House Bill hb0443c1

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2002              CS/HB 443

        By the Council for Lifelong Learning and Representatives
    Barreiro and Heyman





  1                      A bill to be entitled

  2         An act relating to firesafety standards for

  3         educational and ancillary plants and

  4         educational facilities; amending s. 235.06,

  5         F.S.; requiring the State Fire Marshal to adopt

  6         certain uniform firesafety standards for

  7         certain plants and facilities and a firesafety

  8         evaluation system as an alternate inspection

  9         standard for certain plants and facilities;

10         providing for enforcement and administration of

11         such standards and system by local fire

12         officials; prescribing conditions for

13         conducting firesafety inspections; prescribing

14         duties of local fire officials in providing a

15         plan of action and a schedule for correction of

16         deficiencies; requiring the State Fire Marshal

17         to adopt and administer rules prescribing

18         specified standards for the safety and health

19         of occupants of educational and ancillary

20         plants; amending s. 633.01, F.S.; requiring the

21         State Fire Marshal to adopt and administer

22         rules prescribing standards for the safety and

23         health of occupants of educational and

24         ancillary facilities as specified; requiring

25         the State Fire Marshal to assume certain duties

26         of the local fire official in certain counties;

27         amending s. 633.022, F.S.; conforming

28         provisions; providing an effective date.

29

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

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 443

    400-120A-02






  1         Section 1.  Section 235.06, Florida Statutes, is

  2  amended to read:

  3         235.06  Casualty, safety, and sanitation, and

  4  firesafety standards and inspection of property.--The

  5  Commissioner of Education shall adopt and administer rules

  6  prescribing standards for the safety and health of occupants

  7  of educational and ancillary plants as a part of the State

  8  Uniform Building Code for Public Educational Facilities

  9  Construction as provided in s. 235.26, except that the State

10  Fire Marshal shall adopt uniform firesafety standards for

11  educational and ancillary plants and educational facilities,

12  as provided in s. 633.022(1)(b), and a firesafety evaluation

13  system to be used as an alternate firesafety inspection

14  standard for existing educational and ancillary plants and

15  educational facilities. The uniform firesafety standards and

16  the alternate firesafety evaluation system shall be

17  administered and enforced by local fire officials the

18  provisions of chapter 633 to the contrary notwithstanding.

19  These standards must be used by all public agencies when

20  inspecting public educational and ancillary plants, and the

21  firesafety standards must be used by local fire officials when

22  performing firesafety inspections of public educational and

23  ancillary plants and educational facilities. In accordance

24  with such standards, each board shall prescribe policies and

25  procedures establishing a comprehensive program of safety and

26  sanitation for the protection of occupants of public

27  educational and ancillary plants. Such policies must contain

28  procedures for periodic inspections as prescribed herein and

29  for withdrawal of any educational and ancillary plant, or

30  portion thereof, from use until unsafe or unsanitary

31  conditions are corrected or removed.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 443

    400-120A-02






  1         (1)  PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--

  2         (a)  Each board shall provide for periodic inspection,

  3  other than firesafety inspection, of each educational and

  4  ancillary plant at least once during each fiscal year to

  5  determine compliance with standards of sanitation and casualty

  6  safety prescribed in the rules of the commissioner.

  7         (b)  Firesafety inspections of each educational and

  8  ancillary plant must be made annually by persons certified by

  9  the Division of State Fire Marshal to be eligible to conduct

10  firesafety inspections in public educational and ancillary

11  plants. The board shall submit a copy of the firesafety

12  inspection report to the State Fire Marshal and, if there is a

13  local fire official who conducts firesafety inspections, to

14  the local fire official.

15         (c)  In each firesafety inspection report, the board

16  shall include a plan of action and a schedule for the

17  correction of each deficiency which have been formulated in

18  consultation with the local fire control authority. If

19  immediate life-threatening deficiencies are noted in any

20  inspection, the board shall either take action to promptly

21  correct the deficiencies or withdraw the educational or

22  ancillary plant from use until such time as the deficiencies

23  are corrected.

24         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

25  AGENCIES.--

26         (a)  A safety or sanitation inspection of any

27  educational or ancillary plant may be made at any time by the

28  Department of Education or any other state or local agency

29  authorized or required to conduct such inspections by either

30  general or special law.  Each agency conducting inspections

31  shall use the standards adopted by the Commissioner of

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 443

    400-120A-02






  1  Education in lieu of, and to the exclusion of, any other

  2  inspection standards prescribed either by statute or

  3  administrative rule, the provisions of chapter 633 to the

  4  contrary notwithstanding. The agency shall submit a copy of

  5  the inspection report to the board.

  6         (b)  One firesafety inspection of each educational or

  7  ancillary plant must be conducted each fiscal year by the

  8  county, municipality, or special fire control district in

  9  which the plant is located using the standards adopted by the

10  State Fire Marshal. The board shall cooperate with the

11  inspecting authority when a firesafety inspection is made by a

12  governmental authority under this paragraph. In addition to

13  school board inspections, the applicable local fire control

14  authority shall also annually inspect educational facilities

15  within its fire control district, using the standards adopted

16  by the Commissioner of Education. Reports shall be filed with

17  the school board, and a copy shall be on file with the local

18  site administrator.

19         (c)  In each firesafety inspection report, the local

20  fire official in conjunction with the board shall include a

21  plan of action and a schedule for the correction of each

22  deficiency. If immediate life-threatening deficiencies are

23  noted in any inspection, the local fire official shall either

24  take action to require the board to promptly correct the

25  deficiencies or withdraw the educational facility from use

26  until the deficiencies are corrected.

27         (3)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN

28  FIRESAFETY DEFICIENCIES.--Upon failure of the board to take

29  corrective action within a reasonable time, the agency making

30  the inspection, other than a local fire official, may request

31  the commissioner to:

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 443

    400-120A-02






  1         (a)  Order that appropriate action be taken to correct

  2  all deficiencies in accordance with a schedule determined

  3  jointly by the inspecting authority and the board; in

  4  developing the schedule, consideration must be given to the

  5  seriousness of the deficiencies and the ability of the board

  6  to obtain the necessary funds; or

  7         (b)  After 30 calendar days' notice to the board, order

  8  all or a portion of the educational or ancillary plant

  9  withdrawn from use until the deficiencies are corrected.

10         (4)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon

11  failure of the board to take corrective action within the time

12  designated in the plan of action to correct any firesafety

13  deficiency noted under paragraph (1)(c) or paragraph (2)(c),

14  the local fire official shall immediately report the

15  deficiency to the State Fire Marshal, who shall have

16  enforcement authority with respect to educational and

17  ancillary plants and educational facilities as provided in

18  chapter 633 for any other building or structure.

19         (5)  ADDITIONAL STANDARDS.--In addition to any other

20  rules adopted under this section or s. 633.022, the State Fire

21  Marshal shall adopt and administer rules prescribing the

22  following standards for the safety and health of occupants of

23  educational and ancillary plants:

24         (a)  The designation of serious life-safety hazards,

25  including, but not limited to, nonfunctional fire alarm

26  systems, nonfunctional fire sprinkler systems, doors with

27  padlocks or other locks or devices that preclude egress at any

28  time, inadequate exits, hazardous electrical system

29  conditions, potential structural failure, and storage

30  conditions that create a fire hazard. Other conditions may be

31  identified as serious by the inspection authority.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 443

    400-120A-02






  1         (b)  The proper placement of functional smoke and heat

  2  detectors and accessible, unexpired fire extinguishers.

  3         (c)  The maintenance of fire doors without doorstops or

  4  wedges improperly holding them open.

  5         Section 2.  Subsection (7) is added to section 633.01,

  6  Florida Statutes, to read:

  7         633.01  State Fire Marshal; powers and duties; rules.--

  8         (7)  The State Fire Marshal shall adopt and administer

  9  rules prescribing standards for the safety and health of

10  occupants of educational and ancillary facilities pursuant to

11  ss. 633.022, 235.06, and 235.26. In addition, in any county

12  that does not employ or appoint a local fire official, the

13  State Fire Marshal shall assume the duties of the local fire

14  official with respect to firesafety inspections of educational

15  property required under s. 235.06(2)(b) and the State Fire

16  Marshal may take necessary corrective action as authorized

17  under s. 235.06(4).

18         Section 3.  Paragraph (b) of subsection (1) of section

19  633.022, Florida Statutes, is amended to read:

20         633.022  Uniform firesafety standards.--The Legislature

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

22  and welfare it is necessary to provide for firesafety

23  standards governing the construction and utilization of

24  certain buildings and structures.  The Legislature further

25  determines that certain buildings or structures, due to their

26  specialized use or to the special characteristics of the

27  person utilizing or occupying these buildings or structures,

28  should be subject to firesafety standards reflecting these

29  special needs as may be appropriate.

30         (1)  The Department of Insurance shall establish

31  uniform firesafety standards that apply to:

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002              CS/HB 443

    400-120A-02






  1         (b)  All new, existing, and proposed hospitals, nursing

  2  homes, assisted living facilities, adult family-care homes,

  3  correctional facilities, public schools, transient public

  4  lodging establishments, public food service establishments,

  5  elevators, migrant labor camps, mobile home parks, lodging

  6  parks, recreational vehicle parks, recreational camps,

  7  residential and nonresidential child care facilities,

  8  facilities for the developmentally disabled, motion picture

  9  and television special effects productions, and self-service

10  gasoline stations, of which standards the State Fire Marshal

11  is the final administrative interpreting authority. With

12  respect to public schools, the department shall utilize

13  firesafety standards that have been adopted by the State Board

14  of Education.

15

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

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

18  requiring a more stringent uniform firesafety standard for

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

20  administrative interpreting authority and the State Fire

21  Marshal's interpretation regarding the uniform firesafety

22  standards shall be considered final agency action.

23         Section 4.  This act shall take effect July 1, 2002.

24

25

26

27

28

29

30

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.