescribing the following standards
448for the safety and health of occupants of educational and
449ancillary plants:
450     (a)  The designation of serious life-safety hazards,
451including, but not limited to, nonfunctional fire alarm systems,
452nonfunctional fire sprinkler systems, doors with padlocks or
453other locks or devices that preclude egress at any time,
454inadequate exits, hazardous electrical system conditions,
455potential structural failure, and storage conditions that create
456a fire hazard.
457     (b)  The proper placement of functional smoke and heat
458detectors and accessible, unexpired fire extinguishers.
459     (c)  The maintenance of fire doors without doorstops or
460wedges improperly holding them open.
461     (8)  ANNUAL REPORT.-The State Fire Marshal shall publish an
462annual report to be filed with the substantive committees of the
463state House of Representatives and Senate having jurisdiction
464over education, the Commissioner of Education or his or her
465successor, the State Board of Education, the Board of Governors,
466and the Governor documenting the status of each board's
467firesafety 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.-
473     (a)  Except as otherwise provided in paragraph (b), all
474public educational and ancillary plants constructed by a board
475must conform to the Florida Building Code and the Florida Fire
476Prevention Code, and the plants are exempt from all other state
477building codes; county, municipal, or other local amendments to
478the Florida Building Code and local amendments to the Florida
479Fire Prevention Code; building permits, and assessments of fees
480for building permits, except as provided in s. 553.80;
481ordinances; road closures; and impact fees or service
482availability fees. Any inspection by local or state government
483must be based on the Florida Building Code and the Florida Fire
484Prevention Code. Each board shall provide for periodic
485inspection of the proposed educational plant during each phase
486of construction to determine compliance with the Florida
487Building Code, the Florida Fire Prevention Code, and the State
488Requirements for Educational Facilities.
489     (2)  ENFORCEMENT BY BOARD.-It is the responsibility of each
490board to ensure that all plans and educational and ancillary
491plants meet the standards of the Florida Building Code and the
492Florida Fire Prevention Code and to provide for the enforcement
493of these codes in the areas of its jurisdiction. Each board
494shall provide for the proper supervision and inspection of the
495work. Each board may employ a chief building official or
496inspector and such other inspectors, who have been certified
497pursuant to chapter 468, and a fire official and such other
498inspectors, who have been certified pursuant to chapter 633, and
499such personnel as are necessary to administer and enforce the
500provisions of such codes this code. Boards may also use local
501building department inspectors who are certified by the
502department to enforce the Florida Building Code and the State
503Requirements for Educational Facilities this code. Boards may
504also use local county, municipal, or independent special fire
505control district firesafety inspectors who are certified by the
506State Fire Marshal to conduct reviews of site plans and
507inspections and to enforce the Florida Fire Prevention Code.
508Plans or facilities that fail to meet the standards of the
509Florida Building Code or the Florida Fire Prevention Code may
510not be approved. When planning for and constructing an
511educational, auxiliary, or ancillary facility, a board must use
512construction materials and systems that meet standards adopted
513pursuant to s. 1013.37(1)(e)3. and 4. If the planned or actual
514construction of a facility deviates from the adopted standards,
515the board must, at a public hearing, quantify and compare the
516costs of constructing the facility with the proposed deviations
517and in compliance with the adopted standards and the Florida
518Building Code. The board must explain the reason for the
519proposed deviations and compare how the total construction costs
520and projected life-cycle costs of the facility or component
521system of the facility would be affected by implementing the
522proposed deviations rather than using materials and systems that
523meet the adopted standards.
524     Section 6.  Section 1013.38, Florida Statutes, is amended
525to read:
526     1013.38  Boards to ensure that facilities comply with
527building codes and life safety codes.-
528     (1)  Boards shall ensure that all new construction,
529renovation, remodeling, day labor, and maintenance projects
530conform to the appropriate sections of the Florida Building
531Code, Florida Fire Prevention Code, or, where applicable as
532authorized in other sections of law, other building codes, and
533life safety codes.
534     (a)  For each proposed new facility and each proposed new
535facility addition exceeding 2,500 square feet, the board shall
536submit for review a minimum of one copy of the site plan to the
537local county, municipality, or independent special fire control
538district providing fire-protection services to the facility.
539     (b)  The local county, municipality, or independent special
540fire control district may review each site plan for compliance
541with the applicable provisions of the Florida Fire Prevention
542Code relating to fire department access roads, fire-protection
543system connection locations, and fire hydrant spacing. Such site
544plans are not subject to local amendments to the Florida Fire
545Prevention Code or local ordinances as provided in s. 1013.371.
546Site plan reviews conducted pursuant to this section shall be
547performed at no charge to the school board or public college
549     (c)  The site plan shall be deemed approved unless the
550local county, municipality, or independent special fire control
551district submits to the fire official appointed by the board, in
552writing, any deficiencies identified with reference to specific
553provisions of the Florida Fire Prevention Code within 15 days
554after receipt of the site plan. The fire official shall
555incorporate such comments into his or her review and subsequent
557     (d)  If the local county, municipality, or independent
558special fire control district and the fire official appointed by
559the board do not agree on the requirements or application of the
560Florida Fire Prevention Code, either party may refer the matter
561to the State Fire Marshal, who shall have final administrative
562authority in resolving the matter.
563     (2)  In addition to the submission of site plans, boards
564may provide compliance as follows:
565     (a)  Boards or consortia may individually or cooperatively
566provide review services under the insurance risk management
567oversight through the use of board employees or consortia
568employees, registered pursuant to chapter 471, chapter 481, or
569part XII of chapter 468 and firesafety inspectors certified
570under s. 633.081.
571     (b)  Boards may elect to review construction documents
572using their own employees registered pursuant to chapter 471,
573chapter 481, or part XII of chapter 468 and firesafety
574inspectors certified under s. 633.081.
575     (c)  Boards may submit phase III construction documents for
576review to the department.
577     (d)  Boards or consortia may contract for plan review
578services directly with engineers and architects registered
579pursuant to chapter 471 or chapter 481 and firesafety inspectors
580certified under s. 633.081.
581     (3)  The Department of Management Services may, upon
582request, provide facilities services for the Florida School for
583the Deaf and the Blind, the Division of Blind Services, and
584public broadcasting. As used in this section, the term
585"facilities services" means project management, code and design
586plan review, and code compliance inspection for projects as
587defined in s. 287.017(1)(e).
588     (4)(a)  Before the commencement of any new construction,
589renovation, or remodeling, the board shall:
590     1.  Approve or cause to be approved the construction
591documents and evaluate such documents for compliance with the
592Florida Building Code and the Florida Fire Prevention Code.
593     2.  Ensure compliance with all applicable firesafety codes
594and standards by contracting with a firesafety inspector
595certified by the State Fire Marshal under s. 633.081.
596     (b)  A certificate of occupancy may not be issued until the
597board, through its designated certified building official, has
598determined that the building or structure and its site
599conditions comply with all applicable statutes and rules.
600     (c)  The method of compliance as chosen by the board
601pursuant to subsection (2) shall be documented and maintained as
602part of the construction record file.
603     (d)  Upon request by the local county, municipality, or
604independent special fire control district, the board shall
605provide reasonable access to all construction documents.
606     Section 7.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.

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