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       Florida Senate - 2010                                    SB 1074
       
       
       
       By Senator Wise
       
       
       
       
       5-00448A-10                                           20101074__
    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.
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   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
   75  read:
   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
   90  structure.
   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
  117  department;
  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
  147  section.
  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
  234  certificateholder.
  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
  253  read:
  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
  286  BOARDS.—
  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
  295  report.
  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
  332  AGENCIES.—
  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
  353  paragraph.
  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
  384  BOARD.—
  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
  416  FACILITIES.—
  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
  436  Governors.
  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
  453  plants:
  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
  529  read:
  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
  552  board.
  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
  560  inspections.
  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.

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