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       Florida Senate - 2010                             CS for SB 1074
       
       
       
       By the Committee on Community Affairs; and Senators Wise and
       Detert
       
       
       
       578-04912-10                                          20101074c1
    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 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 promulgated
   82  thereunder, or a minimum firesafety code adopted by the State
   83  Fire Marshal or a local authority, may exist, inspect any and
   84  all buildings and structures which are subject to the
   85  requirements of this chapter or s. 509.215 and rules promulgated
   86  thereunder. The authority to inspect shall extend to all
   87  equipment, vehicles, and chemicals which are located on or
   88  within the premises of any such building or structure.
   89         (1) Each county, municipality, and special district that
   90  has firesafety enforcement responsibilities shall employ or
   91  contract with a firesafety inspector. The firesafety inspector
   92  must conduct all firesafety inspections that are required by
   93  law. The governing body of a county, municipality, or special
   94  district that has firesafety enforcement responsibilities may
   95  provide a schedule of fees to pay only the costs of inspections
   96  conducted pursuant to this subsection and related administrative
   97  expenses. Two or more counties, municipalities, or special
   98  districts that have firesafety enforcement responsibilities may
   99  jointly employ or contract with a firesafety inspector.
  100         (2) Every firesafety inspection conducted pursuant to state
  101  or local firesafety requirements shall be by a person certified
  102  as having met the inspection training requirements set by the
  103  State Fire Marshal. Such person shall:
  104         (a) Be a high school graduate or the equivalent as
  105  determined by the department;
  106         (b) Not have been found guilty of, or having pleaded guilty
  107  or nolo contendere to, a felony or a crime punishable by
  108  imprisonment of 1 year or more under the law of the United
  109  States, or of any state thereof, which involves moral turpitude,
  110  without regard to whether a judgment of conviction has been
  111  entered by the court having jurisdiction of such cases;
  112         (c) Have her or his fingerprints on file with the
  113  department or with an agency designated by the department;
  114         (d) Have good moral character as determined by the
  115  department;
  116         (e) Be at least 18 years of age;
  117         (f) Have satisfactorily completed the firesafety inspector
  118  certification examination as prescribed by the department; and
  119         (g)1. Have satisfactorily completed, as determined by the
  120  department, a firesafety inspector training program of not less
  121  than 200 hours established by the department and administered by
  122  agencies and institutions approved by the department for the
  123  purpose of providing basic certification training for firesafety
  124  inspectors; or
  125         2. Have received in another state training which is
  126  determined by the department to be at least equivalent to that
  127  required by the department for approved firesafety inspector
  128  education and training programs in this state.
  129         (3)(a)1. Effective July 1, 2012, the classification of
  130  special state firesafety inspector is abolished and all special
  131  state firesafety inspector certifications shall expire at
  132  midnight June 30, 2012.
  133         2. Any person who is a special state firesafety inspector
  134  on June 30, 2012, and who has failed to comply with paragraph
  135  (b) or paragraph (c) may not perform any firesafety inspection
  136  required by law.
  137         3. A special state firesafety inspector certificate may not
  138  be issued after June 30, 2010.
  139         (b)1. Any person who is a special state firesafety
  140  inspector on July 1, 2010, and who has at least 5 years of
  141  experience as a special state firesafety inspector as of July 1,
  142  2010, may take the firesafety inspection examination as provided
  143  in paragraph (2)(f) for firesafety inspectors before July 1,
  144  2012, to be certified as a firesafety inspector under this
  145  section.
  146         2. Upon passing the examination, the person shall be
  147  certified as a firesafety inspector as provided in this section.
  148         3. A person who fails to become certified must comply with
  149  paragraph (c) to be certified as a firesafety inspector under
  150  this section.
  151         (c)1. To be certified as a firesafety inspector under this
  152  section, any person who:
  153         a. Is a special state firesafety inspector on July 1, 2010,
  154  and who does not have 5 years of experience as a special state
  155  firesafety inspector as of July 1, 2010; or
  156         b. Has 5 years of experience as a special state firesafety
  157  inspector but has failed the examination taken as provided in
  158  paragraph (2)(f), must take an additional 80 hours of the
  159  courses described in paragraph (2)(g).
  160         2. After successfully completing the courses described in
  161  this paragraph, such person may take the firesafety inspection
  162  examination as provided in paragraph (2)(f), if such examination
  163  is taken before July 1, 2012.
  164         3. Upon passing the examination, the person shall be
  165  certified as a firesafety inspector as provided in this section.
  166         4. A person who fails the course of study or the
  167  examination described in this paragraph may not perform any
  168  firesafety inspection required by law on or after July 1, 2012.
  169  Each special state firesafety inspection which is required by
  170  law and is conducted by or on behalf of an agency of the state
  171  must be performed by an individual who has met the provision of
  172  subsection (2), except that the duration of the training program
  173  shall not exceed 120 hours of specific training for the type of
  174  property that such special state firesafety inspectors are
  175  assigned to inspect.
  176         (4) A firefighter certified pursuant to s. 633.35 may
  177  conduct firesafety inspections, under the supervision of a
  178  certified firesafety inspector, while on duty as a member of a
  179  fire department company conducting inservice firesafety
  180  inspections without being certified as a firesafety inspector,
  181  if such firefighter has satisfactorily completed an inservice
  182  fire department company inspector training program of at least
  183  24 hours’ duration as provided by rule of the department.
  184         (5) Every firesafety inspector or special state firesafety
  185  inspector certificate is valid for a period of 3 years from the
  186  date of issuance. Renewal of certification shall be subject to
  187  the affected person’s completing proper application for renewal
  188  and meeting all of the requirements for renewal as established
  189  under this chapter or by rule adopted under this chapter
  190  promulgated thereunder, which shall include completion of at
  191  least 40 hours during the preceding 3-year period of continuing
  192  education as required by the rule of the department or, in lieu
  193  thereof, successful passage of an examination as established by
  194  the department.
  195         (6) The State Fire Marshal may deny, refuse to renew,
  196  suspend, or revoke the certificate of a firesafety inspector or
  197  special state firesafety inspector if the State Fire Marshal it
  198  finds that any of the following grounds exist:
  199         (a) Any cause for which issuance of a certificate could
  200  have been refused had it then existed and been known to the
  201  State Fire Marshal.
  202         (b) Violation of this chapter or any rule or order of the
  203  State Fire Marshal.
  204         (c) Falsification of records relating to the certificate.
  205         (d) Having been found guilty of or having pleaded guilty or
  206  nolo contendere to a felony, whether or not a judgment of
  207  conviction has been entered.
  208         (e) Failure to meet any of the renewal requirements.
  209         (f) Having been convicted of a crime in any jurisdiction
  210  which directly relates to the practice of fire code inspection,
  211  plan review, or administration.
  212         (g) Making or filing a report or record that the
  213  certificateholder knows to be false, or knowingly inducing
  214  another to file a false report or record, or knowingly failing
  215  to file a report or record required by state or local law, or
  216  knowingly impeding or obstructing such filing, or knowingly
  217  inducing another person to impede or obstruct such filing.
  218         (h) Failing to properly enforce applicable fire codes or
  219  permit requirements within this state which the
  220  certificateholder knows are applicable by committing willful
  221  misconduct, gross negligence, gross misconduct, repeated
  222  negligence, or negligence resulting in a significant danger to
  223  life or property.
  224         (i) Accepting labor, services, or materials at no charge or
  225  at a noncompetitive rate from any person who performs work that
  226  is under the enforcement authority of the certificateholder and
  227  who is not an immediate family member of the certificateholder.
  228  For the purpose of this paragraph, the term “immediate family
  229  member” means a spouse, child, parent, sibling, grandparent,
  230  aunt, uncle, or first cousin of the person or the person’s
  231  spouse or any person who resides in the primary residence of the
  232  certificateholder.
  233         (7) The department shall provide by rule for the
  234  certification of firesafety inspectors.
  235         (8) The State Fire Marshal may develop by rule an advanced
  236  training and certification program for firesafety inspectors
  237  with fire code management responsibilities. This program must be
  238  consistent with the appropriate provisions of National Fire
  239  Protection Association publication NFPA No. 1037 or similar
  240  standards adopted by the division. The program must establish
  241  minimum training, education, and experience levels for fire
  242  safety inspectors with fire code management responsibilities.
  243         (9) The Division of State Fire Marshal, and the Florida
  244  Building Code Administrators and Inspectors Board established
  245  pursuant to s. 468.605, shall enter into a reciprocity agreement
  246  to facilitate joint recognition of continuing education
  247  recertification hours for certificateholders licensed in
  248  accordance with s. 468.609 and firesafety inspectors certified
  249  under this section.
  250         Section 4. Section 1013.12, Florida Statutes, is amended to
  251  read:
  252         1013.12 Casualty, safety, sanitation, and firesafety
  253  standards and inspection of property.—
  254         (1) FIRESAFETY.—The State Board of Education shall adopt
  255  and administer rules prescribing standards for the safety and
  256  health of occupants of educational and ancillary plants as a
  257  part of State Requirements for Educational Facilities or the
  258  Florida Building Code for educational facilities construction as
  259  provided in s. 1013.37, except that the State Fire Marshal in
  260  consultation with the Department of Education shall adopt
  261  uniform firesafety standards for educational and ancillary
  262  plants and educational facilities, as provided in s.
  263  633.022(1)(b), and a firesafety evaluation system to be used as
  264  an alternate firesafety inspection standard for existing
  265  educational and ancillary plants and educational facilities. The
  266  uniform firesafety standards and the alternate firesafety
  267  evaluation system shall be administered and enforced by local
  268  fire officials certified by the State Fire Marshal under s.
  269  633.081. These standards must be used by all public agencies
  270  when inspecting public educational and ancillary plants, and the
  271  firesafety standards must be used by county, municipal, or
  272  independent special local fire control district inspectors
  273  officials when performing firesafety inspections of public
  274  educational and ancillary plants and educational facilities. In
  275  accordance with such standards, each board shall prescribe
  276  policies and procedures establishing a comprehensive program of
  277  safety and sanitation for the protection of occupants of public
  278  educational and ancillary plants. Such policies must contain
  279  procedures for periodic inspections as prescribed in this
  280  section or chapter 633 and for withdrawal of any educational and
  281  ancillary plant, or portion thereof, from use until unsafe or
  282  unsanitary conditions are corrected or removed.
  283         (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
  284  BOARDS.—
  285         (a) Each board shall provide for periodic inspection, other
  286  than firesafety inspection, of each educational and ancillary
  287  plant at least once during each fiscal year to determine
  288  compliance with standards of sanitation and casualty safety
  289  prescribed in the rules of the State Board of Education.
  290         (b) Each school cafeteria must post in a visible location
  291  and on the school website the school’s semiannual sanitation
  292  certificate and a copy of its most recent sanitation inspection
  293  report.
  294         (c) Under the direction of the fire official appointed by
  295  the board under s. 1013.371(2), firesafety inspections of each
  296  educational and ancillary plant located on property owned or
  297  leased by the board, or other educational facilities operated by
  298  the board, must be made no sooner than 1 year after issuance of
  299  a certificate of occupancy and annually thereafter. Such
  300  inspections shall be made by persons certified by the Division
  301  of State Fire Marshal under s. 633.081 to be eligible to conduct
  302  firesafety inspections in public educational and ancillary
  303  plants. The board shall submit a copy of the firesafety
  304  inspection report to the county, municipality, or independent
  305  special fire control district providing fire protection services
  306  to the school facility within 10 business days after the date of
  307  the inspection. Alternate schedules for delivery of reports may
  308  be agreed upon between the school district and the county,
  309  municipality, or independent special fire control district
  310  providing fire protection services to the site in cases in which
  311  delivery is impossible due to hurricanes or other natural
  312  disasters. Regardless, if immediate life-threatening
  313  deficiencies are noted in the report, the report shall be
  314  delivered immediately State Fire Marshal and, if there is a
  315  local fire official who conducts firesafety inspections, to the
  316  local fire official. In addition, the board and any other
  317  authority conducting the fire safety inspection shall certify to
  318  the State Fire Marshal that the annual inspection has been
  319  completed. The certification shall be made electronically or by
  320  such other means as directed by the State Fire Marshal.
  321         (d) In each firesafety inspection report, the board shall
  322  include a plan of action and a schedule for the correction of
  323  each deficiency which have been formulated in consultation with
  324  the local fire control authority. If immediate life-threatening
  325  deficiencies are noted in any inspection, the board shall either
  326  take action to promptly correct the deficiencies or withdraw the
  327  educational or ancillary plant from use until such time as the
  328  deficiencies are corrected.
  329         (3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
  330  AGENCIES.—
  331         (a) A safety or sanitation inspection of any educational or
  332  ancillary plant may be made at any time by the Department of
  333  Education or any other state or local agency authorized or
  334  required to conduct such inspections by either general or
  335  special law. Each agency conducting inspections shall use the
  336  standards adopted by the Commissioner of Education in lieu of,
  337  and to the exclusion of, any other inspection standards
  338  prescribed either by statute or administrative rule. The agency
  339  shall submit a copy of the inspection report to the board.
  340         (b) One firesafety inspection of each educational or
  341  ancillary plant located on the property owned or leased by the
  342  board, or other educational or ancillary plants operated by the
  343  school board, and each public college may must be conducted no
  344  sooner than 1 year after the issuance of the certificate of
  345  occupancy and annually thereafter each fiscal year by the
  346  county, municipality, or independent special fire control
  347  district in which the plant is located using the standards
  348  adopted by the State Fire Marshal. The board or public college
  349  shall cooperate with the inspecting authority when a firesafety
  350  inspection is made by a governmental authority under this
  351  paragraph.
  352         (c) In each firesafety inspection report prepared pursuant
  353  to this subsection, the county, municipality, or independent
  354  special local fire control district, official in conjunction
  355  with the board, shall include a plan of action and a schedule
  356  for the correction of each deficiency. If immediate life
  357  threatening deficiencies are noted in any inspection, the local
  358  county, municipality, or independent special fire control
  359  district, in conjunction with the fire official appointed by the
  360  board, shall either take action to require the board to promptly
  361  correct the deficiencies or withdraw the educational or
  362  ancillary plant facility from use until the deficiencies are
  363  corrected, subject to review by the State Fire Marshal who shall
  364  act within 10 days to ensure that the deficiencies are corrected
  365  or withdraw the plant facility from use.
  366         (4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
  367  DEFICIENCIES.—Upon failure of the board to take corrective
  368  action within a reasonable time, the agency making the
  369  inspection, other than a local fire official, may request the
  370  commissioner to:
  371         (a) Order that appropriate action be taken to correct all
  372  deficiencies in accordance with a schedule determined jointly by
  373  the inspecting authority and the board; in developing the
  374  schedule, consideration must be given to the seriousness of the
  375  deficiencies and the ability of the board to obtain the
  376  necessary funds; or
  377         (b) After 30 calendar days’ notice to the board, order all
  378  or a portion of the educational or ancillary plant withdrawn
  379  from use until the deficiencies are corrected.
  380         (5) INSPECTIONS OF CHARTER SCHOOLS NOT LOCATED ON BOARD
  381  OWNED OR LEASED PROPERTY OR OTHERWISE OPERATED BY A SCHOOL
  382  BOARD.—
  383         (a) A safety or sanitation inspection of any educational or
  384  ancillary plant may be made at any time by a state or local
  385  agency authorized or required to conduct such inspections by
  386  general or special law. The agency shall submit a copy of the
  387  inspection report to the charter school sponsor.
  388         (b) One firesafety inspection of each charter school that
  389  is not located in facilities owned or leased by the board or a
  390  public college must be conducted each fiscal year by the county,
  391  municipality, or independent special fire control district in
  392  which the charter school is located using the standards adopted
  393  by the State Fire Marshal. Upon request, the inspecting
  394  authority shall provide a copy of each firesafety report to the
  395  board in the district in which the facility is located.
  396         (c) In each firesafety inspection report and formulated in
  397  consultation with the charter school, the inspecting authority
  398  shall include a plan of action and a schedule for the correction
  399  of each deficiency. If any immediate life-threatening deficiency
  400  is noted in any inspection, the inspecting authority shall take
  401  action to require the charter school to promptly correct each
  402  deficiency or withdraw the educational or ancillary plant from
  403  use until such time as all deficiencies are corrected.
  404         (d) If the charter school fails to take corrective action
  405  within the period designated in the plan of action to correct
  406  any firesafety deficiency noted under paragraph (c), the county,
  407  municipality, or independent special fire control district shall
  408  immediately report the deficiency to the State Fire Marshal and
  409  the charter school sponsor. The State Fire Marshal shall have
  410  enforcement authority with respect to charter school educational
  411  and ancillary plants and educational facilities as provided in
  412  chapter 633 for any building or structure.
  413         (6)(5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
  414  FACILITIES.—
  415         (a) Firesafety inspections of public community college
  416  facilities, including charter schools located on board-owned or
  417  board-leased facilities or otherwise operated by public college
  418  boards, shall be made in accordance comply with the Florida Fire
  419  Prevention Code, as adopted by the State Fire Marshal.
  420  Notwithstanding s. 633.0215, provisions of the code relating to
  421  inspections of such facilities may not be subject to any local
  422  amendments as provided by s. 1013.371. Each public college
  423  facility shall be inspected annually by persons certified under
  424  s. 633.081 Board of Education rules.
  425         (b) After each required firesafety inspection, the
  426  inspecting authority shall develop a plan of action to correct
  427  each deficiency identified. The public college shall provide a
  428  copy of each firesafety inspection report to the county,
  429  municipality, or independent special fire control district in
  430  which the facility is located.
  431         (c)(b) Firesafety inspections of state universities shall
  432  comply with the Florida Fire Prevention Code, as adopted by the
  433  State Fire Marshal under s. 633.0215 rules of the Board of
  434  Governors.
  435         (7)(6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.—If a
  436  school Upon failure of the board, public college board, or
  437  charter school fails to correct any firesafety deficiency noted
  438  under this section take corrective action within the time
  439  designated in the plan of action to correct any firesafety
  440  deficiency noted under paragraph (2)(d) or paragraph (3)(c), the
  441  inspecting authority local fire official shall immediately
  442  report the deficiency to the State Fire Marshal, who shall have
  443  enforcement authority with respect to educational and ancillary
  444  plants and educational facilities as provided in chapter 633 for
  445  any other building or structure.
  446         (8)(7) ADDITIONAL STANDARDS.—In addition to any other rules
  447  adopted under this section or s. 633.022, the State Fire Marshal
  448  in consultation with the Department of Education shall adopt and
  449  administer rules prescribing the following standards for the
  450  safety and health of occupants of educational and ancillary
  451  plants:
  452         (a) The designation of serious life-safety hazards,
  453  including, but not limited to, nonfunctional fire alarm systems,
  454  nonfunctional fire sprinkler systems, doors with padlocks or
  455  other locks or devices that preclude egress at any time,
  456  inadequate exits, hazardous electrical system conditions,
  457  potential structural failure, and storage conditions that create
  458  a fire hazard.
  459         (b) The proper placement of functional smoke and heat
  460  detectors and accessible, unexpired fire extinguishers.
  461         (c) The maintenance of fire doors without doorstops or
  462  wedges improperly holding them open.
  463         (8) ANNUAL REPORT.—The State Fire Marshal shall publish an
  464  annual report to be filed with the substantive committees of the
  465  state House of Representatives and Senate having jurisdiction
  466  over education, the Commissioner of Education or his or her
  467  successor, the State Board of Education, the Board of Governors,
  468  and the Governor documenting the status of each board’s
  469  firesafety program, including the improvement or lack thereof.
  470         Section 5. Paragraph (a) of subsection (1) and subsection
  471  (2) of section 1013.371, Florida Statutes, are amended to read:
  472         1013.371 Conformity to codes.—
  473         (1) CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE
  474  PREVENTION CODE REQUIRED FOR APPROVAL.—
  475         (a) Except as otherwise provided in paragraph (b), all
  476  public educational and ancillary plants constructed by a board
  477  must conform to the Florida Building Code and the Florida Fire
  478  Prevention Code, and the plants are exempt from all other state
  479  building codes; county, municipal, or other local amendments to
  480  the Florida Building Code and local amendments to the Florida
  481  Fire Prevention Code; building permits, and assessments of fees
  482  for building permits, except as provided in s. 553.80;
  483  ordinances; road closures; and impact fees or service
  484  availability fees. Any inspection by local or state government
  485  must be based on the Florida Building Code and the Florida Fire
  486  Prevention Code. Each board shall provide for periodic
  487  inspection of the proposed educational plant during each phase
  488  of construction to determine compliance with the Florida
  489  Building Code, the Florida Fire Prevention Code, and the State
  490  Requirements for Educational Facilities.
  491         (2) ENFORCEMENT BY BOARD.—It is the responsibility of each
  492  board to ensure that all plans and educational and ancillary
  493  plants meet the standards of the Florida Building Code and the
  494  Florida Fire Prevention Code and to provide for the enforcement
  495  of these codes in the areas of its jurisdiction. Each board
  496  shall provide for the proper supervision and inspection of the
  497  work. Each board may employ a chief building official or
  498  inspector and such other inspectors, who have been certified
  499  pursuant to chapter 468, and a fire official and such other
  500  inspectors, who have been certified pursuant to chapter 633, and
  501  such personnel as are necessary to administer and enforce the
  502  provisions of such codes this code. Boards may also use local
  503  building department inspectors who are certified by the
  504  department to enforce the Florida Building Code and the State
  505  Requirements for Educational Facilities this code. Boards may
  506  also use local county, municipal, or independent special fire
  507  control district firesafety inspectors who are certified by the
  508  State Fire Marshal to conduct reviews of site plans and
  509  inspections and to enforce the Florida Fire Prevention Code.
  510  Plans or facilities that fail to meet the standards of the
  511  Florida Building Code or the Florida Fire Prevention Code may
  512  not be approved. When planning for and constructing an
  513  educational, auxiliary, or ancillary facility, a board must use
  514  construction materials and systems that meet standards adopted
  515  pursuant to s. 1013.37(1)(e)3. and 4. If the planned or actual
  516  construction of a facility deviates from the adopted standards,
  517  the board must, at a public hearing, quantify and compare the
  518  costs of constructing the facility with the proposed deviations
  519  and in compliance with the adopted standards and the Florida
  520  Building Code. The board must explain the reason for the
  521  proposed deviations and compare how the total construction costs
  522  and projected life-cycle costs of the facility or component
  523  system of the facility would be affected by implementing the
  524  proposed deviations rather than using materials and systems that
  525  meet the adopted standards.
  526         Section 6. Section 1013.38, Florida Statutes, is amended to
  527  read:
  528         1013.38 Boards to ensure that facilities comply with
  529  building codes and life safety codes.—
  530         (1) Boards shall ensure that all new construction,
  531  renovation, remodeling, day labor, and maintenance projects
  532  conform to the appropriate sections of the Florida Building
  533  Code, Florida Fire Prevention Code, or, where applicable as
  534  authorized in other sections of law, other building codes, and
  535  life safety codes.
  536         (a) For each proposed new facility and each proposed new
  537  facility addition exceeding 2,500 square feet, the board shall
  538  submit for review a minimum of one copy of the site plan to the
  539  local county, municipality, or independent special fire control
  540  district providing fire-protection services to the facility.
  541         (b) The local county, municipality, or independent special
  542  fire control district may review each site plan for compliance
  543  with the applicable provisions of the Florida Fire Prevention
  544  Code relating to fire department access roads, fire-protection
  545  system connection locations, and fire hydrant spacing. Such site
  546  plans are not subject to local amendments to the Florida Fire
  547  Prevention Code or local ordinances as provided in s. 1013.371.
  548  Site plan reviews conducted pursuant to this section shall be
  549  performed at no charge to the school board or public college
  550  board.
  551         (c) The site plan shall be deemed approved unless the local
  552  county, municipality, or independent special fire control
  553  district submits to the fire official appointed by the board, in
  554  writing, any deficiencies identified with reference to specific
  555  provisions of the Florida Fire Prevention Code within 15 days
  556  after receipt of the site plan. The fire official shall
  557  incorporate such comments into his or her review and subsequent
  558  inspections.
  559         (d) If the local county, municipality, or independent
  560  special fire control district and the fire official appointed by
  561  the board do not agree on the requirements or application of the
  562  Florida Fire Prevention Code, either party may refer the matter
  563  to the State Fire Marshal, who shall have final administrative
  564  authority in resolving the matter.
  565         (2) In addition to the submission of site plans, boards may
  566  provide compliance as follows:
  567         (a) Boards or consortia may individually or cooperatively
  568  provide review services under the insurance risk management
  569  oversight through the use of board employees or consortia
  570  employees, registered pursuant to chapter 471, chapter 481, or
  571  part XII of chapter 468 and firesafety inspectors certified
  572  under s. 633.081.
  573         (b) Boards may elect to review construction documents using
  574  their own employees registered pursuant to chapter 471, chapter
  575  481, or part XII of chapter 468 and firesafety inspectors
  576  certified under s. 633.081.
  577         (c) Boards may submit phase III construction documents for
  578  review to the department.
  579         (d) Boards or consortia may contract for plan review
  580  services directly with engineers and architects registered
  581  pursuant to chapter 471 or chapter 481 and firesafety inspectors
  582  certified under s. 633.081.
  583         (3) The Department of Management Services may, upon
  584  request, provide facilities services for the Florida School for
  585  the Deaf and the Blind, the Division of Blind Services, and
  586  public broadcasting. As used in this section, the term
  587  “facilities services” means project management, code and design
  588  plan review, and code compliance inspection for projects as
  589  defined in s. 287.017(1)(e).
  590         (4)(a) Before the commencement of any new construction,
  591  renovation, or remodeling, the board shall:
  592         1. Approve or cause to be approved the construction
  593  documents and evaluate such documents for compliance with the
  594  Florida Building Code and the Florida Fire Prevention Code.
  595         2. Ensure compliance with all applicable firesafety codes
  596  and standards by contracting with a firesafety inspector
  597  certified by the State Fire Marshal under s. 633.081.
  598         (b) A certificate of occupancy may not be issued until the
  599  board, through its designated certified building official, has
  600  determined that the building or structure and its site
  601  conditions comply with all applicable statutes and rules.
  602         (c) The method of compliance as chosen by the board
  603  pursuant to subsection (2) shall be documented and maintained as
  604  part of the construction record file.
  605         (d) Upon request by the local county, municipality, or
  606  independent special fire control district, the board shall
  607  provide reasonable access to all construction documents.
  608         Section 7. This act shall take effect July 1, 2010.

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