Florida Senate - 2015 SB 1148
By Senator Stargel
15-00960A-15 20151148__
1 A bill to be entitled
2 An act relating to firesafety; amending s. 633.202,
3 F.S.; defining terms; exempting nonresidential farm
4 buildings, rather than specified structures located on
5 agricultural property, from the Florida Fire
6 Prevention Code under specified circumstances;
7 requiring the State Fire Marshal to conduct a study
8 addressing certain secondary uses of nonresidential
9 farm buildings; requiring the State Fire Marshal to
10 convene a workgroup by a specified date to assist with
11 the study; requiring the State Fire Marshal to
12 initiate rulemaking by a specified date if the study
13 determines that certain life safety or fire prevention
14 standards are required; revising the maximum
15 measurements of a tent that is exempt from the Florida
16 Fire Prevention Code; amending s. 633.208, F.S.;
17 authorizing a local fire official to consider a
18 specified publication when identifying an alternative
19 to a firesafety code; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (16) of section 633.202, Florida
24 Statutes, is amended to read:
25 633.202 Florida Fire Prevention Code.—
26 (16)(a) As used in this subsection, the term:
27 1. “Agricultural pole barn” means a nonresidential farm
28 building in which 90 percent or more of the perimeter walls are
29 permanently open and allow free ingress and egress.
30 2. “Nonresidential farm building” has the same meaning
31 provided in s. 604.50.
32 (b) A nonresidential farm building structure, located on
33 property that is classified for ad valorem purposes as
34 agricultural, which is part of a farming or ranching operation,
35 in which the occupancy is limited by the property owner to no
36 more than 35 persons, and which is not used by the public for
37 direct sales or as an educational outreach facility, is exempt
38 from the Florida Fire Prevention Code, including the national
39 codes and Life Safety Code incorporated by reference. This
40 paragraph does not include structures used for residential or
41 assembly occupancies, as defined in the Florida Fire Prevention
42 Code.
43 (c) Notwithstanding any other provision of law, a
44 nonresidential farm building is exempt from the Florida Fire
45 Prevention Code, including the national codes and the Life
46 Safety Code incorporated by reference, if:
47 1. The nonresidential farm building is used by the owner
48 for assembly, business, or mercantile occupancies, as defined in
49 the Florida Fire Prevention Code, no more than a total of 20
50 times per year; and
51 2. Each occupancy under subparagraph 1. lasts no longer
52 than 72 hours and has no more than 150 individuals in
53 attendance.
54 (d) Notwithstanding any other provision of law, an
55 agricultural pole barn is exempt from the Florida Fire
56 Prevention Code, including the national codes and the Life
57 Safety Code incorporated by reference.
58 (e) The State Fire Marshal shall conduct a study on the
59 secondary use of nonresidential farm buildings as assembly
60 occupancies that occur more than 20 times per year and as
61 assembly occupancies with more than 150 individuals in
62 attendance.
63 1. The State Fire Marshal shall convene a workgroup on or
64 before September 1, 2015, to assist with the study. The
65 workgroup must include a representative of the Florida
66 Agritourism Association, the Florida Farm Bureau, the Department
67 of Agriculture and Consumer Services, the Florida Fire Chiefs
68 Association, the Florida Professional Firefighters Association,
69 the Florida Fire Marshals and Inspectors Association, and the
70 Florida Volunteer Firefighters Association. The workgroup may
71 include other interested parties.
72 2. If the study determines that an assembly occupancy
73 described under this paragraph requires life safety or fire
74 prevention standards different from those currently specified in
75 the Florida Fire Prevention Code, the State Fire Marshal shall
76 adopt the alternative standards by rule. Such rulemaking must be
77 initiated on or before December 1, 2015.
78 (17)(b) A tent up to 900 square 30 feet by 30 feet is
79 exempt from the Florida Fire Prevention Code, including the
80 national codes incorporated by reference.
81 Section 2. Subsection (5) of section 633.208, Florida
82 Statutes, is amended to read:
83 633.208 Minimum firesafety standards.—
84 (5) With regard to existing buildings, the Legislature
85 recognizes that it is not always practical to apply any or all
86 of the provisions of the Florida Fire Prevention Code and that
87 physical limitations may require disproportionate effort or
88 expense with little increase in fire or life safety. Before
89 Prior to applying the minimum firesafety code to an existing
90 building, the local fire official shall determine that a threat
91 to lifesafety or property exists. If a threat to lifesafety or
92 property exists, the fire official shall apply the applicable
93 firesafety code for existing buildings to the extent practical
94 to assure a reasonable degree of lifesafety and safety of
95 property or the fire official shall fashion a reasonable
96 alternative that which affords an equivalent degree of
97 lifesafety and safety of property. The local fire official may
98 consider the Fire Safety Evaluation System found in NFPA 101A,
99 Guide on Alternative Solutions to Life Safety, adopted by the
100 State Fire Marshal, as an acceptable source for the
101 identification of low-cost, reasonable alternatives. The
102 decision of the local fire official may be appealed to the local
103 administrative board described in s. 553.73.
104 Section 3. This act shall take effect July 1, 2015.