Bill Text: FL H0331 | 2011 | Regular Session | Introduced

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Bill Title: Firesafety

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1002 [H0331 Detail]

Download: Florida-2011-H0331-Introduced.html

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HB 331

1	A bill to be entitled
2	An act relating to firesafety; amending s. 633.01, F.S.;
3	revising the rulemaking authority and responsibilities of
4	the State Fire Marshal relating to educational and
5	ancillary plants; amending s. 633.021, F.S.; revising the
6	definition of the term "firesafety inspector"; amending s.
7	633.081, F.S.; revising requirements and procedures for
8	inspections of buildings and equipment; abolishing special
9	state firesafety inspector classifications and
10	certifications; providing criteria, procedures, and
11	requirements for special state firesafety inspectors to be
12	certified as firesafety inspectors; amending s. 1013.12,
13	F.S.; revising procedures and requirements for certain
14	standards and inspection of educational property;
15	providing procedures, criteria, and requirements for
16	inspections of charter schools; providing reporting
17	requirements; revising requirements for inspections of
18	public postsecondary education facilities; deleting a
19	provision requiring that the State Fire Marshal publish an
20	annual report; amending s. 1013.371, F.S.; revising
21	firesafety inspection requirements for educational
22	institution boards to conform to certain codes; revising
23	certain code enforcement authority of such boards;
24	amending s. 1013.38, F.S.; requiring educational
25	institution boards to submit certain facility site plans
26	to certain local governmental entities for review;
27	authorizing such entities to review site plans for
28	compliance with certain provisions of the Florida Fire
29	Prevention Code; specifying that site plans are not
30	subject to local ordinances or local amendments to the
31	Florida Fire Prevention Code; providing criteria for
32	approving site plans and correcting firesafety compliance
33	deficiencies; providing for referral of disputes to the
34	State Fire Marshal; authorizing such boards to use certain
35	firesafety inspectors for certain compliance reviews;
36	imposing additional requirements for such boards relating
37	to construction, renovation, or remodeling of educational
38	facilities; providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Subsection (7) of section 633.01, Florida
43	Statutes, is amended to read:
44	633.01  State Fire Marshal; powers and duties; rules.-
45	(7)  The State Fire Marshal, in consultation with the
46	Department of Education, shall adopt and administer rules
47	prescribing standards for the safety and health of occupants of
48	educational and ancillary facilities pursuant to ss. 633.022,
49	1013.12, 1013.37, and 1013.371. In addition, in any county that
50	does not employ or appoint a firesafety inspector certified
51	under s. 633.081 local fire official, the State Fire Marshal
52	shall assume the duties of the local county, municipality, or
53	independent special fire control district as defined in s.
54	191.003 fire official with respect to firesafety inspections of
55	educational property required under s. 1013.12(3)(b), and the
56	State Fire Marshal may take necessary corrective action as
57	authorized under s. 1013.12(7)(6).
58	Section 2.  Subsection (11) of section 633.021, Florida
59	Statutes, is amended to read:
60	633.021  Definitions.-As used in this chapter:
61	(11)  A "firesafety inspector" is an individual certified
62	by the State Fire Marshal under s. 633.081 who is officially
63	assigned the duties of conducting firesafety inspections of
64	buildings and facilities on a recurring or regular basis on
65	behalf of the state or any county, municipality, or special
66	district with firesafety responsibilities.
67	Section 3.  Section 633.081, Florida Statutes, is amended
68	to read:
69	633.081  Inspection of buildings and equipment; orders;
70	firesafety inspection training requirements; certification;
71	disciplinary action.-The State Fire Marshal and her or his
72	agents shall, at any reasonable hour, when the State Fire
73	Marshal has reasonable cause to believe that a violation of this
74	chapter or s. 509.215, or a rule promulgated thereunder, or a
75	minimum firesafety code adopted by the State Fire Marshal or a
76	local authority, may exist, inspect any and all buildings and
77	structures which are subject to the requirements of this chapter
78	or s. 509.215 and rules promulgated thereunder. The authority to
79	inspect shall extend to all equipment, vehicles, and chemicals
80	which are located on or within the premises of any such building
81	or structure.
82	(1)  Each county, municipality, and special district that
83	has firesafety enforcement responsibilities shall employ or
84	contract with a firesafety inspector. Except as provided in s.
85	633.082(2), the firesafety inspector must conduct all firesafety
86	inspections that are required by law. The governing body of a
87	county, municipality, or special district that has firesafety
88	enforcement responsibilities may provide a schedule of fees to
89	pay only the costs of inspections conducted pursuant to this
90	subsection and related administrative expenses. Two or more
91	counties, municipalities, or special districts that have
92	firesafety enforcement responsibilities may jointly employ or
93	contract with a firesafety inspector.
94	(2)  Except as provided in s. 633.082(2), every firesafety
95	inspection conducted pursuant to state or local firesafety
96	requirements shall be by a person certified as having met the
97	inspection training requirements set by the State Fire Marshal.
98	Such person shall:
99	(a)  Be a high school graduate or the equivalent as
100	determined by the department;
101	(b)  Not have been found guilty of, or having pleaded
102	guilty or nolo contendere to, a felony or a crime punishable by
103	imprisonment of 1 year or more under the law of the United
104	States, or of any state thereof, which involves moral turpitude,
105	without regard to whether a judgment of conviction has been
106	entered by the court having jurisdiction of such cases;
107	(c)  Have her or his fingerprints on file with the
108	department or with an agency designated by the department;
109	(d)  Have good moral character as determined by the
110	department;
111	(e)  Be at least 18 years of age;
112	(f)  Have satisfactorily completed the firesafety inspector
113	certification examination as prescribed by the department; and
114	(g)1.  Have satisfactorily completed, as determined by the
115	department, a firesafety inspector training program of not less
116	than 200 hours established by the department and administered by
117	agencies and institutions approved by the department for the
118	purpose of providing basic certification training for firesafety
119	inspectors; or
120	2.  Have received in another state training which is
121	determined by the department to be at least equivalent to that
122	required by the department for approved firesafety inspector
123	education and training programs in this state.
124	(3)(a)1.  Effective July 1, 2013, the classification of
125	special state firesafety inspector is abolished and all special
126	state firesafety inspector certifications shall expire at
127	midnight June 30, 2013.
128	2.  Any person who is a special state firesafety inspector
129	on June 30, 2013, and who has failed to comply with paragraph
130	(b) or paragraph (c) may not perform any firesafety inspection
131	required by law.
132	3.  A special state firesafety inspector certificate may
133	not be issued after June 30, 2011.
134	(b)1.  Any person who is a special state firesafety
135	inspector on July 1, 2011, and who has at least 5 years of
136	experience as a special state firesafety inspector as of July 1,
137	2011, may take the firesafety inspection examination as provided
138	in paragraph (2)(f) for firesafety inspectors before July 1,
139	2013, to be certified as a firesafety inspector under this
140	section.
141	2.  Upon passing the examination, the person shall be
142	certified as a firesafety inspector as provided in this section.
143	3.  A person who fails to become certified must comply with
144	paragraph (c) to be certified as a firesafety inspector under
145	this section.
146	(c)1.  To be certified as a firesafety inspector under this
147	section, any person who:
148	a.  Is a special state firesafety inspector on July 1,
149	2011, and who does not have 5 years of experience as a special
150	state firesafety inspector as of July 1, 2011; or
151	b.  Has 5 years of experience as a special state firesafety
152	inspector but has failed the examination taken as provided in
153	paragraph (2)(f),
154
155	must take an additional 80 hours of the courses described in
156	paragraph (2)(g).
157	2.  After successfully completing the courses described in
158	this paragraph, such person may take the firesafety inspection
159	examination as provided in paragraph (2)(f), if such examination
160	is taken before July 1, 2013.
161	3.  Upon passing the examination, the person shall be
162	certified as a firesafety inspector as provided in this section.
163	4.  A person who fails the course of study or the
164	examination described in this paragraph may not perform any
165	firesafety inspection required by law on or after July 1, 2013.
166	Each special state firesafety inspection which is required by
167	law and is conducted by or on behalf of an agency of the state
168	must be performed by an individual who has met the provision of
169	subsection (2), except that the duration of the training program
170	shall not exceed 120 hours of specific training for the type of
171	property that such special state firesafety inspectors are
172	assigned to inspect.
173	(4)  A firefighter certified pursuant to s. 633.35 may
174	conduct firesafety inspections, under the supervision of a
175	certified firesafety inspector, while on duty as a member of a
176	fire department company conducting inservice firesafety
177	inspections without being certified as a firesafety inspector,
178	if such firefighter has satisfactorily completed an inservice
179	fire department company inspector training program of at least
180	24 hours' duration as provided by rule of the department.
181	(5)  Every firesafety inspector or special state firesafety
182	inspector certificate is valid for a period of 3 years from the
183	date of issuance. Renewal of certification is shall be subject
184	to the affected person's completing proper application for
185	renewal and meeting all of the requirements for renewal as
186	established under this chapter or by rule adopted under this
187	chapter promulgated thereunder, which shall include completion
188	of at least 40 hours during the preceding 3-year period of
189	continuing education as required by the rule of the department
190	or, in lieu thereof, successful passage of an examination as
191	established by the department.
192	(6)  The State Fire Marshal may deny, refuse to renew,
193	suspend, or revoke the certificate of a firesafety inspector or
194	special state firesafety inspector if the State Fire Marshal it
195	finds that any of the following grounds exist:
196	(a)  Any cause for which issuance of a certificate could
197	have been refused had it then existed and been known to the
198	State Fire Marshal.
199	(b)  Violation of this chapter or any rule or order of the
200	State Fire Marshal.
201	(c)  Falsification of records relating to the certificate.
202	(d)  Having been found guilty of or having pleaded guilty
203	or nolo contendere to a felony, whether or not a judgment of
204	conviction has been entered.
205	(e)  Failure to meet any of the renewal requirements.
206	(f)  Having been convicted of a crime in any jurisdiction
207	which directly relates to the practice of fire code inspection,
208	plan review, or administration.
209	(g)  Making or filing a report or record that the
210	certificateholder knows to be false, or knowingly inducing
211	another to file a false report or record, or knowingly failing
212	to file a report or record required by state or local law, or
213	knowingly impeding or obstructing such filing, or knowingly
214	inducing another person to impede or obstruct such filing.
215	(h)  Failing to properly enforce applicable fire codes or
216	permit requirements within this state which the
217	certificateholder knows are applicable by committing willful
218	misconduct, gross negligence, gross misconduct, repeated
219	negligence, or negligence resulting in a significant danger to
220	life or property.
221	(i)  Accepting labor, services, or materials at no charge
222	or at a noncompetitive rate from any person who performs work
223	that is under the enforcement authority of the certificateholder
224	and who is not an immediate family member of the
225	certificateholder. For the purpose of this paragraph, the term
226	"immediate family member" means a spouse, child, parent,
227	sibling, grandparent, aunt, uncle, or first cousin of the person
228	or the person's spouse or any person who resides in the primary
229	residence of the certificateholder.
230	(7)  The Division of State Fire Marshal and the Florida
231	Building Code Administrators and Inspectors Board, established
232	pursuant to s. 468.605, shall enter into a reciprocity agreement
233	to facilitate joint recognition of continuing education
234	recertification hours for certificateholders licensed under s.
235	468.609 and firesafety inspectors certified under subsection
236	(2).
237	(8)  The State Fire Marshal shall develop by rule an
238	advanced training and certification program for firesafety
239	inspectors having fire code management responsibilities. The
240	program must be consistent with the appropriate provisions of
241	NFPA 1037, or similar standards adopted by the division, and
242	establish minimum training, education, and experience levels for
243	firesafety inspectors having fire code management
244	responsibilities.
245	(9)  The department shall provide by rule for the
246	certification of firesafety inspectors.
247	Section 4.  Section 1013.12, Florida Statutes, is amended
248	to read:
249	1013.12  Casualty, safety, sanitation, and firesafety
250	standards and inspection of property.-
251	(1)  FIRESAFETY.-The State Board of Education shall adopt
252	and administer rules prescribing standards for the safety and
253	health of occupants of educational and ancillary plants as a
254	part of State Requirements for Educational Facilities or the
255	Florida Building Code for educational facilities construction as
256	provided in s. 1013.37, except that the State Fire Marshal in
257	consultation with the Department of Education shall adopt
258	uniform firesafety standards for educational and ancillary
259	plants and educational facilities, as provided in s.
260	633.022(1)(b), and a firesafety evaluation system to be used as
261	an alternate firesafety inspection standard for existing
262	educational and ancillary plants and educational facilities. The
263	uniform firesafety standards and the alternate firesafety
264	evaluation system shall be administered and enforced by local
265	fire officials certified by the State Fire Marshal under s.
266	633.081. These standards must be used by all public agencies
267	when inspecting public educational and ancillary plants, and the
268	firesafety standards must be used by county, municipal, or
269	independent special local fire control district inspectors
270	officials when performing firesafety inspections of public
271	educational and ancillary plants and educational facilities. In
272	accordance with such standards, each board shall prescribe
273	policies and procedures establishing a comprehensive program of
274	safety and sanitation for the protection of occupants of public
275	educational and ancillary plants. Such policies must contain
276	procedures for periodic inspections as prescribed in this
277	section or chapter 633 and for withdrawal of any educational and
278	ancillary plant, or portion thereof, from use until unsafe or
279	unsanitary conditions are corrected or removed.
280	(2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
281	BOARDS.-
282	(a)  Each board shall provide for periodic inspection,
283	other than firesafety inspection, of each educational and
284	ancillary plant at least once during each fiscal year to
285	determine compliance with standards of sanitation and casualty
286	safety prescribed in the rules of the State Board of Education.
287	(b)  Each school cafeteria must post in a visible location
288	and on the school website the school's semiannual sanitation
289	certificate and a copy of its most recent sanitation inspection
290	report.
291	(c)  Under the direction of the fire official appointed by
292	the board under s. 1013.371(2), firesafety inspections of each
293	educational and ancillary plant located on property owned or
294	leased by the board, or other educational facilities operated by
295	the board, must be made no sooner than 1 year after issuance of
296	a certificate of occupancy and annually thereafter. Such
297	inspections shall be made by persons certified by the Division
298	of State Fire Marshal under s. 633.081 to be eligible to conduct
299	firesafety inspections in public educational and ancillary
300	plants. The board shall submit a copy of the firesafety
301	inspection report to the county, municipality, or independent
302	special fire control district providing fire protection services
303	to the school facility within 10 business days after the date of
304	the inspection. Alternate schedules for delivery of reports may
305	be agreed upon between the school district and the county,
306	municipality, or independent special fire control district
307	providing fire protection services to the site in cases in which
308	delivery is impossible due to hurricanes or other natural
309	disasters. Regardless, if immediate life-threatening
310	deficiencies are noted in the report, the report shall be
311	delivered immediately State Fire Marshal and, if there is a
312	local fire official who conducts firesafety inspections, to the
313	local fire official. In addition, the board and any other
314	authority conducting the fire safety inspection shall certify to
315	the State Fire Marshal that the annual inspection has been
316	completed. The certification shall be made electronically or by
317	such other means as directed by the State Fire Marshal.
318	(d)  In each firesafety inspection report, the board shall
319	include a plan of action and a schedule for the correction of
320	each deficiency which have been formulated in consultation with
321	the local fire control authority. If immediate life-threatening
322	deficiencies are noted in any inspection, the board shall either
323	take action to promptly correct the deficiencies or withdraw the
324	educational or ancillary plant from use until such time as the
325	deficiencies are corrected.
326	(3)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
327	AGENCIES.-
328	(a)  A safety or sanitation inspection of any educational
329	or ancillary plant may be made at any time by the Department of
330	Education or any other state or local agency authorized or
331	required to conduct such inspections by either general or
332	special law. Each agency conducting inspections shall use the
333	standards adopted by the Commissioner of Education in lieu of,
334	and to the exclusion of, any other inspection standards
335	prescribed either by statute or administrative rule. The agency
336	shall submit a copy of the inspection report to the board.
337	(b)  One firesafety inspection of each educational or
338	ancillary plant located on the property owned or leased by the
339	board, or other educational or ancillary plants operated by the
340	school board, and each public college may must be conducted no
341	sooner than 1 year after the issuance of the certificate of
342	occupancy and annually thereafter each fiscal year by the
343	county, municipality, or independent special fire control
344	district in which the plant is located using the standards
345	adopted by the State Fire Marshal. The board or public college
346	shall cooperate with the inspecting authority when a firesafety
347	inspection is made by a governmental authority under this
348	paragraph.
349	(c)  In each firesafety inspection report prepared pursuant
350	to this subsection, the county, municipality, or independent
351	special local fire control district, official in conjunction
352	with the board, shall include a plan of action and a schedule
353	for the correction of each deficiency. If immediate life-
354	threatening deficiencies are noted in any inspection, the local
355	county, municipality, or independent special fire control
356	district, in conjunction with the fire official appointed by the
357	board, shall either take action to require the board to promptly
358	correct the deficiencies or withdraw the educational or
359	ancillary plant facility from use until the deficiencies are
360	corrected, subject to review by the State Fire Marshal who shall
361	act within 10 days to ensure that the deficiencies are corrected
362	or withdraw the plant facility from use.
363	(4)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
364	DEFICIENCIES.-Upon failure of the board to take corrective
365	action within a reasonable time, the agency making the
366	inspection, other than a local fire official, may request the
367	commissioner to:
368	(a)  Order that appropriate action be taken to correct all
369	deficiencies in accordance with a schedule determined jointly by
370	the inspecting authority and the board; in developing the
371	schedule, consideration must be given to the seriousness of the
372	deficiencies and the ability of the board to obtain the
373	necessary funds; or
374	(b)  After 30 calendar days' notice to the board, order all
375	or a portion of the educational or ancillary plant withdrawn
376	from use until the deficiencies are corrected.
377	(5)  INSPECTIONS OF CHARTER SCHOOLS NOT LOCATED ON BOARD-
378	OWNED OR LEASED PROPERTY OR OTHERWISE OPERATED BY A SCHOOL
379	BOARD.-
380	(a)  A safety or sanitation inspection of any educational
381	or ancillary plant may be made at any time by a state or local
382	agency authorized or required to conduct such inspections by
383	general or special law. The agency shall submit a copy of the
384	inspection report to the charter school sponsor.
385	(b)  One firesafety inspection of each charter school that
386	is not located in facilities owned or leased by the board or a
387	public college must be conducted each fiscal year by the county,
388	municipality, or independent special fire control district in
389	which the charter school is located using the standards adopted
390	by the State Fire Marshal. Upon request, the inspecting
391	authority shall provide a copy of each firesafety report to the
392	board in the district in which the facility is located.
393	(c)  In each firesafety inspection report and formulated in
394	consultation with the charter school, the inspecting authority
395	shall include a plan of action and a schedule for the correction
396	of each deficiency. If any immediate life-threatening deficiency
397	is noted in any inspection, the inspecting authority shall take
398	action to require the charter school to promptly correct each
399	deficiency or withdraw the educational or ancillary plant from
400	use until such time as all deficiencies are corrected.
401	(d)  If the charter school fails to take corrective action
402	within the period designated in the plan of action to correct
403	any firesafety deficiency noted under paragraph (c), the county,
404	municipality, or independent special fire control district shall
405	immediately report the deficiency to the State Fire Marshal and
406	the charter school sponsor. The State Fire Marshal has
407	enforcement authority with respect to charter school educational
408	and ancillary plants and educational facilities as provided in
409	chapter 633 for any building or structure.
410	(6)(5)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
411	FACILITIES.-
412	(a)  Firesafety inspections of public community college
413	facilities, including charter schools located on board-owned or
414	board-leased facilities or otherwise operated by public college
415	boards, shall be made in accordance comply with the Florida Fire
416	Prevention Code, as adopted by the State Fire Marshal.
417	Notwithstanding s. 633.0215, provisions of the code relating to
418	inspections of such facilities are not subject to any local
419	amendments as provided by s. 1013.371. Each public college
420	facility shall be inspected annually by persons certified under
421	s. 633.081 Board of Education rules.
422	(b)  After each required firesafety inspection, the
423	inspecting authority shall develop a plan of action to correct
424	each deficiency identified. The public college shall provide a
425	copy of each firesafety inspection report to the county,
426	municipality, or independent special fire control district in
427	which the facility is located.
428	(c)(b)  Firesafety inspections of state universities shall
429	comply with the Florida Fire Prevention Code, as adopted by the
430	State Fire Marshal under s. 633.0215 regulations of the Board of
431	Governors.
432	(7)(6)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.-If a
433	school Upon failure of the board, public college board, or
434	charter school fails to correct any firesafety deficiency noted
435	under this section take corrective action within the time
436	designated in the plan of action to correct any firesafety
437	deficiency noted under paragraph (2)(d) or paragraph (3)(c), the
438	inspecting authority local fire official shall immediately
439	report the deficiency to the State Fire Marshal, who has shall
440	have enforcement authority with respect to educational and
441	ancillary plants and educational facilities as provided in
442	chapter 633 for any other building or structure.
443	(8)(7)  ADDITIONAL STANDARDS.-In addition to any other
444	rules adopted under this section or s. 633.022, the State Fire
445	Marshal in consultation with the Department of Education shall
446	adopt and administer rules prescribing the following standards
447	for the safety and health of occupants of educational and
448	ancillary plants:
449	(a)  The designation of serious life-safety hazards,
450	including, but not limited to, nonfunctional fire alarm systems,
451	nonfunctional fire sprinkler systems, doors with padlocks or
452	other locks or devices that preclude egress at any time,
453	inadequate exits, hazardous electrical system conditions,
454	potential structural failure, and storage conditions that create
455	a fire hazard.
456	(b)  The proper placement of functional smoke and heat
457	detectors and accessible, unexpired fire extinguishers.
458	(c)  The maintenance of fire doors without doorstops or
459	wedges improperly holding them open.
460	(8)  ANNUAL REPORT.-The State Fire Marshal shall publish an
461	annual report to be filed with the substantive committees of the
462	state House of Representatives and Senate having jurisdiction
463	over education, the Commissioner of Education or his or her
464	successor, the State Board of Education, the Board of Governors,
465	and the Governor documenting the status of each board's
466	firesafety program, including the improvement or lack thereof.
467	Section 5.  Paragraph (a) of subsection (1) and subsection
468	(2) of section 1013.371, Florida Statutes, are amended to read:
469	1013.371  Conformity to codes.-
470	(1)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA FIRE
471	PREVENTION CODE REQUIRED FOR APPROVAL.-
472	(a)  Except as otherwise provided in paragraph (b), all
473	public educational and ancillary plants constructed by a board
474	must conform to the Florida Building Code and the Florida Fire
475	Prevention Code, and the plants are exempt from all other state
476	building codes; county, municipal, or other local amendments to
477	the Florida Building Code and local amendments to the Florida
478	Fire Prevention Code; building permits, and assessments of fees
479	for building permits, except as provided in s. 553.80;
480	ordinances; road closures; and impact fees or service
481	availability fees. Any inspection by local or state government
482	must be based on the Florida Building Code and the Florida Fire
483	Prevention Code. Each board shall provide for periodic
484	inspection of the proposed educational plant during each phase
485	of construction to determine compliance with the Florida
486	Building Code, the Florida Fire Prevention Code, and the State
487	Requirements for Educational Facilities.
488	(2)  ENFORCEMENT BY BOARD.-It is the responsibility of each
489	board to ensure that all plans and educational and ancillary
490	plants meet the standards of the Florida Building Code and the
491	Florida Fire Prevention Code and to provide for the enforcement
492	of these codes in the areas of its jurisdiction. Each board
493	shall provide for the proper supervision and inspection of the
494	work. Each board may employ a chief building official or
495	inspector and such other inspectors, who have been certified
496	pursuant to chapter 468, and a fire official and such other
497	inspectors, who have been certified pursuant to chapter 633, and
498	such personnel as are necessary to administer and enforce the
499	provisions of such codes this code. Boards may also use local
500	building department inspectors who are certified by the
501	department to enforce the Florida Building Code and the State
502	Requirements for Educational Facilities this code. Boards may
503	also use local county, municipal, or independent special fire
504	control district firesafety inspectors who are certified by the
505	State Fire Marshal to conduct reviews of site plans and
506	inspections and to enforce the Florida Fire Prevention Code.
507	Plans or facilities that fail to meet the standards of the
508	Florida Building Code or the Florida Fire Prevention Code may
509	not be approved. When planning for and constructing an
510	educational, auxiliary, or ancillary facility, a board must use
511	construction materials and systems that meet standards adopted
512	pursuant to s. 1013.37(1)(e)3. and 4. If the planned or actual
513	construction of a facility deviates from the adopted standards,
514	the board must, at a public hearing, quantify and compare the
515	costs of constructing the facility with the proposed deviations
516	and in compliance with the adopted standards and the Florida
517	Building Code. The board must explain the reason for the
518	proposed deviations and compare how the total construction costs
519	and projected life-cycle costs of the facility or component
520	system of the facility would be affected by implementing the
521	proposed deviations rather than using materials and systems that
522	meet the adopted standards.
523	Section 6.  Section 1013.38, Florida Statutes, is amended
524	to read:
525	1013.38  Boards to ensure that facilities comply with
526	building codes and life safety codes.-
527	(1)  Boards shall ensure that all new construction,
528	renovation, remodeling, day labor, and maintenance projects
529	conform to the appropriate sections of the Florida Building
530	Code, Florida Fire Prevention Code, or, where applicable as
531	authorized in other sections of law, other building codes, and
532	life safety codes.
533	(a)  For each proposed new facility and each proposed new
534	facility addition exceeding 2,500 square feet, the board shall
535	submit for review a minimum of one copy of the site plan to the
536	local county, municipality, or independent special fire control
537	district providing fire-protection services to the facility.
538	(b)  The local county, municipality, or independent special
539	fire control district may review each site plan for compliance
540	with the applicable provisions of the Florida Fire Prevention
541	Code relating to fire department access roads, fire-protection
542	system connection locations, and fire hydrant spacing. Such site
543	plans are not subject to local amendments to the Florida Fire
544	Prevention Code or local ordinances as provided in s. 1013.371.
545	Site plan reviews conducted pursuant to this section shall be
546	performed at no charge to the school board or public college
547	board.
548	(c)  The site plan shall be deemed approved unless the
549	local county, municipality, or independent special fire control
550	district submits to the fire official appointed by the board, in
551	writing, any deficiencies identified with reference to specific
552	provisions of the Florida Fire Prevention Code within 15 days
553	after receipt of the site plan. The fire official shall
554	incorporate such comments into his or her review and subsequent
555	inspections.
556	(d)  If the local county, municipality, or independent
557	special fire control district and the fire official appointed by
558	the board do not agree on the requirements or application of the
559	Florida Fire Prevention Code, either party may refer the matter
560	to the State Fire Marshal, who shall have final administrative
561	authority in resolving the matter.
562	(2)  In addition to the submission of site plans, boards
563	may provide compliance as follows:
564	(a)  Boards or consortia may individually or cooperatively
565	provide review services under the insurance risk management
566	oversight through the use of board employees or consortia
567	employees, registered pursuant to chapter 471, chapter 481, or
568	part XII of chapter 468 and firesafety inspectors certified
569	under s. 633.081.
570	(b)  Boards may elect to review construction documents
571	using their own employees registered pursuant to chapter 471,
572	chapter 481, or part XII of chapter 468 and firesafety
573	inspectors certified under s. 633.081.
574	(c)  Boards may submit phase III construction documents for
575	review to the department.
576	(d)  Boards or consortia may contract for plan review
577	services directly with engineers and architects registered
578	pursuant to chapter 471 or chapter 481 and firesafety inspectors
579	certified under s. 633.081.
580	(3)  The Department of Management Services may, upon
581	request, provide facilities services for the Florida School for
582	the Deaf and the Blind, the Division of Blind Services, and
583	public broadcasting. As used in this section, the term
584	"facilities services" means project management, code and design
585	plan review, and code compliance inspection for projects as
586	defined in s. 287.017(5).
587	(4)(a)  Before the commencement of any new construction,
588	renovation, or remodeling, the board shall:
589	1.  Approve or cause to be approved the construction
590	documents and evaluate such documents for compliance with the
591	Florida Building Code and the Florida Fire Prevention Code.
592	2.  Ensure compliance with all applicable firesafety codes
593	and standards by contracting with a firesafety inspector
594	certified by the State Fire Marshal under s. 633.081.
595	(b)  A certificate of occupancy may not be issued until the
596	board, through its designated certified building official, has
597	determined that the building or structure and its site
598	conditions comply with all applicable statutes and rules.
599	(c)  The method of compliance as chosen by the board
600	pursuant to subsection (2) shall be documented and maintained as
601	part of the construction record file.
602	(d)  Upon request by the local county, municipality, or
603	independent special fire control district, the board shall
604	provide reasonable access to all construction documents.
605	Section 7.  This act shall take effect July 1, 2011.

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