Bill Text: FL S1148 | 2015 | Regular Session | Comm Sub
Bill Title: Firesafety
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-05-01 - Died on Calendar [S1148 Detail]
Download: Florida-2015-S1148-Comm_Sub.html
Florida Senate - 2015 CS for SB 1148 By the Committee on Appropriations; and Senator Stargel 576-04258-15 20151148c1 1 A bill to be entitled 2 An act relating to firesafety; amending s. 633.202, 3 F.S.; defining terms; exempting nonresidential farm 4 buildings and agricultural pole barns, rather than 5 specified structures located on agricultural property, 6 from the Florida Fire Prevention Code under specified 7 circumstances; requiring the State Fire Marshal to 8 conduct a study addressing certain secondary uses of 9 nonresidential farm buildings; requiring the State 10 Fire Marshal to convene a workgroup by a specified 11 date to assist with the study; requiring the State 12 Fire Marshal to initiate rulemaking by a specified 13 date if the study determines that certain life safety 14 or fire prevention standards are required; revising 15 the maximum measurements of a tent that is exempt from 16 the Florida Fire Prevention Code; amending s. 633.208, 17 F.S.; authorizing a local fire official to consider a 18 specified publication when identifying an alternative 19 to a firesafety code; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (16) of section 633.202, Florida 24 Statutes, is amended to read: 25 633.202 Florida Fire Prevention Code.— 26 (16)(a) As used in this subsection, the term: 27 1. “Agricultural pole barn” means a nonresidential farm 28 building in which 90 percent or more of the perimeter walls are 29 permanently open and allow free ingress and egress. 30 2. “Nonresidential farm building” has the same meaning 31 provided in s. 604.50. 32 (b) A nonresidential farm buildingstructure, located on33property that is classified for ad valorem purposes as34agricultural, which is part of a farming or ranching operation,35 in which the occupancy is limited by the property owner to no 36 more than 35 persons,and which is not used by the publicfor37direct sales oras an educational outreach facility,is exempt 38 from the Florida Fire Prevention Code, including the national 39 codes and Life Safety Code incorporated by reference.This40paragraph does not include structures used for residential or41assembly occupancies, as defined in the Florida Fire Prevention42Code.43 (c) Notwithstanding any other provision of law, a 44 nonresidential farm building is exempt from the Florida Fire 45 Prevention Code, including the national codes and the Life 46 Safety Code incorporated by reference, if all of the following 47 conditions are met: 48 1. The nonresidential farm building is used by the owner 49 only for the secondary purposes of assembly, business, or 50 mercantile occupancy, as defined in the Florida Fire Prevention 51 Code, and is not used for lodging purposes. 52 2. Each event has less than 100 persons occupying the 53 building at one time. 54 3. There are at least two means of egress or openings of at 55 least 36 inches in width and 80 inches in height. 56 4. The nonresidential farm building provides at least 7 57 square feet per person in attendance if the building is not 58 concentrated with chairs, tables, or other obstacles, and 15 59 square feet per person in attendance if the building is 60 concentrated with chairs, tables, or other obstacles. 61 5. The storage of combustible or flammable liquids inside 62 the nonresidential farm building during each event is not 63 permitted. 64 (d) Notwithstanding any other provision of law, an 65 agricultural pole barn is exempt from the Florida Fire 66 Prevention Code, including the national fire codes and the Life 67 Safety Code incorporated by reference. 68 (e) The State Fire Marshal shall conduct a study on the 69 secondary use of nonresidential farm buildings as assembly, 70 business, or mercantile occupancies that exceed 100 persons in 71 attendance and on the development of a fire safety evaluation 72 system for nonresidential farm buildings used for those 73 occupancies. 74 1. The State Fire Marshal shall convene a workgroup on or 75 before September 1, 2015, to assist with the study. The 76 workgroup must include a representative of the Florida 77 Agritourism Association, the Florida Farm Bureau, the Department 78 of Agriculture and Consumer Services, the Florida Fire Chiefs’ 79 Association, the Florida Professional Firefighters Association, 80 the Florida Fire Marshals and Inspectors Association, and the 81 Florida Volunteer Firefighters Association. The workgroup may 82 include other interested parties. 83 2. If the study determines that the secondary use of 84 nonresidential farm buildings as described in this paragraph 85 requires alternative life safety or fire prevention standards 86 instead of those currently specified in the Florida Fire 87 Prevention Code, the State Fire Marshal shall in coordination 88 with the Department of Agriculture and Consumer Services adopt 89 the alternative standards by rule. Such rulemaking shall be 90 initiated on or before December 1, 2015. 91 (17)(b)A tent up to 900 square30feetby 30 feetis 92 exempt from the Florida Fire Prevention Code, including the 93 national codes incorporated by reference. 94 Section 2. Subsection (5) of section 633.208, Florida 95 Statutes, is amended to read: 96 633.208 Minimum firesafety standards.— 97 (5) With regard to existing buildings, the Legislature 98 recognizes that it is not always practical to apply any or all 99 of the provisions of the Florida Fire Prevention Code and that 100 physical limitations may require disproportionate effort or 101 expense with little increase in fire or life safety. Before 102Prior toapplying the minimum firesafety code to an existing 103 building, the local fire official shall determine that a threat 104 to lifesafety or property exists. If a threat to lifesafety or 105 property exists, the fire official shall apply the applicable 106 firesafety code for existing buildings to the extent practical 107 to assure a reasonable degree of lifesafety and safety of 108 property or the fire official shall fashion a reasonable 109 alternative thatwhichaffords an equivalent degree of 110 lifesafety and safety of property. The local fire official may 111 consider the Fire Safety Evaluation System found in NFPA 101A, 112 Guide on Alternative Solutions to Life Safety, adopted by the 113 State Fire Marshal, as an acceptable source for the 114 identification of low-cost, reasonable alternatives. The 115 decision of the local fire official may be appealed to the local 116 administrative board described in s. 553.73. 117 Section 3. This act shall take effect July 1, 2015.