Bill Text: FL S0822 | 2016 | Regular Session | Comm Sub

Florida Senate Bill 822 (Prior Session Legislation)

Bill Title: Firesafety

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 431 (Ch. 2016-83), CS/CS/CS/HB 535 (Ch. 2016-129) [S0822 Detail]

Download: Florida-2016-S0822-Comm_Sub.html

       Florida Senate - 2016                       CS for CS for SB 822
       
       
        
       By the Committees on Appropriations; and Banking and Insurance;
       and Senator Stargel
       
       576-03005-16                                           2016822c2
    1                        A bill to be entitled                      
    2         An act relating to firesafety; amending s. 633.202,
    3         F.S.; defining terms; revising provisions relating to
    4         certain structures located on agricultural property
    5         which are exempt from the Florida Fire Prevention
    6         Code; requiring that certain structures used for
    7         agritourism activity be classified; providing criteria
    8         for such classifications; providing that such
    9         classifications are subject to annual inspection;
   10         specifying applicable fire prevention standards for
   11         each class; requiring that the State Fire Marshal
   12         adopt rules; providing requirements for revising
   13         certain dimensions of a tent that is exempt from the
   14         code; amending s. 633.208, F.S.; authorizing a local
   15         fire official to consider a specified publication when
   16         identifying an alternative to a firesafety code;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (16) of section 633.202, Florida
   22  Statutes, is amended to read:
   23         633.202 Florida Fire Prevention Code.—
   24         (16)(a) As used in this subsection, the term:
   25         1. “Agricultural pole barn” means a nonresidential farm
   26  building in which 70 percent or more of the perimeter walls are
   27  permanently open and allow free ingress and egress.
   28         2. “Nonresidential farm building” has the same meaning as
   29  provided in s. 604.50.
   30         (b) Notwithstanding any other provision of law:
   31         1. A nonresidential farm building A structure, located on
   32  property that is classified for ad valorem purposes as
   33  agricultural, which is part of a farming or ranching operation,
   34  in which the occupancy is limited by the property owner to no
   35  more than 35 persons, and which is not used by the public for
   36  direct sales or as an educational outreach facility, is exempt
   37  from the Florida Fire Prevention Code, including the national
   38  codes and Life Safety Code incorporated by reference. This
   39  paragraph does not include structures used for residential or
   40  assembly occupancies, as defined in the Florida Fire Prevention
   41  Code.
   42         2. An agricultural pole barn is exempt from the Florida
   43  Fire Prevention Code, including the national codes and the Life
   44  Safety Code incorporated by reference.
   45         3. Except for an agricultural pole barn, a structure on a
   46  farm as defined in s. 823.14(3)(a) which is used by an owner for
   47  agritourism activity for which the owner receives consideration
   48  must be classified in one of the following classes:
   49         a. Class 1: A nonresidential farm building that is used by
   50  the owner 12 times per year or fewer for agritourism activity
   51  with up to 100 persons occupying the structure at one time. A
   52  structure in this class is subject to annual inspection for
   53  classification by the local authority having jurisdiction. This
   54  class is not subject to the Florida Fire Prevention Code but is
   55  subject to rules adopted by the State Fire Marshal pursuant to
   56  this section.
   57         b. Class 2: A nonresidential farm building that is used by
   58  the owner for agritourism activity with up to 300 persons
   59  occupying the structure at one time. A structure in this class
   60  is subject to annual inspection for classification by the local
   61  authority having jurisdiction. This class is not subject to the
   62  Florida Fire Prevention Code but is subject to rules adopted by
   63  the State Fire Marshal pursuant to this section.
   64         c. Class 3: A structure or facility that is used primarily
   65  for housing, sheltering, or otherwise accommodating members of
   66  the general public. A structure or facility in this class is
   67  subject to annual inspection for classification by the local
   68  authority having jurisdiction. This class is subject to the
   69  Florida Fire Prevention Code.
   70         (c) The State Fire Marshal shall adopt rules to administer
   71  this section, including, but not limited to:
   72         1. The use of alternative lifesafety and fire prevention
   73  standards for structures in Classes 1 and 2;
   74         2. Notification and inspection requirements for structures
   75  in Classes 1 and 2;
   76         3. The application of the Florida Fire Prevention Code for
   77  structures in Class 3; and
   78         4. Any other standards or rules deemed necessary in order
   79  to facilitate the use of structures for agritourism activities.
   80         (17)(b) A tent up to 900 square 30 feet by 30 feet is
   81  exempt from the Florida Fire Prevention Code, including the
   82  national codes incorporated by reference.
   83         Section 2. Subsection (5) of section 633.208, Florida
   84  Statutes, is amended to read:
   85         633.208 Minimum firesafety standards.—
   86         (5) With regard to existing buildings, the Legislature
   87  recognizes that it is not always practical to apply any or all
   88  of the provisions of the Florida Fire Prevention Code and that
   89  physical limitations may require disproportionate effort or
   90  expense with little increase in fire or life safety. Before
   91  Prior to applying the minimum firesafety code to an existing
   92  building, the local fire official shall determine whether that a
   93  threat to lifesafety or property exists. If a threat to
   94  lifesafety or property exists, the fire official shall apply the
   95  applicable firesafety code for existing buildings to the extent
   96  practical to ensure assure a reasonable degree of lifesafety and
   97  safety of property or the fire official shall fashion a
   98  reasonable alternative that which affords an equivalent degree
   99  of lifesafety and safety of property. The local fire official
  100  may consider the fire safety evaluation systems found in NFPA
  101  101A: Guide on Alternative Approaches to Life Safety, adopted by
  102  the State Fire Marshal, as acceptable systems for the
  103  identification of low-cost, reasonable alternatives. The
  104  decision of the local fire official may be appealed to the local
  105  administrative board described in s. 553.73.
  106         Section 3. This act shall take effect July 1, 2016.