Section 1013.12, F.S., requires the State Fire Marshal, in coordination with the Department of Education, to adopt rules prescribing firesafety standards and requirements for educational facilities. Currently two rule chapters conflict regarding ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-58.008Standards and Requirements for Existing Buildings; Exceptions to Rule Chapter 69A-60, the Florida Fire Prevention Code

69A-58.010Other Applicable Codes and Standards

PURPOSE AND EFFECT: Section 1013.12, F.S., requires the State Fire Marshal, in coordination with the Department of Education, to adopt rules prescribing firesafety standards and requirements for educational facilities. Currently two rule chapters conflict regarding which rule chapter controls: Rule Chapter 69A-58, Uniform Firesafety Standards for Educational Facilities and Rule Chapter 69A-60, the Florida Fire Prevention Code. The proposed amendment will update the rule to clarify these requirements. Rule 69A-58.010, F.A.C., is unnecessary because it is duplicative.

SUMMARY: Rule 69A-58.008, F.A.C., provides the order of precedence between rule chapters regarding firesafety standards and requirements for local educational facilities. Rule 69A-58.010, F.A.C., identifies applicable codes and standards in Rule Chapter 69A-60, the Florida Fire Prevention Code.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 633.104(1), 633.104(7), 1013.12(1) FS.

LAW IMPLEMENTED: 633.104(7), 633.206, 633.208, 1013.12, 1013.371, 1013.38 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 24, 2015, 10:00 a.m.

PLACE: 3rd floor conference room, Atrium Building, 325 John Knox Rd., Tallahassee, FL 32308

You may also attend telephonically by dialing: [phone], conference ID: 246827

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Casia Sinco at [phone] or [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 200 E. Gaines Street, Tallahassee, Florida 32399-0342 or [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-58.008 Standards and Requirements for Existing Buildings; Exceptions Additions to Rule Chapter 69A-60, the Florida Fire Prevention Code.

(1) General Safety Requirements for all Buildings in all Facilities or Plants.

(1)(2) Consistent with section Except as set forth in Section 1013.12, F.S., and this rule chapter, educational facilities are subject to Rule Chapter 69A-60, F.A.C., the Florida Fire Prevention Code, which incorporates Rule Chapter 69A-58, F.A.C., by reference.

(3) The standards and requirements in this rule chapter pertain to educational facilities and are exceptions to Rule Chapter 69A-60, F.A.C. In the event of a conflict between this rule and Rule Chapter 69A-60, F.A.C., and notwithstanding paragraph 69A-60.002(3)(d), F.A.C., relating to this rule chapter, the provisions of this rule chapter control the standards and requirements for educational facilities.

(2)(4) Fire department access roads. Paved fire department access roads shall not completely encircle an educational plant or portions thereof.

Rulemaking Authority 633.104(1), (7), 1013.12(1) FS. Law Implemented 633.104(7), 633.206, 633.208, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.008, Amended 11-26-06,______________.

 

69A-58.010 Other Applicable Codes and Standards.

Rulemaking Authority 633.104(1), (7), 1013.12(1) FS. Law Implemented 633.104(7), 633.206, 633.208, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.010, Repealed_______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 22, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2014