Florida Senate - 2008 CS for SB 2388
By the Committee on Banking and Insurance; and Senator Saunders
597-06362-08 20082388c1
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A bill to be entitled
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An act relating to fire prevention and control; amending
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amending s. 553.895, F.S.; revising outdated publication
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references; amending s. 633.01, F.S.; revising a provision
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relating to requirements for the State Fire Marshal to
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make certain firesafety inspections and take certain
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corrective actions; amending s. 633.02, F.S.; providing
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the correct name for the State Fire Marshal; amending s.
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633.022, F.S.; revising provisions relating to uniform
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firesafety standards to include application to tunnels;
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revising requirements pertaining to supervised automatic
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sprinkler systems within nursing homes; creating s.
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633.0221, F.S.; requiring the State Fire Marshal, in
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consultation with the Department of Education, to adopt
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uniform firesafety standards for educational facilities;
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specifying uniform firesafety standards; providing for
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periodic inspections of property by district school
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boards; providing for inspections of educational property
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by the State Fire Marshal; providing for inspections of
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public postsecondary education facilities; providing for
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actions to correct firesafety deficiencies; specifying
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additional standards; amending s. 633.0245, F.S.; changing
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the application deadline for participation in the State
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Fire Marshal Nursing Home Loan Guarantee Program; amending
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s. 633.025, F.S.; providing requirements for firesafety
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plans and inspections for manufactured buildings; amending
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s. 633.03, F.S.; expanding application of authority of the
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State Fire Marshal to investigate fires to include
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explosions; amending s. 633.061, F.S.; revising the type
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of fire suppression equipment in which a person must be
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licensed in order to engage in the business of servicing,
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inspecting, recharging, hydrotesting, or installing;
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revising the requirements for the renewal of a license to
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engage in the business of servicing, inspecting,
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recharging, hydrotesting, or installing fire suppression
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equipment; amending s. 633.081, F.S.; authorizing the
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State Fire Marshal to inspect buildings or structures for
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certain violations; abolishing special state firesafety
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inspector classifications; providing for certification as
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a firesafety inspector; providing application and
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examination requirements; authorizing the State Fire
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Marshal to develop a certain advanced training and
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certification program for firesafety inspectors;
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authorizing the Division of State Fire Marshal to enter
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into a reciprocity agreement with the Florida Building
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Code Administrators and Inspectors Board for certain
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continuing education recertification purposes; amending s.
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633.085, F.S.; revising requirements for the State Fire
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Marshal to inspect state buildings; amending s. 633.101,
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F.S.; revising and expanding the authority and powers of
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the State Fire Marshal to administer oaths, compel
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attendance of witnesses, and collect evidence; providing
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certain forms of immunity from liability for certain
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actions and persons under certain circumstances; exempting
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certain information from discovery under certain
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circumstances; exempting agents of the State Fire Marshal
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from subpoena under certain circumstances; specifying
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limitations on treatment of physical evidence; authorizing
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persons and agents of the State Fire Marshal to submit
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certain crime-related reports or information to the State
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Fire Marshal; authorizing agents of the State Fire Marshal
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to make arrests as state law enforcement officers under
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certain circumstances; providing that it is unlawful to
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resist arrest; amending s. 633.121, F.S.; expanding the
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list of eligible persons authorized to enforce laws and
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rules of the State Fire Marshal; amending s. 633.13, F.S.;
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revising a provision relating to the authority of agents
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of the State Fire Marshal; amending s. 633.14, F.S.;
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revising and expanding powers regarding arrests, searches,
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and the carrying of firearms by State Fire Marshal agents
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and investigators; amending s. 633.161, F.S.; expanding
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the list of violations for which the State Fire Marshal
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may issue certain enforcement orders; providing criminal
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penalties for failure to comply with such orders; amending
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s. 633.171, F.S.; conforming a provision; amending s.
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633.175, F.S.; specifying additional powers granted to the
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State Fire Marshal; amending s. 633.18, F.S.; revising a
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provision relating to conduct of inquiries or
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investigations by agents of the State Fire Marshal;
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amending s. 633.30, F.S.; revising and providing
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definitions; amending s. 633.34, F.S.; revising
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requirements for qualification for employment as a
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firefighter; amending s. 633.35, F.S.; revising
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requirements for firefighter training and certification;
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amending s. 633.351, F.S.; revising provisions for
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disciplinary actions for firefighters; revising standards
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for revocation of firefighter certifications; amending s.
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633.352, F.S.; revising requirements for retention of
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firefighter certification; amending s. 633.382, F.S.;
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revising provisions regarding required supplemental
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compensation for firefighters; amending s. 633.524, F.S.;
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authorizing the State Fire Marshal to contract to provide
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certain examinations; amending s. 633.541, F.S.; expanding
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an exclusion from application of a prohibition against
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contracting without certification for certain homeowners;
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amending s. 633.72, F.S.; revising the membership terms of
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the Fire Code Advisory Council; amending s. 633.811, F.S.;
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expanding authority of the division to enforce provisions
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of law and rules applicable to employers; authorizing
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assessment of administrative fines; amending s. 633.821,
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F.S.; deleting certain obsolete provisions requiring
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counties, municipalities, and special districts to
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implement certain provisions of federal law; amending s.
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1013.12, F.S.; revising provisions regarding casualty,
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safety, sanitation, and firesafety standards and
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inspections of educational facilities and ancillary plants
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and reporting requirements; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (e) of subsection (1) of section
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218.23, Florida Statutes, is amended to read:
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218.23 Revenue sharing with units of local government.--
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(1) To be eligible to participate in revenue sharing beyond
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the minimum entitlement in any fiscal year, a unit of local
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government is required to have:
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(e) Certified that persons in its employ as firefighters,
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employment as established by the Division of State Fire Marshal
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provisions of s. 633.382 have been met.
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Additionally, to receive its share of revenue sharing funds, a
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unit of local government shall certify to the Department of
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Revenue that the requirements of s. 200.065, if applicable, were
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met. The certification shall be made annually within 30 days of
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adoption of an ordinance or resolution establishing a final
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property tax levy or, if no property tax is levied, not later
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than November 1. The portion of revenue sharing funds which,
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pursuant to this part, would otherwise be distributed to a unit
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of local government which has not certified compliance or has
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otherwise failed to meet the requirements of s. 200.065 shall be
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deposited in the General Revenue Fund for the 12 months following
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a determination of noncompliance by the department.
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Section 2. Paragraph (b) of subsection (4) of section
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447.203, Florida Statutes, is amended to read:
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447.203 Definitions.--As used in this part:
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(4) "Managerial employees" are those employees who:
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(b) Serve as police chiefs, fire chiefs, or directors of
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public safety of any police, fire, or public safety department.
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Other police officers, as defined in s. 943.10(1), and
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determined by the commission to be managerial employees of such
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departments. In making such determinations, the commission shall
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consider, in addition to the criteria established in paragraph
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(a), the paramilitary organizational structure of the department
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involved.
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However, in determining whether an individual is a managerial
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employee pursuant to either paragraph (a) or paragraph (b),
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above, the commission may consider historic relationships of the
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employee to the public employer and to coemployees.
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Section 3. Subsection (1) of section 553.895, Florida
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Statutes, is amended to read:
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553.895 Firesafety.--
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(1) Any transient public lodging establishment, as defined
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in chapter 509 and used primarily for transient occupancy as
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defined in s. 83.43(10), or any timeshare unit of a timeshare
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plan as defined in chapters 718 and 721, which is of three
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stories or more and for which the construction contract has been
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let after September 30, 1983, with interior corridors which do
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not have direct access from the guest area to exterior means of
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egress and on buildings over 75 feet in height that have direct
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access from the guest area to exterior means of egress and for
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which the construction contract has been let after September 30,
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1983, shall be equipped with an automatic sprinkler system
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installed in compliance with the current edition of the
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applicable fire sprinkler standards adopted by the State Fire
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Marshal. the provisions prescribed in the National Fire
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Protection Association publication NFPA No. 13 (1985), "Standards
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for the Installation of Sprinkler Systems." Each guest room and
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each timeshare unit shall be equipped with an approved listed
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single-station smoke detector meeting the minimum requirements of
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NFPA 72, the current edition adopted by the State Fire Marshal,
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74 (1984) "Standards for the Installation, Maintenance and Use of
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Household Fire Warning Equipment," powered from the building
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electrical service, notwithstanding the number of stories in the
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structure, if the contract for construction is let after
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September 30, 1983. Single-station smoke detectors shall not be
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required when guest rooms or timeshare units contain smoke
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detectors connected to a central alarm system which also alarms
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locally.
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Section 4. Subsection (7) of section 633.01, Florida
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Statutes, is amended to read:
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633.01 State Fire Marshal; powers and duties; rules.--
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(7) The State Fire Marshal shall adopt and administer rules
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prescribing standards for the safety and health of occupants of
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educational and ancillary facilities pursuant to ss. 633.022,
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does not employ or appoint a local fire official, the State Fire
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Marshal shall assume the duties of the local fire official with
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respect to firesafety inspections of educational property
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required under s. 1013.12(3)(b), and the State Fire Marshal may
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take necessary corrective action as authorized under s.
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1013.12(6).
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Section 5. Section 633.02, Florida Statutes, is amended to
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read:
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633.02 Agents; powers and duties; compensation.--The State
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Fire Marshal shall appoint such agents as may be necessary to
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carry out effectively the provisions of this chapter, who shall
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be reimbursed for travel expenses as provided in s. 112.061, in
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addition to their salary, when traveling or making investigations
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in the performance of their duties. Such agents shall be at all
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times under the direction and control of the State Fire Marshal,
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who shall fix their compensation, and all orders shall be issued
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in the State Fire Marshal's name and by her or his authority.
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Section 6. Paragraph (b) of subsection (1) and paragraph
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(a) of subsection (4) of section 633.022, Florida Statutes, are
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amended to read:
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633.022 Uniform firesafety standards.--The Legislature
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hereby determines that to protect the public health, safety, and
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welfare it is necessary to provide for firesafety standards
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governing the construction and utilization of certain buildings
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and structures. The Legislature further determines that certain
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buildings or structures, due to their specialized use or to the
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special characteristics of the person utilizing or occupying
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these buildings or structures, should be subject to firesafety
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standards reflecting these special needs as may be appropriate.
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(1) The department shall establish uniform firesafety
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standards that apply to:
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(b) All new, existing, and proposed hospitals, nursing
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homes, assisted living facilities, adult family-care homes,
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correctional facilities, public schools, transient public lodging
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establishments, public food service establishments, elevators,
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migrant labor camps, mobile home parks, lodging parks,
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recreational vehicle parks, recreational camps, residential and
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nonresidential child care facilities, facilities for the
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developmentally disabled, motion picture and television special
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effects productions, tunnels, and self-service gasoline stations,
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of which standards the State Fire Marshal is the final
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administrative interpreting authority.
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If In the event there is a dispute between the owners of the
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buildings specified in paragraph (b) and a local authority
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requiring a more stringent uniform firesafety standard for
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sprinkler systems, the State Fire Marshal shall be the final
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administrative interpreting authority and the State Fire
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Marshal's interpretation regarding the uniform firesafety
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standards shall be considered final agency action.
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(4)(a) Notwithstanding any provision of law to the
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contrary, each nursing home licensed under part II of chapter 400
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shall be protected throughout by an approved, supervised
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automatic sprinkler system in accordance with s. 9 of National
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Fire Protection Association, Inc., Life Safety Code, in
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accordance with the following schedule:
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1. Each hazardous area of each nursing home shall be
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protected by an approved, supervised automatic sprinkler system
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by no later than December 31, 2008.
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2. Each entire nursing home shall be protected by an
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approved, supervised automatic sprinkler system by no later than
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December 31, 2010.
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Section 7. Section 633.0221, Florida Statutes, is created
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to read:
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633.0221 Firesafety in educational facilities.--
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(1) UNIFORM FIRESAFETY STANDARDS.--The State Fire Marshal,
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in consultation with the Department of Education, shall adopt
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uniform firesafety standards for educational and ancillary plants
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and educational facilities, as provided in s. 633.022(1)(b), and
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a firesafety evaluation system to be used as an alternate
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firesafety inspection standard for existing educational and
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ancillary plants and educational facilities. The uniform
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firesafety standards and the alternate firesafety evaluation
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system shall be administered and enforced by local fire
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officials. These standards shall be used by all public agencies
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when inspecting public educational and ancillary plants, and the
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firesafety standards shall be used by local fire officials when
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performing firesafety inspections of public educational and
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ancillary plants and educational facilities.
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(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
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BOARDS.--
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(a) Firesafety inspections of each educational and
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ancillary plant shall be made annually by persons certified by
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the Division of State Fire Marshal to be eligible to conduct
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firesafety inspections in public educational and ancillary
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plants. Upon request of the State Fire Marshal, the board shall
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submit a copy of the firesafety inspection report to the State
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Fire Marshal and, if there is a local fire official who conducts
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firesafety inspections, to the local fire official.
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(b) In each firesafety inspection report, the board shall
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include a plan of action and a schedule for the correction of
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each deficiency which have been formulated in consultation with
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the local fire control authority. If immediate life-threatening
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deficiencies are noted in any inspection, the board shall take
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action to promptly correct the deficiencies or withdraw the
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educational or ancillary plant from use until such time as the
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deficiencies are corrected.
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(3) INSPECTION OF EDUCATIONAL PROPERTY BY THE STATE FIRE
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MARSHAL.--
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(a) One firesafety inspection of each educational or
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ancillary plant must be conducted each fiscal year by the county,
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municipality, or special fire control district in which the plant
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is located using the standards adopted by the State Fire Marshal.
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The board shall cooperate with the inspecting authority when a
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firesafety inspection is made by a governmental authority under
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this paragraph.
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(b) In each firesafety inspection report, the local fire
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official, in conjunction with the board, shall include a plan of
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action and a schedule for the correction of each deficiency. If
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immediate life-threatening deficiencies are noted in any
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inspection, the local fire official shall take action to require
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the board to promptly correct the deficiencies or withdraw the
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educational facility from use until the deficiencies are
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corrected, subject to review by the State Fire Marshal, who shall
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act within 10 days to ensure that the deficiencies are corrected
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or withdraw the facility from use.
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(4) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
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FACILITIES.--
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(a) Firesafety inspections of community college facilities
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shall comply with the applicable rules of the State Fire Marshal.
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(b) Firesafety inspections of state universities shall
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comply with rules of the State Fire Marshal related to state-
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owned buildings.
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(5) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
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failure of the board to take corrective action within the time
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designated in the plan of action to correct any firesafety
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deficiency noted under paragraph (2)(b) or paragraph (3)(b), the
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local fire official shall immediately report the deficiency to
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the State Fire Marshal, who shall have enforcement authority with
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respect to educational and ancillary plants and educational
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facilities as provided in this chapter for a violation or
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deficiency of any other building, structure, or facility.
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(6) ADDITIONAL STANDARDS.--In addition to any other rules
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adopted under this section or s. 633.022, the State Fire Marshal,
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in consultation with the Department of Education, shall adopt and
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administer rules prescribing the following standards for the
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safety and health of occupants of educational and ancillary
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plants:
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(a) The designation of serious life-threatening hazards,
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including, but not limited to, nonfunctional fire alarm systems,
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nonfunctional fire sprinkler systems, doors with padlocks or
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other locks or devices that preclude egress at any time,
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inadequate exits, hazardous electrical system conditions,
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potential structural failure, and storage conditions that create
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a fire hazard.
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(b) The proper placement of functional smoke and heat
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detectors and accessible, unexpired fire extinguishers.
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(c) The maintenance of fire doors without doorstops or
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wedges improperly holding them open.
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Section 8. Subsection (9) of section 633.0245, Florida
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Statutes, is amended to read:
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633.0245 State Fire Marshal Nursing Home Fire Protection
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Loan Guarantee Program.--
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(9) An No application for participation in the State Fire
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Marshal Nursing Home Fire Protection Loan Guarantee Program may
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not be accepted by the State Fire Marshal after July 1, 2009 June
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30, 2006.
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Section 9. Subsection (11) is added to section 633.025,
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Florida Statutes, to read:
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633.025 Minimum firesafety standards.--
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(11)(a) The plans for, and inspections of, manufactured
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buildings may be completed at the point of manufacture as long as
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the following requirements are met:
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1. The person reviewing the plans and inspecting the
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manufactured or prototype building must be currently certified as
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a firesafety inspector under s. 633.081(2); and
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2. The manufacturer's modular data plate, stating that the
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building is in compliance with chapter 633 and the rules of the
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department, has been affixed to the building.
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(b) The local fire official shall recognize and approve
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such manufactured building, subject to local fire code
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amendments, acceptable performance testing of life safety
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systems, and site conditions. The cost of any additional work
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necessary to meet these requirements, if any, shall be born by
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the manufacturer. The department is authorized to adopt rules to
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administer this subsection.
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Section 10. Section 633.03, Florida Statutes, is amended to
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read:
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633.03 Investigation of fires and explosions fire;
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reports.--The State Fire Marshal shall investigate the cause,
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origin, and circumstances of every fire or explosion occurring in
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this state wherein the State Fire Marshal deems an investigation
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is necessary and property has been damaged or destroyed where
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there is probable cause to believe that the fire or explosion was
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the result of carelessness or design. Report of all such
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investigations shall be made on approved forms to be furnished by
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the State Fire Marshal.
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Section 11. Subsections (1) and (2) and paragraph (a) of
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subsection (3) of section 633.061, Florida Statutes, are amended
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to read:
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633.061 Fire suppression equipment; license to install or
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maintain.--
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(1) It is unlawful for any organization or individual to
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engage in the business of servicing, repairing, recharging,
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testing, marking, inspecting, installing, or hydrotesting any
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fire extinguisher or preengineered system in this state except in
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conformity with the provisions of this chapter. Each organization
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or individual that engages in such activity must possess a valid
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and subsisting license issued by the State Fire Marshal. All fire
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extinguishers and preengineered systems required by statute or by
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rule must be serviced by an organization or individual licensed
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under the provisions of this chapter. A licensee who receives
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appropriate training shall not be prohibited by a manufacturer
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from servicing any particular brand of fire extinguisher or
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preengineered system. The licensee is legally qualified to act
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for the business organization in all matters connected with its
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business, and the licensee must supervise all activities
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undertaken by such business organization. Each licensee shall
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maintain a specific business location. A further requirement, in
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the case of multiple locations where such servicing or recharging
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is taking place, is that each licensee who maintains more than
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one place of business where actual work is carried on must
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possess an additional license, as set forth in this section, for
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each location, except that a licensed individual may not qualify
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for more than five locations. A licensee is limited to a specific
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type of work performed depending upon the class of license held.
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Licenses and license fees are required for the following:
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(a) Class A....$250
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers and to conduct hydrostatic tests on all types
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of fire extinguishers.
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(b) Class B....$150
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers, including recharging carbon dioxide units and
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conducting hydrostatic tests on all types of fire extinguishers,
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except carbon dioxide units.
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(c) Class C....$150
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers, except recharging carbon dioxide units, and
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to conduct hydrostatic tests on all types of fire extinguishers,
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except carbon dioxide units.
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(d) Class D....$200
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To service, repair, recharge, hydrotest, install, or inspect all
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types of preengineered fire extinguishing systems.
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(e) Licenses issued as duplicates or to reflect a change of
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address....$10
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Any fire equipment dealer licensed pursuant to this subsection
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who does not want to engage in the business of servicing,
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inspecting, recharging, repairing, hydrotesting, or installing
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clean agent halon equipment must file an affidavit on a form
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provided by the division so stating. Licenses will be issued by
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the division to reflect the work authorized thereunder. It is
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unlawful, unlicensed activity for any person or firm to falsely
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hold himself or herself or a business organization out to perform
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any service, inspection, recharge, repair, hydrotest, or
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installation except as specifically described in the license.
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(2) Each individual actually performing the work of
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servicing, recharging, repairing, hydrotesting, installing,
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testing, or inspecting fire extinguishers or preengineered
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systems must possess a valid and subsisting permit issued by the
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State Fire Marshal. Permittees are limited as to specific type of
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work performed to allow work no more extensive than the class of
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license held by the licensee under whom the permittee is working.
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Permits will be issued by the division and the fees required are
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as follows:
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(a) Portable permit....$90
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"Portable permittee" means a person who is limited to performing
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work no more extensive than the employing licensee in the
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servicing, recharging, repairing, installing, or inspecting all
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types of portable fire extinguishers.
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(b) Preengineered permit....$120
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"Preengineered permittee" means a person who is limited to the
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servicing, recharging, repairing, installing, or inspecting of
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all types of preengineered fire extinguishing systems.
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(c) Permits issued as duplicates or to reflect a change of
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address....$10
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Any fire equipment permittee licensed pursuant to this subsection
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who does not want to engage in servicing, inspecting, recharging,
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repairing, hydrotesting, or installing clean agent halon
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equipment must file an affidavit on a form provided by the
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division so stating. Permits will be issued by the division to
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reflect the work authorized thereunder. It is unlawful,
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unlicensed activity for any person or firm to falsely hold
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himself or herself out to perform any service, inspection,
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recharge, repair, hydrotest, or installation except as
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specifically described in the permit.
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(3)(a) Such licenses and permits shall be issued by the
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State Fire Marshal for 2 years beginning January 1, 2000, and
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each 2-year period thereafter and expiring December 31 of the
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second year. All licenses or permits issued will expire on
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December 31 of each odd-numbered year. The failure to renew a
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license or permit by December 31 of the second year will cause
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the license or permit to become inoperative. The holder of an
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inoperative license or permit shall not engage in any activities
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for which a license or permit is required by this section. A
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license or permit which is inoperative because of the failure to
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renew it shall be restored upon payment of the applicable fee
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plus a penalty equal to the applicable fee, if the application
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for renewal is filed no later than the following March 31. If the
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application for restoration is not made before the March 31st
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deadline, the fee for restoration shall be equal to the original
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application fee and the penalty provided for herein, and, in
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addition, the State Fire Marshal shall require reexamination of
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the applicant. The fee for a license or permit issued for 1 year
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or less shall be prorated at 50 percent of the applicable fee for
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a biennial license or permit. Following the initial licensure,
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each licensee or permittee shall successfully complete a course
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or courses of continuing education for fire equipment technicians
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of at least 16 32 hours. A license or permit may not be renewed
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unless the licensee or permittee produces documentation of the
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completion of at least 16 hours of continuing education for fire
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equipment technicians during the biennial licensure period within
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4 years of initial issuance of a license or permit and within
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each 4-year period thereafter or no such license or permit shall
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be renewed. A person who is both a licensee and a permittee shall
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be required to complete a total of 16 32 hours of continuing
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education during each renewal per 4-year period. Each licensee
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shall ensure that all permittees in his or her employment meet
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their continuing education requirements. The State Fire Marshal
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shall adopt rules describing the continuing education
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requirements and shall have the authority upon reasonable belief,
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to audit a fire equipment dealer to determine compliance with
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continuing education requirements.
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Section 12. Section 633.081, Florida Statutes, is amended
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to read:
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633.081 Inspection of buildings and equipment; orders;
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firesafety inspection training requirements; certification;
510
disciplinary action.--The State Fire Marshal and her or his
511
agents may shall, at any reasonable hour, when the department has
512
reasonable cause to believe that a violation of this chapter or
513
s. 509.215, or a rule promulgated thereunder, or a minimum
514
firesafety code adopted by the State Fire Marshal or a local
515
authority, may exist, inspect any and all buildings and
516
structures which are subject to the requirements of this chapter
517
or s. 509.215 and rules promulgated thereunder. The authority to
518
inspect shall extend to all equipment, vehicles, and chemicals
519
which are located on or within the premises of any such building
520
or structure.
521
(1) Each county, municipality, and special district that
522
has firesafety enforcement responsibilities shall employ or
523
contract with a firesafety inspector. The firesafety inspector
524
must conduct all firesafety inspections that are required by law.
525
The governing body of a county, municipality, or special district
526
that has firesafety enforcement responsibilities may provide a
527
schedule of fees to pay only the costs of inspections conducted
528
pursuant to this subsection and related administrative expenses.
529
Two or more counties, municipalities, or special districts that
530
have firesafety enforcement responsibilities may jointly employ
531
or contract with a firesafety inspector.
532
(2) Every firesafety inspection conducted pursuant to state
533
or local firesafety requirements shall be by a person certified
534
as having met the inspection training requirements set by the
535
State Fire Marshal. Such person shall:
536
(a) Be a high school graduate or the equivalent as
537
determined by the department;
538
(b) Not have been found guilty of, or having pleaded guilty
539
or nolo contendere to, a felony or a crime punishable by
540
imprisonment of 1 year or more under the law of the United
541
States, or of any state thereof, which involves moral turpitude,
542
without regard to whether a judgment of conviction has been
543
entered by the court having jurisdiction of such cases;
544
(c) Have her or his fingerprints on file with the
545
department or with an agency designated by the department;
546
(d) Have good moral character as determined by the
547
department;
548
(e) Be at least 18 years of age;
549
(f) Have satisfactorily completed the firesafety inspector
550
certification examination as prescribed by the department; and
551
(g)1. Have satisfactorily completed, as determined by the
552
department, a firesafety inspector training program of not less
553
than 200 hours established by the department and administered by
554
agencies and institutions approved by the department for the
555
purpose of providing basic certification training for firesafety
556
inspectors; or
557
2. Have received in another state training which is
558
determined by the department to be at least equivalent to that
559
required by the department for approved firesafety inspector
560
education and training programs in this state.
561
(3)(a)1. Effective July 1, 2011, the classification of
562
special state firesafety inspector is abolished and all special
563
state firesafety inspector certifications expire at midnight June
564
30, 2011.
565
2. Any person who is a special state firesafety inspector
566
on June 30, 2011, and who has failed to comply with paragraph (b)
567
or paragraph (c) is not permitted to perform any firesafety
568
inspection required by law.
569
3. A special state firesafety inspector certification may
570
not be awarded after June 30, 2008.
571
(b)1. Any person who is a special state firesafety
572
inspector on July 1, 2008, and who has at least 5 years of
573
experience as a special state firesafety inspector as of July 1,
574
2008, may take the same firesafety inspection examination as
575
provided in paragraph (2)(f) for firesafety inspectors prior to
576
July 1, 2011, to be certified as a firesafety inspector described
577
in subsection (2).
578
2. Upon passing the examination, such person shall be
579
certified as a firesafety inspector as provided in subsection
580
(2).
581
3. Failure to obtain certification requires compliance with
582
paragraph (c) to be certified as a firesafety inspector as
583
provided in subsection (2).
584
(c)1. To be certified as a firesafety inspector as provided
585
in subsection (2), any person who:
586
a. Is a special state firesafety inspector on July 1, 2008,
587
and who does not have 5 years of experience as a special state
588
firesafety inspector as of July 1, 2008; or
589
b. Has 5 years of experience as a special state firesafety
590
inspector but has failed the examination taken pursuant to
591
paragraph (b),
592
593
must take an additional 80 hours of the courses described in
594
paragraph (2)(g).
595
2. After successfully completing the courses described in
596
this paragraph, such person is permitted to take the firesafety
597
inspection examination described in paragraph (2)(f), if such
598
examination is taken before July 1, 2011.
599
3. Upon passing the examination, such person shall become
600
certified as a firesafety inspector as provided in subsection
601
(2).
602
4. A person who fails the course of study or the
603
examination described in this paragraph may not perform any
604
firesafety inspection required by law on or after July 1, 2011
605
Each special state firesafety inspection which is required by law
606
and is conducted by or on behalf of an agency of the state must
607
be performed by an individual who has met the provision of
608
subsection (2), except that the duration of the training program
609
shall not exceed 120 hours of specific training for the type of
610
property that such special state firesafety inspectors are
611
assigned to inspect.
612
(4) A firefighter certified pursuant to s. 633.35 may
613
conduct firesafety inspections, under the supervision of a
614
certified firesafety inspector, while on duty as a member of a
615
fire department company conducting inservice firesafety
616
inspections without being certified as a firesafety inspector, if
617
such firefighter has satisfactorily completed an inservice fire
618
department company inspector training program of at least 24
619
hours' duration as provided by rule of the department.
620
(5) Every firesafety inspector or special state firesafety
621
inspector certificate is valid for a period of 3 years from the
622
date of issuance. Renewal of certification shall be subject to
623
the affected person's completing proper application for renewal
624
and meeting all of the requirements for renewal as established
625
under this chapter or by rule adopted promulgated thereunder,
626
which shall include completion of at least 40 hours during the
627
preceding 3-year period of continuing education as required by
628
the rule of the department or, in lieu thereof, successful
629
passage of an examination as established by the department.
630
(6) The State Fire Marshal may deny, refuse to renew,
631
suspend, or revoke the certificate of a firesafety inspector or
632
special state firesafety inspector if it finds that any of the
633
following grounds exist:
634
(a) Any cause for which issuance of a certificate could
635
have been refused had it then existed and been known to the State
636
Fire Marshal.
637
(b) Violation of this chapter or any rule or order of the
638
State Fire Marshal.
639
(c) Falsification of records relating to the certificate.
640
(d) Having been found guilty of or having pleaded guilty or
641
nolo contendere to a felony, whether or not a judgment of
642
conviction has been entered.
643
(e) Failure to meet any of the renewal requirements.
644
(f) Having been convicted of a crime in any jurisdiction
645
which directly relates to the practice of fire code inspection,
646
plan review, or administration.
647
(g) Making or filing a report or record that the
648
certificateholder knows to be false, or knowingly inducing
649
another to file a false report or record, or knowingly failing to
650
file a report or record required by state or local law, or
651
knowingly impeding or obstructing such filing, or knowingly
652
inducing another person to impede or obstruct such filing.
653
(h) Failing to properly enforce applicable fire codes or
654
permit requirements within this state which the certificateholder
655
knows are applicable by committing willful misconduct, gross
656
negligence, gross misconduct, repeated negligence, or negligence
657
resulting in a significant danger to life or property.
658
(i) Accepting labor, services, or materials at no charge or
659
at a noncompetitive rate from any person who performs work that
660
is under the enforcement authority of the certificateholder and
661
who is not an immediate family member of the certificateholder.
662
For the purpose of this paragraph, the term "immediate family
663
member" means a spouse, child, parent, sibling, grandparent,
664
aunt, uncle, or first cousin of the person or the person's spouse
665
or any person who resides in the primary residence of the
666
certificateholder.
667
(7) The department shall provide by rule for the
668
certification of firesafety inspectors.
669
(8) The State Fire Marshal may develop by rule an advanced
670
training and certification program for firesafety inspectors with
671
fire code management responsibility. This program shall be
672
consistent with national standards. The program shall establish
673
minimum training, education, and experience levels for fire
674
safety inspectors with fire code management responsibilities.
675
(9) The Division of State Fire Marshal may enter into a
676
reciprocity agreement with the Florida Building Code
677
Administrators and Inspectors Board, established pursuant to s.
678
468.605, to facilitate joint recognition of continuing education
679
recertification hours for certificateholders licensed in
680
accordance with s. 468.609 and firesafety inspectors certified in
681
accordance with subsection (2).
682
Section 13. Paragraph (a) of subsection (1) and subsections
683
(2), (3), and (4) of section 633.085, Florida Statutes, are
684
amended to read:
685
633.085 Inspections of state buildings and premises; tests
686
of firesafety equipment; building plans to be approved.--
687
(1)(a) It is the duty of the State Fire Marshal and her or
688
his agents to inspect, or cause to be inspected, each state-owned
689
building and each building located on land owned by the state and
690
used primarily for state purposes as determined by the State Fire
691
Marshal, such buildings to be referred to in this section as a
692
state-owned building or state-owned buildings, on a recurring
693
basis established by rule, and to ensure that high-hazard
694
occupancies are inspected at least annually, for the purpose of
695
ascertaining and causing to be corrected any conditions liable to
696
cause fire or endanger life from fire and any violation of the
697
firesafety standards for state-owned buildings, the provisions of
698
this chapter, or the rules or regulations adopted and promulgated
699
pursuant hereto. The State Fire Marshal shall, within 7 days
700
following an inspection, submit a report of such inspection to
701
the head of the department of state government responsible for
702
the building.
703
(2) The State Fire Marshal and her or his agents may shall
704
conduct performance tests on any electronic fire warning and
705
smoke detection system, and any pressurized air-handling unit, in
706
any state-owned building or state-leased space on a recurring
707
basis as provided in subsection (1). The State Fire Marshal and
708
her or his agents shall also ensure that fire drills are
709
conducted in all high-hazard state-owned buildings or high-hazard
710
state-leased high-hazard occupancies at least annually.
711
(3) All construction of any new, or renovation, alteration,
712
or change of occupancy of any existing, state-owned building or
713
state-leased space shall comply with the uniform firesafety
714
standards of the State Fire Marshal.
715
(a) For all new construction or renovation, alteration, or
716
change of occupancy of state-leased space, compliance with the
717
uniform firesafety standards shall be determined by reviewing the
718
plans for the proposed construction or occupancy submitted by the
719
lessor to the Division of State Fire Marshal for review and
720
approval prior to commencement of construction or occupancy,
721
which review shall be completed within 10 working days after
722
receipt of the plans by the Division of State Fire Marshal.
723
(b) The plans for all construction of any new, or
724
renovation or alteration of any existing, state-owned building
725
are subject to the review and approval of the Division of State
726
Fire Marshal for compliance with the uniform firesafety standards
727
prior to commencement of construction or change of occupancy,
728
which review shall be completed within 30 calendar days of
729
receipt of the plans by the Division of State Fire Marshal.
730
(4) The Division of State Fire Marshal may inspect state-
731
owned buildings and space and state-leased space as necessary
732
prior to occupancy or during construction, renovation, or
733
alteration to ascertain compliance with the uniform firesafety
734
standards. Whenever the Division of State Fire Marshal determines
735
by virtue of such inspection or by review of plans that
736
construction, renovation, or alteration of state-owned buildings
737
and state-leased space is not in compliance with the uniform
738
firesafety standards, the Division of State Fire Marshal shall
739
issue an order to cease construction, renovation, or alteration,
740
or to preclude occupancy, of a building until compliance is
741
obtained, except for those activities required to achieve such
742
compliance.
743
Section 14. Section 633.101, Florida Statutes, is amended
744
to read:
745
633.101 Hearings; investigations; investigatory powers of
746
State Fire Marshal; costs of service and witness fees.--
747
(1) The State Fire Marshal may in his or her discretion
748
take or cause to be taken the testimony on oath of all persons
749
whom he or she believes to be cognizant of any facts in relation
750
to matters under investigation. The State Fire Marshal may
751
administer oaths and affirmations, compel the attendance of
752
witnesses or proffering of matter, and collect evidence.
753
(2) If the State Fire Marshal seeks to obtain by request
754
any matter that, or the testimony of any person who is, located
755
outside the state, the person requested shall provide the
756
testimony to the State Fire Marshal or make the matter available
757
to the State Fire Marshal to examine at the place where the
758
matter is located. The State Fire Marshal may designate
759
representatives, including officials of the state in which the
760
matter is located, to inspect the matter on behalf of the State
761
Fire Marshal, and the State Fire Marshal may respond to similar
762
requests from officials of other states. If the State Fire
763
Marshal shall be of the opinion that there is sufficient evidence
764
to charge any person with an offense, he or she shall cause the
765
arrest of such person and shall furnish to the prosecuting
766
officer of any court having jurisdiction of said offense all
767
information obtained by him or her, including a copy of all
768
pertinent and material testimony taken, together with the names
769
and addresses of all witnesses. In the conduct of such
770
investigations, the fire marshal may request such assistance as
771
may reasonably be given by such prosecuting officers and other
772
local officials.
773
(3)(a) The State Fire Marshal may request that an
774
individual who refuses to comply with any request made under
775
subsection (2) be ordered by the circuit court to provide the
776
testimony or matter. The court may not order such compliance
777
unless the State Fire Marshal has demonstrated to the
778
satisfaction of the court that the testimony of the witness or
779
the matter under request has a direct bearing on matter under the
780
jurisdiction of the State Fire Marshal, constitutes a felony or
781
misdemeanor under this chapter, the Florida Insurance Code, or a
782
fraudulent insurance act or act of arson, or is pertinent and
783
necessary to further such investigation.
784
(b) Except in a prosecution for perjury, an individual who
785
complies with a court order to provide testimony or matter after
786
asserting a privilege against self-incrimination to which the
787
individual is entitled by law may not be subjected to a criminal
788
proceeding or to a civil penalty with respect to the act
789
concerning that which the individual is required to testify or
790
produce relevant matter.
791
(c) In the absence of fraud or bad faith, a person is not
792
subject to civil liability for libel, slander, or any other
793
relevant tort by virtue of filing reports, without malice, or
794
furnishing other information, without malice, required by this
795
chapter or required by the State Fire Marshal under the authority
796
granted in this chapter, and no civil cause of action of any
797
nature shall arise against such person for:
798
1. Any information relating to a matter under the
799
jurisdiction of the State Fire Marshal, suspected violations of
800
the Florida Insurance Code, or fraudulent insurance acts or
801
persons suspected of engaging in such acts furnished to or
802
received from law enforcement officials or their agents or
803
employees;
804
2. Any information relating to any matter under the
805
jurisdiction of the State Fire Marshal, suspected violations of
806
the Florida Insurance Code, fraudulent insurance acts or acts of
807
arson, or persons suspected of engaging in such acts furnished to
808
or received from other persons subject to the provisions of this
809
chapter;
810
3. Any such information furnished in reports to the State
811
Fire Marshal or any local, state, or federal enforcement
812
officials or their agents or employees; or
813
4. Other actions taken in cooperation with any of the
814
agencies or individuals specified in this paragraph in the lawful
815
investigation of violations under the jurisdiction of the State
816
Fire Marshal, suspected violations of the Florida Insurance Code,
817
or suspected fraudulent insurance acts.
818
(d) In addition to the immunity granted in paragraph (c), a
819
person identified as a designated employee whose responsibilities
820
include the investigation and disposition of violations under the
821
jurisdiction of the State Fire Marshal or the Florida Insurance
822
Code and claims relating to suspected fraudulent insurance acts
823
may share information relating to persons suspected of such acts
824
with other designated employees employed by the same or other
825
insurers whose responsibilities include such acts. Unless the
826
employees of the insurer act in bad faith or in reckless
827
disregard for the rights of any insured, the insurer or its
828
designated employees are not civilly liable for libel, slander,
829
or any other relevant tort, and a civil action does not arise
830
against the insurer or its designated employees for:
831
1. Any information related to any matter under the
832
jurisdiction of the State Fire Marshal, the Florida Insurance
833
Code, or suspected fraudulent insurance acts provided to an
834
insurer; or
835
2. Any information relating to any matter under the
836
jurisdiction of the State Fire Marshal, the Florida Insurance
837
Code, or suspected fraudulent insurance acts provided to the
838
National Insurance Crime Bureau or the National Association of
839
Insurance Commissioners.
840
841
However, the qualified immunity against civil liability conferred
842
on any insurer or its designated employees shall be forfeited
843
with respect to the exchange or publication of any defamatory
844
information with third persons not expressly authorized by this
845
paragraph to share in such information.
846
(e) This section does not abrogate or modify in any way any
847
common-law or statutory privilege or immunity otherwise enjoyed
848
by any person.
849
(3) The fire marshal may summon and compel the attendance
850
of witnesses before him or her to testify in relation to any
851
manner which is, by the provisions of this chapter, a subject of
852
inquiry and investigation, and he or she may require the
853
production of any book, paper or document deemed pertinent
854
thereto by him or her, and may seize furniture and other personal
855
property to be held for evidence.
856
(4) Papers, documents, reports, or evidence relative to the
857
subject of an investigation under this section are not subject to
858
discovery until the investigation is completed or ceases to be
859
active. Agents of the State Fire Marshal are not subject to
860
subpoena in civil actions by any court of this state to testify
861
concerning any matter of which they have knowledge pursuant to a
862
pending investigation by the State Fire Marshal. All persons so
863
summoned and so testifying shall be entitled to the same witness
864
fees and mileage as provided for witnesses testifying in the
865
circuit courts of this state, and officers serving subpoenas or
866
orders of the fire marshal shall be paid in like manner for like
867
services in such courts, from the funds herein provided.
868
(5) Any person, other than an insurer, agent, or other
869
person licensed under the Florida Insurance Code, or an employee
870
of such licensee, having knowledge or a belief that a crime
871
involving arson, a destructive device, an illegal possession of
872
explosives, a fraudulent insurance act, or any other act or
873
practice which, upon conviction, constitutes a felony or a
874
misdemeanor under this chapter, the Florida Insurance Code, or s.
875
817.233, is being or has been committed may submit to the State
876
Fire Marshal a report or information pertinent to such knowledge
877
or belief and such additional information relative to such
878
knowledge or belief as the State Fire Marshal may request. Any
879
insurer, agent, or other person licensed under the Florida
880
Insurance Code, or an employee of such licensee, having knowledge
881
or a belief that a crime involving arson, a destructive device,
882
an illegal possession of explosives, or any other act or practice
883
which, upon conviction, constitutes a felony or a misdemeanor
884
under this chapter or s. 817.233, is being or has been committed,
885
shall send to the State Fire Marshal a report or information
886
pertinent to such knowledge or belief and such additional
887
information relative to such knowledge or belief as the State
888
Fire Marshal may require. The State Fire Marshal shall review
889
such information or reports and select such information or
890
reports as, in his or her judgment, may require further
891
investigation. The State Fire Marshal shall then cause an
892
independent examination of the facts surrounding such information
893
or report to be made to determine the extent, if any, to which a
894
crime involving arson, a destructive device, or a fraudulent
895
insurance act, or any other act or practice that, upon
896
conviction, constitutes a felony or a misdemeanor under this
897
chapter, the Florida Insurance Code, or s. 817.233 is being or
898
has been committed. The State Fire Marshal shall report any
899
alleged violations of law which his or her investigations reveal
900
to the appropriate licensing agency and state attorney or other
901
prosecuting agency having jurisdiction with respect to any such
902
violation.
903
(6) It is unlawful for any person to resist an arrest by an
904
agent of the State Fire Marshal authorized by this section or in
905
any manner to interfere, by abetting or assisting such resistance
906
or otherwise interfering, with any Division of State Fire Marshal
907
investigator in the duties imposed upon such agent or
908
investigator by law or department rule.
909
Section 15. Section 633.121, Florida Statutes, is amended
910
to read:
911
633.121 Persons authorized to enforce laws and rules of
912
State Fire Marshal.--The chiefs of county, municipal, and
913
special-district fire departments; other fire department
914
personnel designated by their respective chiefs; and personnel
915
designated by local governments having no organized fire
916
departments; and all law enforcement officers in the state duly
917
certified under chapter 943 and acting upon the request of the
918
State Fire Marshal or a chief of a county, municipal, or special
919
district fire department may are authorized to enforce this
920
chapter law and all rules adopted prescribed by the State Fire
921
Marshal within their respective jurisdictions. Such personnel
922
acting under the authority of this section shall be deemed to be
923
agents of their respective jurisdictions, not agents of the State
924
Fire Marshal.
925
Section 16. Section 633.13, Florida Statutes, is amended to
926
read:
927
633.13 State Fire Marshal; authority of agents.--The
928
authority given the State Fire Marshal under this chapter or any
929
rule or order adopted by the State Fire Marshal law may be
930
exercised by his or her agents, either individually or in
931
conjunction with any other state or local official charged with
932
similar responsibilities.
933
Section 17. Section 633.14, Florida Statutes, is amended to
934
read:
935
633.14 Agents; powers to make arrests, conduct searches and
936
seizures, serve summonses, and carry firearms.--Agents or
937
investigators of the State Fire Marshal have the power to make
938
arrests for criminal violations established as a result of
939
investigations. Such agents or investigators shall also be
940
considered state law enforcement officers for all purposes and
941
shall have the power to execute arrest warrants and search
942
warrants; serve subpoenas issued for the examination,
943
investigation, and trial of all offenses; and to arrest upon
944
probable cause, without warrant, any person violating any
945
provision of the laws of this state. Agents or investigators
946
empowered to make arrests under this section may bear arms in the
947
performance of their duties. In such a situation, the
948
investigator must be certified in compliance with the provisions
949
of s. 943.1395 or must meet the temporary employment or
950
appointment exemption requirements of s. 943.131 until certified
951
shall have the same authority to serve summonses, make arrests,
952
carry firearms, and make searches and seizures, as the sheriff or
953
her or his deputies, in the respective counties where such
954
investigations, hearings, or inspections may be held; and
955
affidavits necessary to authorize any such arrests, searches, or
956
seizures may be made before any trial court judge having
957
authority under the law to issue appropriate processes.
958
Section 18. Subsections (1) and (3) of section 633.161,
959
Florida Statutes, are amended to read:
960
633.161 Violations; orders to cease and desist, correct
961
hazardous conditions, preclude occupancy, or vacate; enforcement;
962
penalties.--
963
(1) If it is determined by the department that a violation
964
specified in this subsection exists, the State Fire Marshal or
965
her or his agent deputy may issue and deliver to the person
966
committing the violation an order to cease and desist from such
967
violation, to correct any hazardous condition, to preclude
968
occupancy of the affected building or structure, or to vacate the
969
premises of the affected building or structure. Such violations
970
consist of are:
971
(a) Except as set forth in paragraph (b), a violation of
972
any provision of this chapter, of any rule adopted pursuant
973
thereto, of any applicable uniform firesafety standard adopted
974
pursuant to s. 633.022 which is not adequately addressed by any
975
alternative requirements adopted on a local level, or of any
976
minimum firesafety standard adopted pursuant to s. 394.879.
977
(b) A substantial violation of an applicable minimum
978
firesafety standard adopted pursuant to s. 633.025 which is not
979
reasonably addressed by any alternative requirement imposed at
980
the local level, or an unreasonable interpretation of an
981
applicable minimum firesafety standard, and which violation or
982
interpretation clearly constitutes a danger to lifesafety.
983
(c) A building or structure which is in a dilapidated
984
condition and as a result thereof creates a danger to life,
985
safety, or property.
986
(d) A building or structure which contains explosive matter
987
or flammable liquids or gases constituting a danger to life,
988
safety, or property.
989
(e) A fire department that is not designated by a political
990
subdivision as defined in s. 1.01.
991
(3) Any person who violates or fails to comply with any
992
order under subsection (1) or subsection (2) commits is guilty of
993
a misdemeanor, punishable as provided in s. 633.171.
994
Section 19. Subsection (1) of section 633.171, Florida
995
Statutes, is amended to read:
996
633.171 Penalty for violation of law, rule, or order to
997
cease and desist or for failure to comply with corrective
998
order.--
999
(1) Any person who violates any provision of this chapter
1000
law, any order or rule of the State Fire Marshal, or any order to
1001
cease and desist or to correct conditions issued under this
1002
chapter commits a misdemeanor of the second degree, punishable as
1004
Section 20. Subsection (1) of section 633.175, Florida
1005
Statutes, is amended to read:
1006
633.175 Investigation of fraudulent insurance claims and
1007
crimes; immunity of insurance companies supplying information.--
1008
(1) In addition to the other powers granted by this
1009
chapter, the State Fire Marshal or an agent appointed pursuant to
1011
any law enforcement officer of a federal agency, or any fire
1012
department official who is engaged in the investigation of a fire
1013
loss may request any insurance company or its agent, adjuster,
1014
employee, or attorney, investigating a claim under an insurance
1015
policy or contract with respect to a fire to release any
1016
information whatsoever in the possession of the insurance company
1017
or its agent, adjuster, employee, or attorney relative to a loss
1018
from that fire. The insurance company shall release the available
1019
information to and cooperate with any official authorized to
1020
request such information pursuant to this section. The
1021
information shall include, but shall not be limited to:
1022
(a) Any insurance policy relevant to a loss under
1023
investigation and any application for such a policy.
1024
(b) Any policy premium payment records.
1025
(c) The records, reports, and all material pertaining to
1026
any previous claims made by the insured with the reporting
1027
company.
1028
(d) Material relating to the investigation of the loss,
1029
including statements of any person, proof of loss, and other
1030
relevant evidence.
1031
(e) Memoranda, notes, and correspondence relating to the
1032
investigation of the loss in the possession of the insurance
1033
company or its agents, adjusters, employees, or attorneys.
1034
Section 21. Section 633.18, Florida Statutes, is amended to
1035
read:
1036
633.18 State Fire Marshal; hearings and investigations;
1037
subpoena of witnesses; orders of circuit court.--Any agent
1038
designated by the State Fire Marshal for such purposes, may hold
1039
hearings, sign and issue subpoenas, administer oaths, examine
1040
witnesses, receive evidence, and require by subpoena the
1041
attendance and testimony of witnesses and the production of such
1042
accounts, records, memoranda or other evidence, as may be
1043
material for the determination of any complaint or conducting any
1044
inquiry or investigation under this chapter or any rule or order
1045
of the State Fire Marshal law. In case of disobedience to a
1046
subpoena, the State Fire Marshal or his or her agent may invoke
1047
the aid of any court of competent jurisdiction in requiring the
1048
attendance and testimony of witnesses and the production of
1049
accounts, records, memoranda or other evidence and any such court
1050
may in case of contumacy or refusal to obey a subpoena issued to
1051
any person, issue an order requiring the person to appear before
1052
the State Fire Marshal's agent or produce accounts, records,
1053
memoranda or other evidence, as so ordered, or to give evidence
1054
touching any matter pertinent to any complaint or the subject of
1055
any inquiry or investigation, and any failure to obey such order
1056
of the court shall be punished by the court as a contempt
1057
thereof.
1058
Section 22. Section 633.30, Florida Statutes, is amended to
1059
read:
1060
633.30 Standards for firefighting; definitions.--As used in
1061
this chapter, the term:
1062
(1) "Career firefighter" means a person who is compensated
1063
at an hourly or salaried rate and whose work hours are scheduled
1064
in advance to maintain a schedule of coverage at a station,
1065
facility, or area to function as described in subsection (8)
1066
"Firefighter" means any person initially employed as a full-time
1067
professional firefighter by any employing agency, as defined
1068
herein, whose primary responsibility is the prevention and
1069
extinguishment of fires, the protection and saving of life and
1070
property, and the enforcement of municipal, county, and state
1071
fire prevention codes, as well as of any law pertaining to the
1072
prevention and control of fires.
1073
(2) "Council" means the Firefighters Employment, Standards,
1074
and Training Council "Employing agency" means any municipality or
1075
county, the state, or any political subdivision of the state,
1076
including authorities and special districts, employing
1077
firefighters as defined in subsection (1).
1078
(3) "Department" means the Department of Financial
1079
Services.
1080
(4) "Division" means the Division of State Fire Marshal of
1081
the Department of Financial Services "Council" means the
1082
Firefighters Employment, Standards, and Training Council.
1083
(5) "Employing agency" means any municipality or county,
1084
the state, or any political subdivision of the state, including
1085
authorities, special districts, or any private entity under
1086
contract with such entities "Division" means the Division of
1087
State Fire Marshal of the Department of Financial Services.
1088
(6) "Fire department" means an organization designated by a
1089
state political subdivision, such as a county, municipality, or
1090
special fire control district, to provide emergency response for
1091
the protection of life and property within a specified
1092
geographical area.
1093
(7) "Fire service apprentice" means any high school student
1094
who completes a high school course of instruction and examination
1095
approved by the department that includes specified components of
1096
firefighter I and II certification in accordance with the
1097
division's rules. Before the age of 18, a fire service apprentice
1098
may function as a fireground resource technician with a
1099
recognized fire department. Upon age of 18 and graduation from
1100
high school, the fire service apprentice may complete the
1101
outstanding components of firefighter I and II certification
1102
training and become certified at level II in accordance with the
1103
division's rules.
1104
(8) "Firefighter" means any person whose responsibility is
1105
the emergency response to fires and other emergencies, the
1106
prevention and extinguishment of fires, the protection and saving
1107
of life and property, and the enforcement of municipal, county,
1108
and state fire prevention codes, as well as of any law pertaining
1109
to the prevention and control of fires.
1110
(9) "Firefighter I" means a person who has successfully
1111
completed the firefighter I training program and is certified at
1112
level I in accordance with the division's rules. Firefighter I is
1113
the minimum level of certification to function as a volunteer
1114
firefighter.
1115
(10) "Firefighter II" means a person who has successfully
1116
completed the firefighter II training program and is certified at
1117
level II in accordance with the division's rules. Firefighter II
1118
is the minimum level of certification to function as a career
1119
firefighter as set forth in subsection (2). For purposes of this
1120
chapter, a certificate of compliance at level II replaces the
1121
previous certificate of compliance required to be a career
1122
firefighter. Firefighters currently certified with a certificate
1123
of compliance are deemed to be in compliance with the
1124
requirements of this chapter and need not become certified as a
1125
firefighter II.
1126
(11) "Fireground resource technician" means a volunteer
1127
exterior firefighter or support person who is not qualified by
1128
certification to be an interior firefighter but who has completed
1129
a course of instruction in accordance with the division's rules.
1130
Fireground resource technician is the minimum level of
1131
certification to function on the fireground in accordance with
1132
division rules.
1133
Section 23. Section 633.34, Florida Statutes, is amended to
1134
read:
1135
633.34 Firefighters; qualifications for employment.--
1136
(1) Any person applying for employment as a firefighter
1137
must:
1138
(a)(1) Be a high school graduate or the equivalent, as the
1139
term may be determined by the division, and at least 18 years of
1140
age.
1141
(b)(2) Never have been adjudicated guilty of, or pled
1142
guilty or nolo contendere to, any:
1143
1. Felony. If an applicant has been convicted of a felony,
1144
the applicant is not eligible for certification until the
1145
applicant complies with s. 112.011(2)(b); or
1146
2. Misdemeanor involving moral turpitude, or misleading or
1147
false statements relating to certification or employment as a
1148
firefighter.
1149
1150
If an applicant has been sentenced for any conviction of a felony
1151
or a misdemeanor, the applicant is not eligible for certification
1152
until 4 years after the expiration of any sentence. If a sentence
1153
is suspended or adjudication is withheld and a period of
1154
probation is imposed, the applicant must have been released from
1155
probation Neither have been convicted of a felony or of a
1156
misdemeanor directly related to the position of employment
1157
sought, nor have pled nolo contendere to any charge of a felony.
1158
If an applicant has been convicted of a felony, such applicant
1159
must be in compliance with s. 112.011(2)(b). If an applicant has
1160
been convicted of a misdemeanor directly related to the position
1161
of employment sought, such applicant shall be excluded from
1162
employment for a period of 4 years after expiration of sentence.
1163
If the sentence is suspended or adjudication is withheld in a
1164
felony charge or in a misdemeanor directly related to the
1165
position or employment sought and a period of probation is
1166
imposed, the applicant must have been released from probation.
1167
(c)(3) Pay for and submit fingerprints as directed by the
1168
division Submit a fingerprint card to the division with a current
1169
processing fee. The fingerprints shall fingerprint card will be
1170
forwarded to the Department of Law Enforcement or and/or the
1171
Federal Bureau of Investigation, or both, as directed by division
1172
rule.
1173
(4) Have a good moral character as determined by
1174
investigation under procedure established by the division.
1175
(d)(5) Be in good physical condition as determined by a
1176
medical examination given by a physician, surgeon, or physician
1177
assistant licensed to practice in the state pursuant to chapter
1178
458; an osteopathic physician, surgeon, or physician assistant
1179
licensed to practice in the state pursuant to chapter 459; or an
1180
advanced registered nurse practitioner licensed to practice in
1181
the state pursuant to chapter 464, who are aware of and familiar
1182
with the medical requirements for training and certification as
1183
stated in department rule. Such examination may include, but need
1184
not be limited to, provisions of the National Fire Protection
1185
Association Standard 1582. Results of this A medical examination
1186
evidencing good physical condition shall be submitted to the
1187
division, on a form as provided by rule, before an individual is
1188
eligible for admission into a firefighter training program as
1189
defined in s. 633.35.
1190
(e)(6) Be a nonuser of tobacco or tobacco products for at
1191
least 1 year immediately preceding application, as evidenced by
1192
the sworn affidavit of the applicant.
1193
(2) A person who does not hold a fire service apprentice,
1194
fireground resource technician, firefighter I, or firefighter II
1195
certificate may not respond or engage in hazardous operations,
1196
including, but not limited to, interior structural firefighting,
1197
hazardous-materials-incident mitigation, and incident command,
1198
requiring the knowledge and skills taught in the training
1199
programs established in s. 633.35, regardless of volunteer or
1200
employment status.
1201
Section 24. Subsections (1), (2), (3), and (4) of section
1202
633.35, Florida Statutes, are amended to read:
1203
633.35 Firefighter training and certification.--
1204
(1) The division shall establish by rule a firefighter
1205
training programs for certification as a fireground resource
1206
technician, a fire service apprentice, a firefighter I, and a
1207
firefighter II, to be program of not less than 360 hours,
1208
administered by such agencies and institutions as approved by the
1209
division in accordance with division rules it approves for the
1210
purpose of providing basic employment training for firefighters.
1211
Nothing herein shall require a public employer to pay the cost of
1212
such training.
1213
(2) The division shall issue certificates a certificate of
1214
compliance for certification as a fireground resource technician,
1215
a fire service apprentice, a firefighter I, and a firefighter II
1216
to any person who has satisfactorily completed complying with the
1217
training programs program established in subsection (1), who has
1218
successfully passed an examination as prescribed by the division,
1219
and who possesses the qualifications specified for employment in
1221
as a career regular or permanent firefighter by an employing
1222
agency, or by a private entity under contract with the state or
1223
any political subdivision of the state, including authorities and
1224
special districts, unless certified as a firefighter II, except
1225
for an individual hired to be trained and become certified as a
1226
firefighter II. An individual hired to be trained and become
1227
certified as a firefighter II has a maximum of for a period of
1228
time in excess of 1 year from the date of initial employment to
1229
obtain the firefighter II until he or she has obtained such
1230
certificate of compliance. A person who does not hold a
1231
firefighter II certificate of compliance and is employed under
1232
this section may not directly engage in hazardous operations,
1233
such as interior structural firefighting and hazardous-materials-
1234
incident mitigation, requiring the knowledge and skills taught in
1235
a training program established in subsection (1), including
1236
incident command. However, a person who is certified and has been
1237
employed by served as a volunteer firefighter with the state or
1238
any political subdivision of the state, including authorities and
1239
special districts, who is then employed as a career regular or
1240
permanent firefighter may function, during this period, in the
1241
same capacity in which he or she acted prior to being employed as
1242
a career firefighter as a volunteer firefighter, provided that he
1243
or she has completed all training required by the volunteer
1244
organization.
1245
(3) The division may issue a certificate of compliance at
1246
the firefighter I or firefighter II level to any person who has
1247
received basic employment training for firefighters in another
1248
state when the division has determined that such training was at
1249
least equivalent to that required by the division for approved
1250
firefighter education and training programs in this state and
1251
when such person has satisfactorily complied with all other
1252
requirements of this section. The division may also issue a
1253
special certificate to a person who is otherwise qualified under
1254
this section and who is employed as the administrative and
1255
command head of a fire/rescue/emergency services organization,
1256
based on the acknowledgment that such person is less likely to
1257
need physical dexterity and more likely to need advanced
1258
knowledge of firefighting and supervisory skills. The certificate
1259
is valid only while the person is serving in a position as an
1260
administrative and command head of a fire/rescue/emergency
1261
services organization and must be obtained prior to employment in
1262
such capacity.
1263
(4) A person who fails an examination given under this
1264
section may retake the examination once within 6 months after the
1265
original examination date. An applicant who does not pass retake
1266
the examination within such time must repeat or take the
1267
applicable training program Minimum Standards Course, pursuant to
1268
subsection (1), before being reexamined. The division may
1269
establish reasonable preregistration deadlines for such
1270
reexaminations.
1271
Section 25. Section 633.351, Florida Statutes, is amended
1272
to read:
1273
633.351 Disciplinary action; firefighters; standards for
1274
revocation of certification.--
1275
(1) The certification of a firefighter shall be revoked if
1276
evidence is found that the certification was improperly issued by
1277
the division or if evidence is found that the certification was
1278
issued on the basis of false, incorrect, incomplete, or
1279
misleading information.
1280
(2) The certification of a firefighter who has been
1281
adjudicated guilty of, or pled guilty or nolo contendere to, any
1282
felony, or any misdemeanor involving moral turpitude, or
1283
misleading or false statements relating to the certification or
1284
employment as a firefighter, shall be revoked. In the case of a
1285
felony, the certification may not be reinstated is convicted of a
1286
felony, or who is convicted of a misdemeanor relating to
1287
misleading or false statements, or who pleads nolo contendere to
1288
any charge of a felony shall be revoked until the firefighter
1289
complies with s. 112.011(2)(b). However, if sentence upon such
1290
felony or such misdemeanor charge is suspended or adjudication is
1291
withheld, the firefighter's certification shall be revoked until
1292
she or he completes any probation.
1293
(3) It is a violation of certification for any career
1294
firefighter as defined in this chapter, whose initial employment
1295
date is on or after July 1, 2008, to use tobacco products. An
1296
investigation by the local firefighter employer which determines
1297
such use, confirmed by legal means such as nicotine or cotinine
1298
testing, shall result in the suspension of the firefighter's
1299
state certification, requiring suspension or termination of
1300
employment. The division shall adopt rules setting forth the
1301
criteria for testing, investigation, and notification of the
1302
division by the local firefighter employer of violations, actions
1303
to be taken by the division, reinstatement of certification with
1304
appropriate medical approval and surveillance, and the number of
1305
violations allowed before permanent revocation of firefighter
1306
certification.
1307
Section 26. Section 633.352, Florida Statutes, is amended
1308
to read:
1309
633.352 Retention of firefighter certification.--
1310
(1) Any certified firefighter who has not been active as a
1311
firefighter, or as a volunteer firefighter with an organized fire
1312
department, for a period of 3 years shall be required to retake
1313
and pass the written and practical portions portion of the
1314
minimum standards state examination specified in division rules
1315
rule 4A-37.056(6)(b), Florida Administrative Code, in order to
1316
maintain her or his certification as a firefighter.; however,
1317
(2) This requirement does not apply to state-certified
1318
firefighters who are certified and employed as full-time fire
1319
safety inspectors by a fire department employing agency or to
1320
instructors regardless of their employment status instructors, as
1321
determined by the division.
1322
(3) The 3-year period begins on the date the firefighter I
1323
or II certificate of compliance is issued, or upon termination of
1324
service with an organized fire department, or upon expiration of
1325
instructor certification.
1326
Section 27. Paragraph (b) of subsection (1) and paragraph
1327
(a) of subsection (2) of section 633.382, Florida Statutes, are
1328
amended to read:
1329
633.382 Firefighters; supplemental compensation.--
1330
(1) DEFINITIONS.--As used in this section, the term:
1331
(b) "Firefighter" means any person who meets the definition
1333
who is certified in compliance with s. 633.35 and who is employed
1334
solely within the fire department of the employing agency or is
1335
employed by the division.
1336
(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--
1337
(a) In addition to the compensation now paid by an
1338
employing agency to a any firefighter II, every career
1339
firefighter shall be paid supplemental compensation by the
1340
employing agency when such firefighter has complied with one of
1341
the following criteria:
1342
1. Any firefighter II who receives an associate degree from
1343
an accredited a college, which degree is applicable to fire
1344
department duties, as outlined in policy guidelines of the
1345
division, shall be additionally compensated as outlined in
1346
paragraph (3)(a).
1347
2. Any firefighter II, regardless of whether or not she or
1348
he earned an associate degree earlier, who receives from an
1349
accredited college or university a bachelor's degree, which
1350
bachelor's degree is applicable to fire department duties, as
1351
outlined in policy guidelines of the division, shall receive
1352
compensation as outlined in paragraph (3)(b).
1353
Section 28. Subsection (3) is added to section 633.524,
1354
Florida Statutes, to read:
1355
633.524 Certificate and permit fees; use and deposit of
1356
collected funds.--
1357
(3) The State Fire Marshal may enter into a contract with
1358
any qualified public entity or private company in accordance with
1359
chapter 287 to provide examinations for any applicant for any
1360
examination administered under the jurisdiction of the State Fire
1361
Marshal under this chapter or any other chapter under the
1362
jurisdiction of the State Fire Marshal. The State Fire Marshal
1363
may have payments from each applicant for each examination made
1364
directly to such public entity or private company.
1365
Section 29. Subsections (1) and (4) of section 633.541,
1366
Florida Statutes, are amended to read:
1367
633.541 Contracting without certificate prohibited;
1368
violations; penalty.--
1369
(1) It is unlawful for any organization or individual to
1370
engage in the business of, the layout, fabrication, installation,
1371
inspection, alteration, repair, or service of a fire protection
1372
system, other than a preengineered system, act in the capacity of
1373
a fire protection contractor, or advertise itself as being a fire
1374
protection contractor without having been duly certified and
1375
holding a valid and existing certificate, except as hereinafter
1376
provided. The holder of a certificate used to qualify an
1377
organization must be a full-time employee of the qualified
1378
organization or business. A certificateholder who is employed by
1379
more than one fire protection contractor during the same period
1380
of time is deemed not to be a full-time employee of either
1381
contractor. The State Fire Marshal shall revoke, for a period of
1382
time determined by the State Fire Marshal, the certificate of a
1383
certificateholder who allows the use of the certificate to
1384
qualify a company of which the certificateholder is not a full-
1385
time employee. A contractor who maintains more than one place of
1386
business must employ a certificateholder at each location.
1387
Nothing in This subsection does not prohibit prohibits an
1388
employee acting on behalf of governmental entities from
1389
inspecting and enforcing firesafety codes, provided such employee
1390
is certified under s. 633.081, or an owner of a one or two family
1391
dwelling from inspecting or maintaining the fire protection
1392
system for his or her own house.
1393
(4) In addition to the penalties provided in subsection
1394
(3), a fire protection contractor certified under this chapter
1395
who violates any provision of this chapter section or who commits
1396
any act constituting cause for disciplinary action is subject to
1397
suspension or revocation of the certificate and administrative
1398
fines pursuant to s. 633.547.
1399
Section 30. Subsection (4) of section 633.72, Florida
1400
Statutes, is amended to read:
1401
633.72 Florida Fire Code Advisory Council.--
1402
(4) Each appointee shall serve a 4-year term. No member
1403
shall serve more than two consecutive terms one term. No member
1404
of the council shall be paid a salary as such member, but each
1405
shall receive travel and expense reimbursement as provided in s.
1406
1407
Section 31. Section 633.811, Florida Statutes, is amended
1408
to read:
1409
633.811 Firefighter employer penalties.--If any firefighter
1410
employer violates or fails or refuses to comply with ss. 633.801-
1411
633.821, or with any rule adopted by the division under such
1412
sections in accordance with chapter 120 for the prevention of
1413
injuries, accidents, or occupational diseases or with any lawful
1415
fails or refuses to furnish or adopt any safety device,
1416
safeguard, or other means of protection prescribed by division
1418
occupational diseases, the division may issue an administrative
1419
cease and desist order, enforceable in the circuit court in the
1420
jurisdiction where the violation is occurring or has occurred,
1421
and assess an administrative fine against a firefighter employer
1422
of not less than $100 nor more than $1,000 for each violation and
1423
each day of each violation. The administrative penalty assessment
1424
shall be subject to the provisions of chapter 120. The division
1425
may also assess against the firefighter employer a civil penalty
1426
of not less than $100 nor more than $5,000 for each day the
1427
violation, omission, failure, or refusal continues after the
1428
firefighter employer has been given written notice of such
1429
violation, omission, failure, or refusal. The total penalty for
1430
each violation shall not exceed $50,000. The division shall adopt
1431
rules requiring penalties commensurate with the frequency or
1432
severity of safety violations. A hearing shall be held in the
1433
county in which the violation, omission, failure, or refusal is
1434
alleged to have occurred, unless otherwise agreed to by the
1435
firefighter employer and authorized by the division. All
1436
penalties assessed and collected under this section shall be
1437
deposited in the Insurance Regulatory Trust Fund.
1438
Section 32. Subsection (3) of section 633.821, Florida
1439
Statutes, is amended to read:
1440
633.821 Workplace safety.--
1441
(3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1442
individuals located outside the immediately dangerous to life and
1443
health atmosphere may be assigned to an additional role, such as
1444
incident commander, pumper operator, engineer, or driver, so long
1445
as such individual is able to immediately perform assistance or
1446
rescue activities without jeopardizing the safety or health of
1447
any firefighter working at an incident. Also with respect to 29
1448
C.F.R. s. 1910.134(g)(4):
1449
(a) Each county, municipality, and special district shall
1450
implement such provision by April 1, 2002, except as provided in
1451
paragraphs (b) and (c).
1452
(b) If any county, municipality, or special district is
1453
unable to implement such provision by April 1, 2002, without
1454
adding additional personnel to its firefighting staff or
1455
expending significant additional funds, such county,
1456
municipality, or special district shall have an additional 6
1457
months within which to implement such provision. Such county,
1458
municipality, or special district shall notify the division that
1459
the 6-month extension to implement such provision is in effect in
1460
such county, municipality, or special district within 30 days
1461
after its decision to extend the time for the additional 6
1462
months. The decision to extend the time for implementation shall
1463
be made prior to April 1, 2002.
1464
(c) If, after the extension granted in paragraph (b), the
1465
county, municipality, or special district, after having worked
1466
with and cooperated fully with the division and the Firefighters
1467
Employment, Standards, and Training Council, is still unable to
1468
implement such provisions without adding additional personnel to
1469
its firefighting staff or expending significant additional funds,
1470
such municipality, county, or special district shall be exempt
1471
from the requirements of 29 C.F.R. s. 1910.134(g)(4). However,
1472
each year thereafter the division shall review each such county,
1473
municipality, or special district to determine if such county,
1474
municipality, or special district has the ability to implement
1475
such provision without adding additional personnel to its
1476
firefighting staff or expending significant additional funds. If
1477
the division determines that any county, municipality, or special
1478
district has the ability to implement such provision without
1479
adding additional personnel to its firefighting staff or
1480
expending significant additional funds, the division shall
1481
require such county, municipality, or special district to
1482
implement such provision. Such requirement by the division under
1483
this paragraph constitutes final agency action subject to chapter
1484
120.
1485
Section 33. Section 1013.12, Florida Statutes, is amended
1486
to read:
1487
1013.12 Casualty, safety, sanitation, and firesafety
1488
standards and inspection of property.--
1489
(1) FIRESAFETY.--The State Board of Education shall adopt
1490
and administer rules prescribing standards for the safety and
1491
health of occupants of educational and ancillary plants as a part
1492
of State Requirements for Educational Facilities or the Florida
1493
Building Code for educational facilities construction as provided
1494
in s. 1013.37, except that the State Fire Marshal in consultation
1495
with the Department of Education shall adopt uniform firesafety
1496
standards for educational and ancillary plants and educational
1497
facilities, as provided in s. 633.022(1)(b), and a firesafety
1498
evaluation system to be used as an alternate firesafety
1499
inspection standard for existing educational and ancillary plants
1500
and educational facilities. The uniform firesafety standards and
1501
the alternate firesafety evaluation system shall be administered
1502
and enforced by local fire officials. These standards must be
1503
used by all public agencies when inspecting public educational
1504
and ancillary plants, and the firesafety standards must be used
1505
by local fire officials when performing firesafety inspections of
1506
public educational and ancillary plants and educational
1507
facilities. In accordance with such standards, each board shall
1508
prescribe policies and procedures establishing a comprehensive
1509
program of safety and sanitation for the protection of occupants
1510
of public educational and ancillary plants. Such policies must
1511
contain procedures for periodic inspections as prescribed in this
1512
section and for withdrawal of any educational and ancillary
1513
plant, or portion thereof, from use until unsafe or unsanitary
1514
conditions are corrected or removed.
1515
(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
1516
BOARDS.--
1517
(a) Each board shall provide for periodic inspection, other
1518
than firesafety inspection, of each educational and ancillary
1519
plant at least once during each fiscal year to determine
1520
compliance with standards of sanitation and casualty safety
1521
prescribed in the rules of the State Board of Education.
1522
(b) Firesafety inspections of each educational and
1523
ancillary plant must be made annually by persons certified by the
1524
Division of State Fire Marshal to be eligible to conduct
1525
firesafety inspections in public educational and ancillary
1526
plants. Upon request of the State Fire Marshal, the board shall
1527
submit a copy of the firesafety inspection report to the State
1528
Fire Marshal and, if there is a local fire official who conducts
1529
firesafety inspections, to the local fire official.
1530
(c) In each firesafety inspection report, the board shall
1531
include a plan of action and a schedule for the correction of
1532
each deficiency which have been formulated in consultation with
1533
the local fire control authority. If immediate life-threatening
1534
deficiencies are noted in any inspection, the board shall either
1535
take action to promptly correct the deficiencies or withdraw the
1536
educational or ancillary plant from use until such time as the
1537
deficiencies are corrected.
1538
(3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
1539
AGENCIES.--
1540
(a) A safety or sanitation inspection of any educational or
1541
ancillary plant may be made at any time by the Department of
1542
Education or any other state or local agency authorized or
1543
required to conduct such inspections by either general or special
1544
law. Each agency conducting inspections shall use the standards
1545
adopted by the Commissioner of Education in lieu of, and to the
1546
exclusion of, any other inspection standards prescribed either by
1547
statute or administrative rule. The agency shall submit a copy of
1548
the inspection report to the board.
1549
(b) One firesafety inspection of each educational or
1550
ancillary plant must be conducted each fiscal year by the county,
1551
municipality, or special fire control district in which the plant
1552
is located using the standards adopted by the State Fire Marshal.
1553
The board shall cooperate with the inspecting authority when a
1554
firesafety inspection is made by a governmental authority under
1555
this paragraph.
1556
(c) In each firesafety inspection report, the local fire
1557
official in conjunction with the board shall include a plan of
1558
action and a schedule for the correction of each deficiency. If
1559
immediate life-threatening deficiencies are noted in any
1560
inspection, the local fire official shall either take action to
1561
require the board to promptly correct the deficiencies or
1562
withdraw the educational facility from use until the deficiencies
1563
are corrected, subject to review by the State Fire Marshal who
1564
shall act within 10 days to ensure that the deficiencies are
1565
corrected or withdraw the facility from use.
1566
(4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
1567
DEFICIENCIES.--Upon failure of the board to take corrective
1568
action within a reasonable time, the agency making the
1569
inspection, other than a local fire official, may request the
1570
commissioner to:
1571
(a) Order that appropriate action be taken to correct all
1572
deficiencies in accordance with a schedule determined jointly by
1573
the inspecting authority and the board; in developing the
1574
schedule, consideration must be given to the seriousness of the
1575
deficiencies and the ability of the board to obtain the necessary
1576
funds; or
1577
(b) After 30 calendar days' notice to the board, order all
1578
or a portion of the educational or ancillary plant withdrawn from
1579
use until the deficiencies are corrected.
1580
(5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
1581
FACILITIES.--
1582
(a) Firesafety inspections of community college facilities
1583
shall comply with State Board of Education rules.
1584
(b) Firesafety inspections of state universities shall
1585
comply with rules of the Board of Governors.
1586
(6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
1587
failure of the board to take corrective action within the time
1588
designated in the plan of action to correct any firesafety
1589
deficiency noted under paragraph (2)(c) or paragraph (3)(c), the
1590
local fire official shall immediately report the deficiency to
1591
the State Fire Marshal, who shall have enforcement authority with
1592
respect to educational and ancillary plants and educational
1593
facilities as provided in chapter 633 for any other building or
1594
structure.
1595
(7) ADDITIONAL STANDARDS.--In addition to any other rules
1596
adopted under this section or s. 633.022, the State Fire Marshal
1597
in consultation with the Department of Education shall adopt and
1598
administer rules prescribing the following standards for the
1599
safety and health of occupants of educational and ancillary
1600
plants:
1601
(a) The designation of serious life-safety hazards,
1602
including, but not limited to, nonfunctional fire alarm systems,
1603
nonfunctional fire sprinkler systems, doors with padlocks or
1604
other locks or devices that preclude egress at any time,
1605
inadequate exits, hazardous electrical system conditions,
1606
potential structural failure, and storage conditions that create
1607
a fire hazard.
1608
(b) The proper placement of functional smoke and heat
1609
detectors and accessible, unexpired fire extinguishers.
1610
(c) The maintenance of fire doors without doorstops or
1611
wedges improperly holding them open.
1612
(8) ANNUAL REPORT.--The State Fire Marshal shall publish an
1613
annual report to be filed with the substantive committees of the
1614
state House of Representatives and Senate having jurisdiction
1615
over education, the Commissioner of Education or his or her
1616
successor, the State Board of Education, the Board of Governors,
1617
and the Governor documenting the status of each board's
1618
firesafety program, including the improvement or lack thereof.
1619
Section 34. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.