69A-58.002. Scope: New Construction and Existing Facilities

(1) This rule chapter establishes uniform requirements to provide a reasonable degree of safety from fire in new construction and existing buildings located in educational facilities, educational plants, ancillary plants, and auxiliary facilities under the jurisdiction of a district school board or a public college board of trustees.

(2) This rule chapter includes procedures for withdrawal of sites and facilities from use until unsafe conditions are corrected.

(3) Section 1002.33(1) F.S., states, “All charter schools in Florida are public schools.” Charter schools shall utilize facilities that comply with the firesafety provisions specified within its charter, or if the charter does not address specific firesafety provisions, the charter school shall utilize facilities that comply with the Florida Fire Prevention Code, the edition as adopted in Rule Chapter 69A-60, F.A.C., pursuant to Section 1002.33(18), F.S.

(a) All charter schools are subject to the inspection requirements of Rule 69A-58.0041, F.A.C.

(b) Each board shall conduct or cause to be conducted each inspection required by paragraph 69A-58.004(1)(a), F.A.C., and the reporting requirements of paragraph 69A-58.004(6)(a), F.A.C.

(4) Existing educational and ancillary facilities shall comply with the applicable provisions of NFPA 1 and NFPA 101, the Florida editions adopted in Rule 69A-3.012, F.A.C., except as modified by Chapter 1013, F.S., and this rule chapter.

(5) Any time NFPA 1 or NFPA 101 refers to any other NFPA standard that has not been adopted by the Division of State Fire Marshal in this rule chapter, the referenced standard shall be the Florida edition adopted in Rule 69A-3.012, F.A.C.

(6) Public colleges shall comply with the applicable chapters of NFPA 1 and NFPA 101, the Florida editions adopted in Rule 69A-3.012, F.A.C., in accordance with the following:

(a) Instructional buildings, classrooms with a capacity of fewer than fifty (50) persons, and instructional laboratories are classified as a business occupancy.

(b) Classrooms with a capacity of fifty (50) persons or more are classified as an assembly occupancy.

(c) Non-instructional laboratories are classified as an industrial occupancy.

(7) Nothing contained in these rules prohibits a county, municipality, or independent special fire control district having firesafety responsibility and a district school board or public college board of trustees from entering into an agreement or an understanding which governs inspections, reviews, and approvals of new construction in the subject jurisdiction.

(8) In the event of a conflict between the local fire official and the board fire official on the requirement or interpretation of any provision of this rule chapter or Rule Chapter 69A-60, F.A.C., the Florida Fire Prevention Code, the conflict shall be resolved by agreement between the local fire official and the board fire official in favor of the requirement or interpretation of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction.

(9) If the local fire official and the board fire official are unable to agree on which requirement, interpretation, or system provides the highest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction, either official may petition the division for a declaratory statement in accordance with Section 120.565, F.S., and any rules applicable thereto, setting forth each one’s positions and reasons therefore. If both the board fire official and the local fire official choose to file a petition, a joint petition should be filed. The division will make every effort to expedite the process of issuing a declaratory statement commensurate, however, with the time and publication requirements of Chapter 120, F.S.

(10) The local fire official and the board fire official are permitted to seek an informal nonbinding interpretation pursuant to Rule 69A-60.011, F.A.C.  If such an informal opinion is requested, the request shall be given the highest priority by the Florida Fire Prevention Code Interpretations Committee and every effort shall be made to expedite a response.

Rulemaking Authority 633.104(1), (7), 1013.12(1) FS. Law Implemented 633.104(7), 633.202(13), 633.206, 633.208, 1002.33(18), 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.002, Amended 11-26-06, 11-4-12.