Bill Text: FL S0822 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2016                                     SB 822
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00278C-16                                           2016822__
    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         assembly, business, or mercantile activity be
    8         classified; specifying that certain structures are
    9         subject to annual inspection for classification;
   10         providing classifications; revising certain dimensions
   11         of a tent that is exempt from the code; requiring that
   12         the State Fire Marshal adopt rules; amending s.
   13         633.208, F.S.; authorizing a local fire official to
   14         consider a specified publication when identifying an
   15         alternative to a firesafety code; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (16) of section 633.202, Florida
   21  Statutes, is amended to read:
   22         633.202 Florida Fire Prevention Code.—
   23         (16)(a) As used in this subsection, the term:
   24         1. “Agricultural pole barn” means a nonresidential farm
   25  building in which 70 percent or more of the perimeter walls are
   26  permanently open and allow free ingress and egress.
   27         2. “Nonresidential farm building” has the same meaning as
   28  provided in s. 604.50.
   29         (b) Notwithstanding any other provision of law, a
   30  nonresidential farm building A structure, located on property
   31  that is classified for ad valorem purposes as agricultural,
   32  which is part of a farming or ranching operation, in which the
   33  occupancy is limited by the property owner to no more than 35
   34  persons, and which is not used by the public for direct sales or
   35  as an educational outreach facility, is exempt from the Florida
   36  Fire Prevention Code, including the national codes and Life
   37  Safety Code incorporated by reference. This paragraph does not
   38  include structures used for residential or assembly occupancies,
   39  as defined in the Florida Fire Prevention Code.
   40         (c) Notwithstanding any other provision of law, an
   41  agricultural pole barn is exempt from the Florida Fire
   42  Prevention Code, including the national codes and the Life
   43  Safety Code incorporated by reference.
   44         (d) Notwithstanding any other provision of law, a structure
   45  on a farm as defined in s. 823.14(3)(a) which is used by an
   46  owner for assembly, business, or mercantile activity must be
   47  classified in one of the following classes:
   48         1. Class 1: A nonresidential farm building that is used by
   49  the owner 12 times per year or fewer for assembly, business, or
   50  mercantile activity with up to 100 persons occupying the
   51  structure at one time. This class is not subject to the Florida
   52  Fire Prevention Code.
   53         2. Class 2: A nonresidential farm building that is used by
   54  the owner for assembly, business, or mercantile activity with up
   55  to 300 persons occupying the structure at one time. A structure
   56  in this class is subject to annual inspection for classification
   57  by the local authority having jurisdiction. This class is not
   58  subject to the Florida Fire Prevention Code.
   59         3. Class 3: A new or an additional structure or facility
   60  constructed, or an existing structure, which is used primarily
   61  for housing, sheltering, or otherwise accommodating members of
   62  the general public. A structure or facility in this class is
   63  subject to annual inspection for classification by the local
   64  authority having jurisdiction. This class is subject to the
   65  Florida Fire Prevention Code.
   66         (e) The State Fire Marshal shall adopt rules to administer
   67  this section, including, but not limited to:
   68         1. The use of alternative lifesafety and fire prevention
   69  standards for structures in Classes 1 and 2;
   70         2. Notification and inspection requirements for structures
   71  in Class 2;
   72         3. The application of the Florida Fire Prevention Code for
   73  structures in Class 3; and
   74         4. Any other standards or rules deemed necessary in order
   75  to facilitate the use of structures for assembly, business, or
   76  mercantile activities.
   77         (17)(b) A tent up to 900 square 30 feet by 30 feet is
   78  exempt from the Florida Fire Prevention Code, including the
   79  national codes incorporated by reference.
   80         Section 2. Subsection (5) of section 633.208, Florida
   81  Statutes, is amended to read:
   82         633.208 Minimum firesafety standards.—
   83         (5) With regard to existing buildings, the Legislature
   84  recognizes that it is not always practical to apply any or all
   85  of the provisions of the Florida Fire Prevention Code and that
   86  physical limitations may require disproportionate effort or
   87  expense with little increase in fire or life safety. Before
   88  Prior to applying the minimum firesafety code to an existing
   89  building, the local fire official shall determine whether that a
   90  threat to lifesafety or property exists. If a threat to
   91  lifesafety or property exists, the fire official shall apply the
   92  applicable firesafety code for existing buildings to the extent
   93  practical to ensure assure a reasonable degree of lifesafety and
   94  safety of property or the fire official shall fashion a
   95  reasonable alternative that which affords an equivalent degree
   96  of lifesafety and safety of property. The local fire official
   97  may consider the fire safety evaluation systems found in NFPA
   98  101A: Guide on Alternative Approaches to Life Safety, adopted by
   99  the State Fire Marshal, as acceptable systems for the
  100  identification of low-cost, reasonable alternatives. The
  101  decision of the local fire official may be appealed to the local
  102  administrative board described in s. 553.73.
  103         Section 3. This act shall take effect July 1, 2016.