Florida Senate - 2010 SB 1074
By Senator Wise
1 A bill to be entitled
2 An act relating to firesafety; amending s. 633.01,
3 F.S.; revising the rulemaking authority and
4 responsibilities of the State Fire Marshal relating to
5 educational and ancillary plants; amending s. 633.021,
6 F.S.; revising the definition of the term “firesafety
7 inspector”; amending s. 633.081, F.S.; revising
8 requirements and procedures for inspections of
9 buildings and equipment; abolishing special state
10 firesafety inspector classifications and
11 certifications; providing criteria, procedures, and
12 requirements for special state firesafety inspectors
13 to be certified as firesafety inspectors; authorizing
14 the State Fire Marshal to develop an advanced training
15 and certification program for certain firesafety
16 inspectors; specifying program requirements; requiring
17 the State Fire Marshal and the Florida Building Code
18 Administrators and Inspectors Board to enter into a
19 reciprocity agreement to recognize certain continuing
20 education recertification hours for certain purposes;
21 amending s. 1013.12, F.S.; revising procedures and
22 requirements for certain standards and inspection of
23 educational property; providing procedures, criteria,
24 and requirements for inspections of certain charter
25 schools; providing reporting requirements; amending s.
26 1013.371, F.S.; revising firesafety inspection
27 requirements for educational institution boards to
28 conform to certain codes; revising certain code
29 enforcement authority of such boards; amending s.
30 1013.38, F.S.; requiring educational institution
31 boards to submit certain facility site plans to
32 certain local governmental entities for review;
33 authorizing such entities to review site plans for
34 compliance with certain provisions of the Florida Fire
35 Prevention Code; specifying that site plans are not
36 subject to local ordinances or local amendments to the
37 Florida Fire Prevention Code; providing criteria for
38 approving site plans and correcting firesafety
39 compliance deficiencies; providing for referral of
40 disputes to the State Fire Marshal; authorizing such
41 boards to use certain firesafety inspectors for
42 certain compliance reviews; imposing additional
43 requirements for such boards relating to construction,
44 renovation, or remodeling of educational facilities;
45 providing an effective date.
47 Be It Enacted by the Legislature of the State of Florida:
49 Section 1. Subsection (7) of section 633.01, Florida
50 Statutes, is amended to read:
51 633.01 State Fire Marshal; powers and duties; rules.—
52 (7) The State Fire Marshal, in consultation with the
53 Department of Education, shall adopt and administer rules
54 prescribing standards for the safety and health of occupants of
55 educational and ancillary facilities pursuant to ss. 633.022,
56 1013.12, 1013.37, and 1013.371. In addition, in any county that
57 does not employ or appoint a firesafety inspector certified
58 under s. 633.081
local fire official, the State Fire Marshal
59 shall assume the duties of the local county, municipality, or
60 independent special fire control district as defined in s.
61 191.003 fire official with respect to firesafety inspections of
62 educational property required under s. 1013.12(3)(b), and the
63 State Fire Marshal may take necessary corrective action as
64 authorized under s. 1013.12(7) (6).
65 Section 2. Subsection (10) of section 633.021, Florida
66 Statutes, is amended to read:
67 633.021 Definitions.—As used in this chapter:
68 (10) A “firesafety inspector” is an individual certified by
69 the State Fire Marshal under s. 633.081 who is officially
70 assigned the duties of conducting firesafety inspections of
71 buildings and facilities on a recurring or regular basis on
72 behalf of the state or any county, municipality, or special
73 district with firesafety responsibilities.
74 Section 3. Section 633.081, Florida Statutes, is amended to
76 633.081 Inspection of buildings and equipment; orders;
77 firesafety inspection training requirements; certification;
78 disciplinary action.—The State Fire Marshal and her or his
79 agents may shall, at any reasonable hour, when the State Fire
80 Marshal department has reasonable cause to believe that a
81 violation of this chapter or s. 509.215, or a rule adopted under
82 this chapter or s. 509.215 promulgated thereunder, or a minimum
83 firesafety code adopted by the State Fire Marshal or a local
84 authority, may exist, inspect any and all buildings and
85 structures which are subject to the requirements of this chapter
86 or s. 509.215 and any rule adopted under this chapter or s.
87 509.215 rules promulgated thereunder. The authority to inspect
88 shall extend to all equipment, vehicles, and chemicals which are
89 located on or within the premises of any such building or
91 (1) Each county, municipality, and special district that
92 has firesafety enforcement responsibilities shall employ or
93 contract with a firesafety inspector. The firesafety inspector
94 must conduct all firesafety inspections that are required by
95 law. The governing body of a county, municipality, or special
96 district that has firesafety enforcement responsibilities may
97 provide a schedule of fees to pay only the costs of inspections
98 conducted pursuant to this subsection and related administrative
99 expenses. Two or more counties, municipalities, or special
100 districts that have firesafety enforcement responsibilities may
101 jointly employ or contract with a firesafety inspector.
102 (2) Every firesafety inspection conducted pursuant to state
103 or local firesafety requirements shall be by a person certified
104 as having met the inspection training requirements set by the
105 State Fire Marshal. Such person shall:
106 (a) Be a high school graduate or the equivalent as
107 determined by the department;
108 (b) Not have been found guilty of, or having pleaded guilty
109 or nolo contendere to, a felony or a crime punishable by
110 imprisonment of 1 year or more under the law of the United
111 States, or of any state thereof, which involves moral turpitude,
112 without regard to whether a judgment of conviction has been
113 entered by the court having jurisdiction of such cases;
114 (c) Have her or his fingerprints on file with the
115 department or with an agency designated by the department;
116 (d) Have good moral character as determined by the
118 (e) Be at least 18 years of age;
119 (f) Have satisfactorily completed the firesafety inspector
120 certification examination as prescribed by the department; and
121 (g)1. Have satisfactorily completed, as determined by the
122 department, a firesafety inspector training program of not less
123 than 200 hours established by the department and administered by
124 agencies and institutions approved by the department for the
125 purpose of providing basic certification training for firesafety
126 inspectors; or
127 2. Have received in another state training which is
128 determined by the department to be at least equivalent to that
129 required by the department for approved firesafety inspector
130 education and training programs in this state.
131 (3)(a)1. Effective July 1, 2012, the classification of
132 special state firesafety inspector is abolished and all special
133 state firesafety inspector certifications shall expire at
134 midnight June 30, 2012.
135 2. Any person who is a special state firesafety inspector
136 on June 30, 2012, and who has failed to comply with paragraph
137 (b) or paragraph (c) may not perform any firesafety inspection
138 required by law.
139 3. A special state firesafety inspector certificate may not
140 be issued after June 30, 2010.
141 (b)1. Any person who is a special state firesafety
142 inspector on July 1, 2010, and who has at least 5 years of
143 experience as a special state firesafety inspector as of July 1,
144 2010, may take the firesafety inspection examination as provided
145 in paragraph (2)(f) for firesafety inspectors before July 1,
146 2012, to be certified as a firesafety inspector under this
148 2. Upon passing the examination, the person shall be
149 certified as a firesafety inspector as provided in this section.
150 3. A person who fails to become certified must comply with
151 paragraph (c) to be certified as a firesafety inspector under
152 this section.
153 (c)1. To be certified as a firesafety inspector under this
154 section, any person who:
155 a. Is a special state firesafety inspector on July 1, 2010,
156 and who does not have 5 years of experience as a special state
157 firesafety inspector as of July 1, 2010; or
158 b. Has 5 years of experience as a special state firesafety
159 inspector but has failed the examination taken as provided in
160 paragraph (2)(f), must take an additional 80 hours of the
161 courses described in paragraph (2)(g).
162 2. After successfully completing the courses described in
163 this paragraph, such person may take the firesafety inspection
164 examination as provided in paragraph (2)(f), if such examination
165 is taken before July 1, 2012.
166 3. Upon passing the examination, the person shall be
167 certified as a firesafety inspector as provided in this section.
168 4. A person who fails the course of study or the
169 examination described in this paragraph may not perform any
170 firesafety inspection required by law on or after July 1, 2012.
171 Each special state firesafety inspection which is required by
172 law and is conducted by or on behalf of an agency of the state
173 must be performed by an individual who has met the provision of
174 subsection (2), except that the duration of the training program
175 shall not exceed 120 hours of specific training for the type of
176 property that such special state firesafety inspectors are
177 assigned to inspect.
178 (4) A firefighter certified pursuant to s. 633.35 may
179 conduct firesafety inspections, under the supervision of a
180 certified firesafety inspector, while on duty as a member of a
181 fire department company conducting inservice firesafety
182 inspections without being certified as a firesafety inspector,
183 if such firefighter has satisfactorily completed an inservice
184 fire department company inspector training program of at least
185 24 hours’ duration as provided by rule of the department.
186 (5) Every firesafety inspector or special state firesafety
187 inspector certificate is valid for a period of 3 years from the
188 date of issuance. Renewal of certification shall be subject to
189 the affected person’s completing proper application for renewal
190 and meeting all of the requirements for renewal as established
191 under this chapter or by rule adopted under this chapter
192 promulgated thereunder, which shall include completion of at
193 least 40 hours during the preceding 3-year period of continuing
194 education as required by the rule of the department or, in lieu
195 thereof, successful passage of an examination as established by
196 the department.
197 (6) The State Fire Marshal may deny, refuse to renew,
198 suspend, or revoke the certificate of a firesafety inspector or
199 special state firesafety inspector if the State Fire Marshal it
200 finds that any of the following grounds exist:
201 (a) Any cause for which issuance of a certificate could
202 have been refused had it then existed and been known to the
203 State Fire Marshal.
204 (b) Violation of this chapter or any rule or order of the
205 State Fire Marshal.
206 (c) Falsification of records relating to the certificate.
207 (d) Having been found guilty of or having pleaded guilty or
208 nolo contendere to a felony, whether or not a judgment of
209 conviction has been entered.
210 (e) Failure to meet any of the renewal requirements.
211 (f) Having been convicted of a crime in any jurisdiction
212 which directly relates to the practice of fire code inspection,
213 plan review, or administration.
214 (g) Making or filing a report or record that the
215 certificateholder knows to be false, or knowingly inducing
216 another to file a false report or record, or knowingly failing
217 to file a report or record required by state or local law, or
218 knowingly impeding or obstructing such filing, or knowingly
219 inducing another person to impede or obstruct such filing.
220 (h) Failing to properly enforce applicable fire codes or
221 permit requirements within this state which the
222 certificateholder knows are applicable by committing willful
223 misconduct, gross negligence, gross misconduct, repeated
224 negligence, or negligence resulting in a significant danger to
225 life or property.
226 (i) Accepting labor, services, or materials at no charge or
227 at a noncompetitive rate from any person who performs work that
228 is under the enforcement authority of the certificateholder and
229 who is not an immediate family member of the certificateholder.
230 For the purpose of this paragraph, the term “immediate family
231 member” means a spouse, child, parent, sibling, grandparent,
232 aunt, uncle, or first cousin of the person or the person’s
233 spouse or any person who resides in the primary residence of the
235 (7) The department shall provide by rule for the
236 certification of firesafety inspectors.
237 (8) The State Fire Marshal may develop by rule an advanced
238 training and certification program for firesafety inspectors
239 with fire code management responsibilities. This program must be
240 consistent with the appropriate provisions of National Fire
241 Protection Association publication NFPA No. 1037 or similar
242 standards adopted by the division. The program must establish
243 minimum training, education, and experience levels for fire
244 safety inspectors with fire code management responsibilities.
245 (9) The Division of State Fire Marshal, and the Florida
246 Building Code Administrators and Inspectors Board established
247 pursuant to s. 468.605, shall enter into a reciprocity agreement
248 to facilitate joint recognition of continuing education
249 recertification hours for certificateholders licensed in
250 accordance with s. 468.609 and firesafety inspectors certified
251 under this section.
252 Section 4. Section 1013.12, Florida Statutes, is amended to
254 1013.12 Casualty, safety, sanitation, and firesafety
255 standards and inspection of property.—
256 (1) FIRESAFETY.—The State Board of Education shall adopt
257 and administer rules prescribing standards for the safety and
258 health of occupants of educational and ancillary plants as a
259 part of State Requirements for Educational Facilities or the
260 Florida Building Code for educational facilities construction as
261 provided in s. 1013.37, except that the State Fire Marshal in
262 consultation with the Department of Education shall adopt
263 uniform firesafety standards for educational and ancillary
264 plants and educational facilities, as provided in s.
265 633.022(1)(b), and a firesafety evaluation system to be used as
266 an alternate firesafety inspection standard for existing
267 educational and ancillary plants and educational facilities. The
268 uniform firesafety standards and the alternate firesafety
269 evaluation system shall be administered and enforced by local
270 fire officials certified by the State Fire Marshal under s.
271 633.081. These standards must be used by all public agencies
272 when inspecting public educational and ancillary plants, and the
273 firesafety standards must be used by county, municipal, or
274 independent special local fire control district inspectors
275 officials when performing firesafety inspections of public
276 educational and ancillary plants and educational facilities. In
277 accordance with such standards, each board shall prescribe
278 policies and procedures establishing a comprehensive program of
279 safety and sanitation for the protection of occupants of public
280 educational and ancillary plants. Such policies must contain
281 procedures for periodic inspections as prescribed in this
282 section or chapter 633 and for withdrawal of any educational and
283 ancillary plant, or portion thereof, from use until unsafe or
284 unsanitary conditions are corrected or removed.
285 (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
287 (a) Each board shall provide for periodic inspection, other
288 than firesafety inspection, of each educational and ancillary
289 plant at least once during each fiscal year to determine
290 compliance with standards of sanitation and casualty safety
291 prescribed in the rules of the State Board of Education.
292 (b) Each school cafeteria must post in a visible location
293 and on the school website the school’s semiannual sanitation
294 certificate and a copy of its most recent sanitation inspection
296 (c) Under the direction of the fire official appointed by
297 the board under s. 1013.371(2), firesafety inspections of each
298 educational and ancillary plant located on property owned or
299 leased by the board, or other educational facilities operated by
300 the board, must be made no sooner than 1 year after issuance of
301 a certificate of occupancy and annually thereafter. Such
302 inspections shall be made by persons certified by the Division
303 of State Fire Marshal under s. 633.081 to be eligible to conduct
304 firesafety inspections in public educational and ancillary
305 plants. The board shall submit a copy of the firesafety
306 inspection report to the county, municipality, or independent
307 special fire control district providing fire protection services
308 to the school facility within 10 business days after the date of
309 the inspection. Alternate schedules for delivery of reports may
310 be agreed upon between the school district and the county,
311 municipality, or independent special fire control district
312 providing fire protection services to the site in cases in which
313 delivery is impossible due to hurricanes or other natural
314 disasters. Regardless, if immediate life-threatening
315 deficiencies are noted in the report, the report shall be
316 delivered immediately State Fire Marshal and, if there is a
317 local fire official who conducts firesafety inspections, to the
318 local fire official. In addition, the board and any other
319 authority conducting the fire safety inspection shall certify to
320 the State Fire Marshal that the annual inspection has been
321 completed. The certification shall be made electronically or by
322 such other means as directed by the State Fire Marshal.
323 (d) In each firesafety inspection report, the board shall
324 include a plan of action and a schedule for the correction of
325 each deficiency which have been formulated in consultation with
326 the local fire control authority. If immediate life-threatening
327 deficiencies are noted in any inspection, the board shall either
328 take action to promptly correct the deficiencies or withdraw the
329 educational or ancillary plant from use until such time as the
330 deficiencies are corrected.
331 (3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
333 (a) A safety or sanitation inspection of any educational or
334 ancillary plant may be made at any time by the Department of
335 Education or any other state or local agency authorized or
336 required to conduct such inspections by either general or
337 special law. Each agency conducting inspections shall use the
338 standards adopted by the Commissioner of Education in lieu of,
339 and to the exclusion of, any other inspection standards
340 prescribed either by statute or administrative rule. The agency
341 shall submit a copy of the inspection report to the board.
342 (b) One firesafety inspection of each educational or
343 ancillary plant located on the property owned or leased by the
344 board, or other educational or ancillary plants operated by the
345 school board, and each public college may must be conducted no
346 sooner than 1 year after the issuance of the certificate of
347 occupancy and annually thereafter each fiscal year by the
348 county, municipality, or independent special fire control
349 district in which the plant is located using the standards
350 adopted by the State Fire Marshal. The board or public college
351 shall cooperate with the inspecting authority when a firesafety
352 inspection is made by a governmental authority under this
354 (c) In each firesafety inspection report prepared pursuant
355 to this subsection, the county, municipality, or independent
356 special local fire control district, official in conjunction
357 with the board, shall include a plan of action and a schedule
358 for the correction of each deficiency. If immediate life
359 threatening deficiencies are noted in any inspection, the local
360 county, municipality, or independent special fire control
361 district, in conjunction with the fire official appointed by the
362 board, shall either take action to require the board to promptly
363 correct the deficiencies or withdraw the educational or
364 ancillary plant facility from use until the deficiencies are
365 corrected, subject to review by the State Fire Marshal who shall
366 act within 10 days to ensure that the deficiencies are corrected
367 or withdraw the plant facility from use.
368 (4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
369 DEFICIENCIES.—Upon failure of the board to take corrective
370 action within a reasonable time, the agency making the
371 inspection, other than a local fire official, may request the
372 commissioner to:
373 (a) Order that appropriate action be taken to correct all
374 deficiencies in accordance with a schedule determined jointly by
375 the inspecting authority and the board; in developing the
376 schedule, consideration must be given to the seriousness of the
377 deficiencies and the ability of the board to obtain the
378 necessary funds; or
379 (b) After 30 calendar days’ notice to the board, order all
380 or a portion of the educational or ancillary plant withdrawn
381 from use until the deficiencies are corrected.
382 (5) INSPECTIONS OF CHARTER SCHOOLS NOT LOCATED ON BOARD
383 OWNED OR LEASED PROPERTY OR OTHERWISE OPERATED BY A SCHOOL
385 (a) A safety or sanitation inspection of any educational or
386 ancillary plant may be made at any time by a state or local
387 agency authorized or required to conduct such inspections by
388 general or special law. The agency shall submit a copy of the
389 inspection report to the charter school sponsor.
390 (b) One firesafety inspection of each charter school that
391 is not located in facilities owned or leased by the board or a
392 public college must be conducted each fiscal year by the county,
393 municipality, or independent special fire control district in
394 which the charter school is located using the standards adopted
395 by the State Fire Marshal. Upon request, the inspecting
396 authority shall provide a copy of each firesafety report to the
397 board in the district in which the facility is located.
398 (c) In each firesafety inspection report and formulated in
399 consultation with the charter school, the inspecting authority
400 shall include a plan of action and a schedule for the correction
401 of each deficiency. If any immediate life-threatening deficiency
402 is noted in any inspection, the inspecting authority shall take
403 action to require the charter school to promptly correct each
404 deficiency or withdraw the educational or ancillary plant from
405 use until such time as all deficiencies are corrected.
406 (d) If the charter school fails to take corrective action
407 within the period designated in the plan of action to correct
408 any firesafety deficiency noted under paragraph (c), the county,
409 municipality, or independent special fire control district shall
410 immediately report the deficiency to the State Fire Marshal and
411 the charter school sponsor. The State Fire Marshal shall have
412 enforcement authority with respect to charter school educational
413 and ancillary plants and educational facilities as provided in
414 chapter 633 for any building or structure.
415 (6) (5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
417 (a) Firesafety inspections of public community college
418 facilities, including charter schools located on board-owned or
419 board-leased facilities or otherwise operated by public college
420 boards, shall be made in accordance comply with the Florida Fire
421 Prevention Code, as adopted by the State Fire Marshal.
422 Notwithstanding s. 633.0215, provisions of the code relating to
423 inspections of such facilities may not be subject to any local
424 amendments as provided by s. 1013.371. Each public college
425 facility shall be inspected annually by persons certified under
426 s. 633.081 Board of Education rules.
427 (b) After each required firesafety inspection, the
428 inspecting authority shall develop a plan of action to correct
429 each deficiency identified. The public college shall provide a
430 copy of each firesafety inspection report to the county,
431 municipality, or independent special fire control district in
432 which the facility is located.
433 (c) (b) Firesafety inspections of state universities shall
434 comply with the Florida Fire Prevention Code, as adopted by the
435 State Fire Marshal under s. 633.0215 rules of the Board of
437 (7) (6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.—If a
438 school Upon failure of the board, public college board, or
439 charter school fails to correct any firesafety deficiency noted
440 under this section take corrective action within the time
441 designated in the plan of action to correct any firesafety
442 deficiency noted under paragraph (2)(d) or paragraph (3)(c), the
443 inspecting authority local fire official shall immediately
444 report the deficiency to the State Fire Marshal, who shall have
445 enforcement authority with respect to educational and ancillary
446 plants and educational facilities as provided in chapter 633 for
447 any other building or structure.
448 (8) (7) ADDITIONAL STANDARDS.—In addition to any other rules
449 adopted under this section or s. 633.022, the State Fire Marshal
450 in consultation with the Department of Education shall adopt and
451 administer rules prescribing the following standards for the
452 safety and health of occupants of educational and ancillary
454 (a) The designation of serious life-safety hazards,
455 including, but not limited to, nonfunctional fire alarm systems,
456 nonfunctional fire sprinkler systems, doors with padlocks or
457 other locks or devices that preclude egress at any time,
458 inadequate exits, hazardous electrical system conditions,
459 potential structural failure, and storage conditions that create
460 a fire hazard.
461 (b) The proper placement of functional smoke and heat
462 detectors and accessible, unexpired fire extinguishers.
463 (c) The maintenance of fire doors without doorstops or
464 wedges improperly holding them open.
465 (8) ANNUAL REPORT.—The State Fire Marshal shall publish an
466 annual report to be filed with the substantive committees of the
467 state House of Representatives and Senate having jurisdiction
468 over education, the Commissioner of Education or his or her
469 successor, the State Board of Education, the Board of Governors,
470 and the Governor documenting the status of each board’s
471 firesafety program, including the improvement or lack thereof.
472 Section 5. Paragraph (a) of subsection (1) and subsection
473 (2) of section 1013.371, Florida Statutes, are amended to read:
474 1013.371 Conformity to codes.—
475 (1) CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE
476 PREVENTION CODE REQUIRED FOR APPROVAL.—
477 (a) Except as otherwise provided in paragraph (b), all
478 public educational and ancillary plants constructed by a board
479 must conform to the Florida Building Code and the Florida Fire
480 Prevention Code, and the plants are exempt from all other state
481 building codes; county, municipal, or other local amendments to
482 the Florida Building Code and local amendments to the Florida
483 Fire Prevention Code; building permits, and assessments of fees
484 for building permits, except as provided in s. 553.80;
485 ordinances; road closures; and impact fees or service
486 availability fees. Any inspection by local or state government
487 must be based on the Florida Building Code and the Florida Fire
488 Prevention Code. Each board shall provide for periodic
489 inspection of the proposed educational plant during each phase
490 of construction to determine compliance with the Florida
491 Building Code, the Florida Fire Prevention Code, and the State
492 Requirements for Educational Facilities.
493 (2) ENFORCEMENT BY BOARD.—It is the responsibility of each
494 board to ensure that all plans and educational and ancillary
495 plants meet the standards of the Florida Building Code and the
496 Florida Fire Prevention Code and to provide for the enforcement
497 of these codes in the areas of its jurisdiction. Each board
498 shall provide for the proper supervision and inspection of the
499 work. Each board may employ a chief building official or
500 inspector and such other inspectors, who have been certified
501 pursuant to chapter 468, and a fire official and such other
502 inspectors, who have been certified pursuant to chapter 633, and
503 such personnel as are necessary to administer and enforce the
504 provisions of such codes this code. Boards may also use local
505 building department inspectors who are certified by the
506 department to enforce the Florida Building Code and the State
507 Requirements for Educational Facilities this code. Boards may
508 also use local county, municipal, or independent special fire
509 control district firesafety inspectors who are certified by the
510 State Fire Marshal to conduct reviews of site plans and
511 inspections and to enforce the Florida Fire Prevention Code.
512 Plans or facilities that fail to meet the standards of the
513 Florida Building Code or the Florida Fire Prevention Code may
514 not be approved. When planning for and constructing an
515 educational, auxiliary, or ancillary facility, a board must use
516 construction materials and systems that meet standards adopted
517 pursuant to s. 1013.37(1)(e)3. and 4. If the planned or actual
518 construction of a facility deviates from the adopted standards,
519 the board must, at a public hearing, quantify and compare the
520 costs of constructing the facility with the proposed deviations
521 and in compliance with the adopted standards and the Florida
522 Building Code. The board must explain the reason for the
523 proposed deviations and compare how the total construction costs
524 and projected life-cycle costs of the facility or component
525 system of the facility would be affected by implementing the
526 proposed deviations rather than using materials and systems that
527 meet the adopted standards.
528 Section 6. Section 1013.38, Florida Statutes, is amended to
530 1013.38 Boards to ensure that facilities comply with
531 building codes and life safety codes.—
532 (1) Boards shall ensure that all new construction,
533 renovation, remodeling, day labor, and maintenance projects
534 conform to the appropriate sections of the Florida Building
535 Code, Florida Fire Prevention Code, or, where applicable as
536 authorized in other sections of law, other building codes, and
537 life safety codes.
538 (a) For each proposed new facility and each proposed new
539 facility addition exceeding 2,500 square feet, the board shall
540 submit for review a minimum of one copy of the site plan to the
541 local county, municipality, or independent special fire control
542 district providing fire-protection services to the facility.
543 (b) The local county, municipality, or independent special
544 fire control district may review each site plan for compliance
545 with the applicable provisions of the Florida Fire Prevention
546 Code relating to fire department access roads, fire-protection
547 system connection locations, and fire hydrant spacing. Such site
548 plans are not subject to local amendments to the Florida Fire
549 Prevention Code or local ordinances as provided in s. 1013.371.
550 Site plan reviews conducted pursuant to this section shall be
551 performed at no charge to the school board or public college
553 (c) The site plan shall be deemed approved unless the local
554 county, municipality, or independent special fire control
555 district submits to the fire official appointed by the board, in
556 writing, any deficiencies identified with reference to specific
557 provisions of the Florida Fire Prevention Code within 15 days
558 after receipt of the site plan. The fire official shall
559 incorporate such comments into his or her review and subsequent
561 (d) If the local county, municipality, or independent
562 special fire control district and the fire official appointed by
563 the board do not agree on the requirements or application of the
564 Florida Fire Prevention Code, either party may refer the matter
565 to the State Fire Marshal, who shall have final administrative
566 authority in resolving the matter.
567 (2) In addition to the submission of site plans, boards may
568 provide compliance as follows:
569 (a) Boards or consortia may individually or cooperatively
570 provide review services under the insurance risk management
571 oversight through the use of board employees or consortia
572 employees , registered pursuant to chapter 471, chapter 481, or
573 part XII of chapter 468 and firesafety inspectors certified
574 under s. 633.081.
575 (b) Boards may elect to review construction documents using
576 their own employees registered pursuant to chapter 471, chapter
577 481, or part XII of chapter 468 and firesafety inspectors
578 certified under s. 633.081.
579 (c) Boards may submit phase III construction documents for
580 review to the department.
581 (d) Boards or consortia may contract for plan review
582 services directly with engineers and architects registered
583 pursuant to chapter 471 or chapter 481 and firesafety inspectors
584 certified under s. 633.081.
585 (3) The Department of Management Services may, upon
586 request, provide facilities services for the Florida School for
587 the Deaf and the Blind, the Division of Blind Services, and
588 public broadcasting. As used in this section, the term
589 “facilities services” means project management, code and design
590 plan review, and code compliance inspection for projects as
591 defined in s. 287.017(1)(e).
592 (4)(a) Before the commencement of any new construction,
593 renovation, or remodeling, the board shall:
594 1. Approve or cause to be approved the construction
595 documents and evaluate such documents for compliance with the
596 Florida Building Code and the Florida Fire Prevention Code.
597 2. Ensure compliance with all applicable firesafety codes
598 and standards by contracting with a firesafety inspector
599 certified by the State Fire Marshal under s. 633.081.
600 (b) A certificate of occupancy may not be issued until the
601 board, through its designated certified building official, has
602 determined that the building or structure and its site
603 conditions comply with all applicable statutes and rules.
604 (c) The method of compliance as chosen by the board
605 pursuant to subsection (2) shall be documented and maintained as
606 part of the construction record file.
607 (d) Upon request by the local county, municipality, or
608 independent special fire control district, the board shall
609 provide reasonable access to all construction documents.
610 Section 7. This act shall take effect July 1, 2010.