The Florida Senate

633.01  State Fire Marshal; powers and duties; rules.--

(1)  The head of the Department of Insurance shall be designated as "State Fire Marshal." The State Fire Marshal shall make and promulgate all rules necessary to implement the provisions of this chapter which grant powers and impose duties on the State Fire Marshal and to effectuate the enforcement of such powers and duties. However, the department shall not adopt minimum firesafety standards, except to the extent required by s. 394.879.

(2)  Subject to the limitations of subsection (1), rules promulgated by the State Fire Marshal shall be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and shall be in substantial conformity with generally accepted standards of firesafety. In the promulgation of rules, the State Fire Marshal shall give consideration to generally accepted standards of firesafety.

(3)  Subject to the limitations of subsection (1), it is the intent of the Legislature that the State Fire Marshal shall have the responsibility to minimize the loss of life and property in this state due to fire. The State Fire Marshal shall enforce all laws and provisions of this chapter, and any rules adopted pursuant thereto, relating to:

(a)  The prevention of fire and explosion through the regulation of conditions which could cause fire or explosion, the spread of fire, and panic resulting therefrom;

(b)  Installation and maintenance of fire alarm systems and fire protection systems, including fire suppression systems, fire-extinguishing equipment, and fire sprinkler systems;

(c)

1.  Servicing, repairing, recharging, testing, marking, inspecting, installing, maintaining, and tagging of fire extinguishers, preengineered systems, and individually designed fire protection systems;

2.  The training and licensing of persons engaged in the business of servicing, repairing, recharging, testing, marking, inspecting, installing, maintaining, and tagging fire extinguishers, preengineered systems, and individually designed fire protection systems;

(d)  The maintenance of fire cause and loss records; and

(e)  Suppression of arson and the investigation of the cause, origin, and circumstances of fire.

(4)  The State Fire Marshal shall establish by rule guidelines and procedures for triennial renewal of firesafety inspector requirements for certification.

(5)  It is the intent of the Legislature that the rules promulgated by the State Fire Marshal pursuant to this section be enforced in such a manner as to prohibit the displacement of currently placed mobile homes unless there is a threat of imminent danger to the health, safety, or welfare of the general public. Furthermore, it is the intent of the Legislature that consideration be given to the social and economic inconveniences which may be caused or created by the rules promulgated by the State Fire Marshal pursuant to this section.

(6)  It is the intent of the Legislature that the rules adopted by the State Fire Marshal pursuant to this section be promulgated in such a manner as to take into consideration the direct supervision of children in nonresidential child care facilities and to balance and temper the need of the State Fire Marshal to protect all citizens from fire hazards with the social and economic inconveniences which may be caused or created by the rules promulgated by the State Fire Marshal pursuant to this section.

History.--s. 1, ch. 20671, 1941; s. 1, ch. 65-216; s. 1, ch. 67-78; ss. 13, 35, ch. 69-106; s. 3, ch. 70-299; s. 5, ch. 71-271; s. 3, ch. 87-287; s. 13, ch. 89-233; s. 1, ch. 90-359; s. 5, ch. 95-379.