Bill Text: FL S1074 | 2010 | Regular Session | Comm Sub

---

Bill Title: Firesafety [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Higher Education, companion bill(s) passed, see CS/CS/CS/CS/HB 663 (Ch. 2010-176) [S1074 Detail]

Download: Florida-2010-S1074-Comm_Sub.html

---

 
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.