Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1554

914312

CHAMBER ACTION

Senate

Comm: FAV

4/17/2008

Floor: 2/AD/2R

4/30/2008 4:51 PM

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House



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The Committee on Community Affairs (Wise) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1. This act may be cited as the "Aldridge/Benge

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Firefighter Safety Act."

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     Section 2.  Section 633.027, Florida Statutes, is created to

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read:

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     633.027 Structures built with light-frame truss-type

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construction; notice requirements; enforcement.--

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     (1) The owner of any commercial or industrial structure, or

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any multiunit residential structure of three units or more, that

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uses light-frame truss-type construction shall mark the structure

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with a sign or symbol approved by the State Fire Marshal in a

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manner sufficient to warn persons conducting fire control and

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other emergency operations of the existence of light-frame truss-

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type construction in the structure.

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     (2) The State Fire Marshal shall adopt rules pursuant to

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ss. 120.536(1) and 120.54 to implement the provisions of this

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section, including, but not limited to:

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     (a) The dimensions and color of such sign or symbol.

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     (b) The time within which commercial, industrial, and

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multiunit residential structures that use light-frame truss-type

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construction shall be marked as required by this section.

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     (c) The location on each commercial, industrial, and

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multiunit residential structure that uses light-frame truss-type

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construction where such sign or symbol must be posted.

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     (3) The State Fire Marshal, and local fire officials in

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accordance with s. 633.121, shall enforce the provisions of this

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section. Any owner who fails to comply with the requirements of

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this section is subject to penalties as provided in s. 633.161.

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     Section 3.  Subsection (12) is added to section 633.0215,

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Florida Statutes, to read:

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     633.0215  Florida Fire Prevention Code.--

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     (12) Notwithstanding other provisions of this section, the

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State Fire Marshal must study the use of managed, facilities-

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based voice over Internet protocol telephone service for

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monitoring fire alarm signals. If the study determines that voice

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over Internet protocol telephone service technology provides a

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level of protection equivalent to that required by NFPA 72:

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National Fire Alarm Code, the State Fire Marshal must initiate

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rulemaking pursuant to ss. 120.536(1) and 120.54 by December 1,

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2008, to allow the use of this technology as an additional method

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of monitoring fire alarm systems.

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     Section 4.  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. A nursing home licensee shall submit complete

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sprinkler construction documents to the Agency for Health Care

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Administration for review by December 31, 2008, and the licensee

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must gain final approval to start construction from the agency by

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June 30, 2009. The agency shall grant a 6-month extension to a

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nursing home licensee if the completion and submission of the

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sprinkler construction documents are contingent upon the approval

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of the application for the loan guarantee program authorized

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under s. 633.0245. In such case, the agency may extend the

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deadline for final approval to begin construction beyond June 30,

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2009, but the deadline may not be extended beyond December 31,

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2009.

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     Section 5.  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 6.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to firesafety; providing a short title;

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creating s. 633.027, F.S., requiring owners of certain

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structures with light-frame truss-type construction to

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mark such structures with signs or symbols; requiring the

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State Fire Marshal to adopt rules governing the size,

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color and placement of such signs and symbols; providing

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for enforcement; providing penalties; amending s.

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663.0215, F.S., requiring the State Fire Marshal to

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conduct a study on the use of voice over Internet protocol

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telephone service for monitoring fire alarm systems;

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requiring rulemaking under certain conditions; 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; requiring a

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nursing home licensee to submit complete sprinkler

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construction documents to the Agency for Health Care

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Administration by a specified date; requiring such

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licensee to gain final approval from the agency to start

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construction by a specified date; authorizing the agency

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to extend the deadline under certain circumstances;

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amending s. 633.0245, F.S.; changing the application

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deadline for participation in the State Fire Marshal

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Nursing Home Loan Guarantee Program; providing an

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effective date.

4/17/2008  4:44:00 PM     CA.CA.07960

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