Florida Senate - 2015                             CS for SB 1148
       
       
        
       By the Committee on Appropriations; and Senator Stargel
       
       
       
       
       
       576-04258-15                                          20151148c1
    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 and agricultural pole barns, rather than
    5         specified structures located on agricultural property,
    6         from the Florida Fire Prevention Code under specified
    7         circumstances; requiring the State Fire Marshal to
    8         conduct a study addressing certain secondary uses of
    9         nonresidential farm buildings; requiring the State
   10         Fire Marshal to convene a workgroup by a specified
   11         date to assist with the study; requiring the State
   12         Fire Marshal to initiate rulemaking by a specified
   13         date if the study determines that certain life safety
   14         or fire prevention standards are required; revising
   15         the maximum measurements of a tent that is exempt from
   16         the Florida Fire Prevention Code; amending s. 633.208,
   17         F.S.; 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 all of the following
   47  conditions are met:
   48         1. The nonresidential farm building is used by the owner
   49  only for the secondary purposes of assembly, business, or
   50  mercantile occupancy, as defined in the Florida Fire Prevention
   51  Code, and is not used for lodging purposes.
   52         2. Each event has less than 100 persons occupying the
   53  building at one time.
   54         3. There are at least two means of egress or openings of at
   55  least 36 inches in width and 80 inches in height.
   56         4. The nonresidential farm building provides at least 7
   57  square feet per person in attendance if the building is not
   58  concentrated with chairs, tables, or other obstacles, and 15
   59  square feet per person in attendance if the building is
   60  concentrated with chairs, tables, or other obstacles.
   61         5. The storage of combustible or flammable liquids inside
   62  the nonresidential farm building during each event is not
   63  permitted.
   64         (d) Notwithstanding any other provision of law, an
   65  agricultural pole barn is exempt from the Florida Fire
   66  Prevention Code, including the national fire codes and the Life
   67  Safety Code incorporated by reference.
   68         (e) The State Fire Marshal shall conduct a study on the
   69  secondary use of nonresidential farm buildings as assembly,
   70  business, or mercantile occupancies that exceed 100 persons in
   71  attendance and on the development of a fire safety evaluation
   72  system for nonresidential farm buildings used for those
   73  occupancies.
   74         1. The State Fire Marshal shall convene a workgroup on or
   75  before September 1, 2015, to assist with the study. The
   76  workgroup must include a representative of the Florida
   77  Agritourism Association, the Florida Farm Bureau, the Department
   78  of Agriculture and Consumer Services, the Florida Fire Chiefs
   79  Association, the Florida Professional Firefighters Association,
   80  the Florida Fire Marshals and Inspectors Association, and the
   81  Florida Volunteer Firefighters Association. The workgroup may
   82  include other interested parties.
   83         2. If the study determines that the secondary use of
   84  nonresidential farm buildings as described in this paragraph
   85  requires alternative life safety or fire prevention standards
   86  instead of those currently specified in the Florida Fire
   87  Prevention Code, the State Fire Marshal shall in coordination
   88  with the Department of Agriculture and Consumer Services adopt
   89  the alternative standards by rule. Such rulemaking shall be
   90  initiated on or before December 1, 2015.
   91         (17)(b) A tent up to 900 square 30 feet by 30 feet is
   92  exempt from the Florida Fire Prevention Code, including the
   93  national codes incorporated by reference.
   94         Section 2. Subsection (5) of section 633.208, Florida
   95  Statutes, is amended to read:
   96         633.208 Minimum firesafety standards.—
   97         (5) With regard to existing buildings, the Legislature
   98  recognizes that it is not always practical to apply any or all
   99  of the provisions of the Florida Fire Prevention Code and that
  100  physical limitations may require disproportionate effort or
  101  expense with little increase in fire or life safety. Before
  102  Prior to applying the minimum firesafety code to an existing
  103  building, the local fire official shall determine that a threat
  104  to lifesafety or property exists. If a threat to lifesafety or
  105  property exists, the fire official shall apply the applicable
  106  firesafety code for existing buildings to the extent practical
  107  to assure a reasonable degree of lifesafety and safety of
  108  property or the fire official shall fashion a reasonable
  109  alternative that which affords an equivalent degree of
  110  lifesafety and safety of property. The local fire official may
  111  consider the Fire Safety Evaluation System found in NFPA 101A,
  112  Guide on Alternative Solutions to Life Safety, adopted by the
  113  State Fire Marshal, as an acceptable source for the
  114  identification of low-cost, reasonable alternatives. The
  115  decision of the local fire official may be appealed to the local
  116  administrative board described in s. 553.73.
  117         Section 3. This act shall take effect July 1, 2015.