Bill Text: FL H0531 | 2010 | Regular Session | Introduced

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Bill Title: Firesafety

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Insurance, Business, & Financial Affairs Policy (GGPC), companion bill(s) passed, see CS/CS/CS/CS/HB 663 (Ch. 2010-176) [H0531 Detail]

Download: Florida-2010-H0531-Introduced.html

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HB 531

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

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