Senate Bill 2168

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    Florida Senate - 1998                                  SB 2168

    By Senator Kirkpatrick





    5-1413-98

  1                      A bill to be entitled

  2         An act relating to firesafety; amending ss.

  3         633.022, 633.085, F.S.; deleting requirements

  4         that state-leased buildings and space be

  5         subject to the same firesafety and inspection

  6         requirements as state-owned buildings and

  7         space; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Paragraph (a) of subsection (1) of section

12  633.022, Florida Statutes, is amended to read:

13         633.022  Uniform firesafety standards.--The Legislature

14  hereby determines that to protect the public health, safety,

15  and welfare it is necessary to provide for firesafety

16  standards governing the construction and utilization of

17  certain buildings and structures.  The Legislature further

18  determines that certain buildings or structures, due to their

19  specialized use or to the special characteristics of the

20  person utilizing or occupying these buildings or structures,

21  should be subject to firesafety standards reflecting these

22  special needs as may be appropriate.

23         (1)  The Department of Insurance shall establish

24  uniform firesafety standards that apply to:

25         (a)  All new, existing, and proposed state-owned and

26  state-leased buildings.

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28  In the event there is a dispute between the owners of the

29  buildings specified in paragraph (b) and a local authority

30  requiring a more stringent uniform firesafety standard for

31  sprinkler systems, the State Fire Marshal shall be the final

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    Florida Senate - 1998                                  SB 2168
    5-1413-98




  1  administrative interpreting authority and the State Fire

  2  Marshal's interpretation regarding the uniform firesafety

  3  standards shall be considered final agency action.

  4         Section 2.  Paragraph (a) of subsection (1) and

  5  subsections (2), (3), and (4) of section 633.085, Florida

  6  Statutes, are amended to read:

  7         633.085  Inspections of state buildings and premises;

  8  tests of firesafety equipment; building plans to be

  9  approved.--

10         (1)(a)  It is the duty of the State Fire Marshal and

11  her or his agents to inspect, or cause to be inspected, each

12  state-owned or state-leased building on a recurring basis

13  established by rule, and to ensure that high-hazard

14  occupancies are inspected at least annually, for the purpose

15  of ascertaining and causing to be corrected any conditions

16  liable to cause fire or endanger life from fire and any

17  violation of the firesafety standards for state-owned and

18  state-leased buildings, the provisions of this chapter, or the

19  rules or regulations adopted and promulgated pursuant hereto.

20  The State Fire Marshal shall, within 7 days following an

21  inspection, submit a report of such inspection to the head of

22  the department of state government responsible for the

23  building.

24         (2)  The State Fire Marshal and her or his agents shall

25  conduct performance tests on any electronic fire warning and

26  smoke detection system, and any pressurized air-handling unit,

27  in any state-owned or state-leased space on a recurring basis

28  as provided in subsection (1).  The State Fire Marshal and her

29  or his agents shall also ensure that fire drills are conducted

30  in all state-owned, or state-leased high-hazard occupancies at

31  least annually.

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    Florida Senate - 1998                                  SB 2168
    5-1413-98




  1         (3)  All construction of any new, or renovation,

  2  alteration, or change of occupancy of any existing,

  3  state-owned or state-leased space shall comply with the

  4  uniform firesafety standards of the State Fire Marshal.

  5         (a)  For all new construction or renovation,

  6  alteration, or change of occupancy of state-leased space,

  7  compliance with the uniform firesafety standards shall be

  8  determined by reviewing the plans for the proposed

  9  construction or occupancy submitted by the lessor to the

10  Division of State Fire Marshal for review and approval prior

11  to commencement of construction or occupancy, which review

12  shall be completed within 10 working days after receipt of the

13  plans by the Division of State Fire Marshal.

14         (b)  The plans for all construction of any new, or

15  renovation or alteration of any existing, state-owned building

16  are subject to the review and approval of the Division of

17  State Fire Marshal for compliance with the uniform firesafety

18  standards prior to commencement of construction or change of

19  occupancy, which review shall be completed within 30 calendar

20  days of receipt of the plans by the Division of State Fire

21  Marshal.

22         (4)  The Division of State Fire Marshal may inspect

23  state-owned space and state-leased space as necessary prior to

24  occupancy or during construction, renovation, or alteration to

25  ascertain compliance with the uniform firesafety standards.

26  Whenever the Division of State Fire Marshal determines by

27  virtue of such inspection or by review of plans that

28  construction, renovation, or alteration of state-owned and

29  state-leased space is not in compliance with the uniform

30  firesafety standards, the Division of State Fire Marshal shall

31  issue an order to cease construction, renovation, or

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    Florida Senate - 1998                                  SB 2168
    5-1413-98




  1  alteration, or to preclude occupancy, of a building until

  2  compliance is obtained, except for those activities required

  3  to achieve such compliance.

  4         Section 3.  This act shall take effect July 1, 1998.

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  7                          SENATE SUMMARY

  8    Deletes the requirement that buildings and space leased
      by the state be subject to the same firesafety standards
  9    and inspection requirements as buildings and space owned
      by the state.
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