CS/HB 727

1	A bill to be entitled
2	An act relating to firesafety; providing a short title;
3	amending s. 633.022, F.S.; including application of
4	uniform firesafety standards to tunnels; revising
5	application of automatic sprinkler systems requirements to
6	nursing homes; requiring a nursing home licensee to submit
7	complete sprinkler construction documents to the Agency
8	for Health Care Administration by a specified date;
9	requiring such licensee to gain final approval from the
10	agency to start construction by a specified date;
11	authorizing the agency to extend the deadline under
12	certain circumstances; amending s. 633.0245, F.S.;
13	providing a new application deadline for participation in
14	the State Fire Marshal Nursing Home Fire Protection Loan
15	Guarantee Program; amending s. 663.0215, F.S., requiring
16	the State Fire Marshal to conduct a study on the use of
17	voice-over-Internet-protocol telephone service for
18	monitoring fire alarm systems; requiring rulemaking under
19	certain conditions; creating s. 633.027, F.S.; requiring
20	owners of certain structures to post certain signs or
21	symbols on the structures; requiring the State Fire
22	Marshal to adopt rules governing such signs or symbols;
23	providing for enforcement; providing penalties; providing
24	an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  This act may be cited as the "Aldridge/Benge
29	Firefighter Safety Act."
30	Section 2.  Paragraph (b) of subsection (1) and paragraph
31	(a) of subsection (4) and of section 633.022, Florida Statutes,
32	are amended to read:
33	633.022  Uniform firesafety standards.--The Legislature
34	hereby determines that to protect the public health, safety, and
35	welfare it is necessary to provide for firesafety standards
36	governing the construction and utilization of certain buildings
37	and structures. The Legislature further determines that certain
38	buildings or structures, due to their specialized use or to the
39	special characteristics of the person utilizing or occupying
40	these buildings or structures, should be subject to firesafety
41	standards reflecting these special needs as may be appropriate.
42	(1)  The department shall establish uniform firesafety
43	standards that apply to:
44	(b)  All new, existing, and proposed hospitals, nursing
45	homes, assisted living facilities, adult family-care homes,
46	correctional facilities, public schools, transient public
47	lodging establishments, public food service establishments,
48	elevators, migrant labor camps, mobile home parks, lodging
49	parks, recreational vehicle parks, recreational camps,
50	residential and nonresidential child care facilities, facilities
51	for the developmentally disabled, motion picture and television
52	special effects productions, tunnels, and self-service gasoline
53	stations, of which standards the State Fire Marshal is the final
54	administrative interpreting authority.
55
56	In the event there is a dispute between the owners of the
57	buildings specified in paragraph (b) and a local authority
58	requiring a more stringent uniform firesafety standard for
59	sprinkler systems, the State Fire Marshal shall be the final
60	administrative interpreting authority and the State Fire
61	Marshal's interpretation regarding the uniform firesafety
62	standards shall be considered final agency action.
63	(4)(a)  Notwithstanding any provision of law to the
64	contrary, each nursing home licensed under part II of chapter
65	400 shall be protected throughout by an approved, supervised
66	automatic sprinkler system in accordance with s. 9 of National
67	Fire Protection Association, Inc., Life Safety Code, in
68	accordance with the following schedule:
69	1.  Each hazardous area of each nursing home shall be
70	protected by an approved, supervised automatic sprinkler system
71	by no later than December 31, 2008.
72	2.  Each entire nursing home shall be protected by an
73	approved, supervised automatic sprinkler system by no later than
74	December 31, 2010. A nursing home licensee shall submit complete
75	sprinkler construction documents to the Agency for Health Care
76	Administration for review by December 31, 2008, and the licensee
77	must gain final approval to start construction from the agency
78	by June 30, 2009. The agency shall grant a 6-month extension to
79	a nursing home licensee if the completion and submission of the
80	sprinkler construction documents are contingent upon the
81	approval of the application for the loan guarantee program
82	authorized under s. 633.0245. In such case, the agency may
83	extend the deadline for final approval to begin construction
84	beyond June 30, 2009, but the deadline may not be extended
85	beyond December 31, 2009.
86	Section 3.  Subsection (9) of section 633.0245, Florida
87	Statutes, is amended to read:
88	633.0245  State Fire Marshal Nursing Home Fire Protection
89	Loan Guarantee Program.--
90	(9)  No application for participation in the State Fire
91	Marshal Nursing Home Fire Protection Loan Guarantee Program may
92	be accepted by the State Fire Marshal after July 1, 2009 June
93	30, 2006.
94	Section 4.  Subsection (12) is added to section 633.0215,
95	Florida Statutes, to read:
96	633.0215  Florida Fire Prevention Code.--
97	(12)  Notwithstanding other provisions of this section, the
98	State Fire Marshal shall study the use of managed, facilities-
99	based, voice-over-Internet-protocol telephone service for
100	monitoring fire alarm signals. If the study determines that
101	voice-over-Internet-protocol telephone service technology
102	provides a level of protection equivalent to that required by
103	NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
104	initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
105	December 1, 2008, to allow the use of this technology as an
106	additional method of monitoring fire alarm systems.
107	Section 5.  Section 633.027, Florida Statutes, is created
108	to read:
109	633.027  Buildings with light-frame truss-type
110	construction; notice requirements; enforcement.--
111	(1)  The owner of any commercial or industrial structure,
112	or any multiunit residential structure of three units or more,
113	that uses light-frame truss-type construction shall mark the
114	structure with a sign or symbol approved by the State Fire
115	Marshal in a manner sufficient to warn persons conducting fire
116	control and other emergency operations of the existence of
117	light-frame truss-type construction in the structure.
118	(2)  The State Fire Marshal shall adopt rules necessary to
119	implement the provisions of this section, including, but not
120	limited to:
121	(a)  The dimensions and color of such sign or symbol.
122	(b)  The time within which commercial, industrial, and
123	multiunit residential structures that use light-frame truss-type
124	construction shall be marked as required by this section.
125	(c)  The location on each commercial, industrial, and
126	multiunit residential structure that uses light-frame truss-type
127	construction where such sign or symbol must be posted.
128	(3)  The State Fire Marshal, and local fire officials in
129	accordance with s. 633.121, shall enforce the provisions of this
130	section. Any owner who fails to comply with the requirements of
131	this section is subject to penalties as provided in s. 633.161.
132	Section 6.  This act shall take effect July 1, 2008.

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