The proposed amendments will update the rules in Chapter 69A-58, F.A.C., and will implement the changes made by Chapter 2011-79, Laws of Florida.

 

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO.: RULE TITLE:
69A-58.001: Administration and General Requirements
69A-58.002: Scope: New Construction and Existing Facilities
69A-58.003: Definitions
69A-58.0031: New Construction
69A-58.004: Firesafety Inspections
69A-58.0041: Charter Schools
69A-58.005: Serious Life Safety Hazards
69A-58.007: Counties, Municipalities, and Special Districts Having Firesafety Responsibilities, Without Firesafety Inspectors
69A-58.0083: Protection from Hazards
69A-58.0084: Seclusion Time Out Rooms
69A-58.009: Florida Firesafety School Evaluation System

PURPOSE AND EFFECT: The proposed amendments will update the rules in Chapter 69A-58, F.A.C., and will implement the changes made by Chapter 2011-79, Laws of Florida.

SUMMARY: The term “special district” has been changed to “independent special fire control district” to conform to the language used in the new law. Rule 69A-58.003, F.A.C., adds a definition of “board,” “board fire official,” and “independent special fire control district.” Rule 69A-58.0031, F.A.C., is amended to require school boards to submit a copy of the site plan for each new facility and new facility addition exceeding 2,500 square feet to the local fire official for review in accordance with Section 1013.38, F.S. Rule 69A-58.004, F.A.C., is amended to require only one annual inspection of educational facilities and specifies the procedures for electronic submission of the inspection certification. Rule 69A-58.0041, F.A.C., is added to require charter schools to undergo firesafety inspections in accordance with Section 1013.12, F.S.

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 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 economic analysis conducted by the Department showed that: (1) no requirement for a SERC was triggered under Section 120.541(1), F.S., and (2) based on the Department’s past experience with rules of this nature, the adverse impact or regulatory cost, if any, will not exceed any of the criteria set forth in Section 120.541(2), F.S.

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: 633.01(1), (7), 1013.12(1) FS.

LAW IMPLEMENTED: 633.01(7), 633.0215(13), 633.022, 633.025, 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):

DATES AND TIME: September 4, 2012, 10:00 a.m.; September 5, 2012, 10:00 a.m.

PLACE: September 4, 2012 – 3rd Floor Conference Room, The Atrium Building, 325 John Knox Rd., Tallahassee, FL; September 5, 2012 – Florida State Fire College, Auditorium, 11655 N.W. Gainesville Rd., Ocala, FL

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: Charles Frank 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 RULES IS: Charles Frank, Bureau of Fire Prevention, Division of State Fire Marshal, 200 E. Gaines Street, Tallahassee, FL 32399-0342; [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

69A-58.001 Administration and General Requirements.

The Division of State Fire Marshal in consultation with the Department of Education hereby adopts firesafety rules for the use by board fire officials boards and local fire officials when conducting plans reviews for new construction and firesafety inspections of new construction and existing buildings located in educational facilities, educational plants, ancillary plants, and auxiliary facilities to ensure the safety of occupants.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.001, Amended 11-26-06,________.

 

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 community college board of trustees.

(2) through (5) No change.

(6) Public Community 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:

(6)(a) through (6)(c) No change.

(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 community 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., or 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 lifesafety or alternatives which would provide an equivalent degree of lifesafety 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 therefor. 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 Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.0215(13), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.002, Amended 11-26-06,________.

 

69A-58.003 Definitions.

As used in this rule chapter, the following definitions apply:

(1) through (2) No change.

(3) “Board” means the school district school board or public community college board of trustees employing or contracting with a firesafety inspector certified pursuant to Section 633.081(2), F.S., with jurisdiction to make inspections of buildings and to enforce the firesafety codes, as required by these rules, which establish standards for design, construction, erection, alteration, repair, modification, or demolition of school district and public college buildings, structures, or facilities.

(4) “Board fire official” means the firesafety inspector certified pursuant to Section 633.081(2), FS., who is appointed by the board under Section 1013.371(2), F.S.

(5)(4) “Building” or “board building” means any building or structure located on, upon, or in any educational facility, educational plant, ancillary plant, or auxiliary facility owned, rented, leased, or under lease-purchase agreement or lease-purchase option with a board. These terms include “Building” includes any permanent, fixed, relocatable, and manufactured building or structure.

(6)(5) “Division,” including the lower case “division,” means the Division of State Fire Marshal of the Department of Financial Services.

(7)(6) “Educational facilities” means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the boards. As used in these rules and unless otherwise clearly indicated by the context, “educational facilities” includes each educational facility, educational plant, ancillary plant, and auxiliary facility and all buildings and structures contained therein and thereon.

(8)(7) “Educational plant” comprises the educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the education program of each plant.

(9)(8) “Existing facility” means a facility or building that has been issued a certificate of occupancy prior to the effective date of this edition of this rule chapter.

(10)(9) “Florida Building Code” means the Florida Building Code as adopted in Rule 61G20-1.001 9B-3.047, F.A.C., adopted pursuant to Section 552.73, F.S.

(11)(10) “FISH” means Florida Inventory of School Houses.

(12)(11) “Florida Fire Prevention Code” means the Florida Fire Prevention Code as adopted in Rule 69A-3.012, F.A.C.

(13) “Independent special fire control district” means an independent special district as defined in Section 191.003(5), F.S., that was created for the purposes of fire prevention, fire suppression, or fire protection.

(14)(12) “Local fire official” or “fire official” means the county, municipality, or independent special fire control district having firesafety responsibility employing or contracting with a firesafety inspector certified pursuant to Section 633.081(2), F.S., with jurisdiction to make inspections of buildings and to enforce the firesafety codes which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities or, where the context requires, the State Fire Marshal, as referred to in Section 1013.12(3)(2) (b), F.S.

(15)(13) “New facility”’ means a facility that has not been occupied nor issued a building permit prior to the effective date of this edition of this rule chapter.

(16)(14) “NFPA 1” means the National Fire Protection Association Code 1, entitled the “Uniform Fire Code,” the Florida edition as adopted in Rule 69A-3.012, F.A.C.

(17)(15) “NFPA 101” means the National Fire Protection Association Code 101, entitled the “Life Safety Code,” the Florida edition as adopted in Rule 69A-3.012, F.A.C.

(16) “Special district that has firesafety enforcement responsibilities” means a special fire control district or a special district which was created for the purposes of fire prevention, fire suppression, or fire protection.

(18)(17) “Student-occupied space” means any area planned primarily for use by six or more students.

(19)(18) The definitions in Section 1013.01, F.S., of words and terms found in Section 1013.12, F.S., or of words or terms found in this rule chapter apply to this rule chapter; however, in the event of a conflict between the definitions in Section 1013.01 or 1013.12, F.S., and these rules, the definitions in Sections 1013.01 and 1013.12, F.S., shall control.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.003, Amended 11-26-06,_________.

 

69A-58.0031 New Construction.

(1) New construction and new buildings are subject to and controlled by NFPA 1, the edition as adopted in Rule 69A-3.012, F.A.C., in Chapter 20.2, relating to “Educational Ooccupancies” and NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C., Chapter 14, “New Eeducational Ooccupancies,” except where specifically otherwise provided in this rule chapter.

(2) Notwithstanding any rule or adopted code or standard in conflict herewith, the following procedures apply with respect to new construction and new buildings.

(a) Prior to commencement of any new construction or remodeling:

1. The board shall submit for review at least one copy of the site plan for each new facility and each new facility addition exceeding 2,500 square feet to the local fire official providing fire-protection to the facility in accordance with Section 1013.38(1), F.S.

2. All site plans reviewed by the local fire official shall be reviewed in accordance with Section 1013.38(1), F.S.

3.1. The board shall approve or cause to be approved the plans, drawings, designs, proposals, blueprints, and other construction or remodeling documents and evaluate the same for complete compliance with the Florida Fire Prevention Code. in accordance with Section 1013.38(1), F.S., or

4.2. In addition to the site plans submitted, the The board may must show compliance with all applicable firesafety codes and standards by at least one of the other means provided in Section 1013.38(2)(a) through (d), F.S.

(b) through (c) No change.

(3) The board must show compliance with all applicable firesafety codes and standards by contracting with a firesafety inspector certified under Section 633.081, F.S.

(4)(3) A certificate of occupancy shall not be issued until the board’s certified building official has determined that the building or structure and its site conditions comply with all applicable statutes, these rules, and all applicable firesafety codes and standards.

(5)(4) Horizontal exits referenced in NFPA 101, section 14.2.2.5 and exit passageways referenced in NFPA 101, section 14.2.2.7 are prohibited.

Rulemaking Specific Authority 633.01(1), (7), 1013.12 FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 11-26-06, Amended_________.

 

69A-58.004 Firesafety Inspections.

(1) There shall be one required two annual inspection inspections of existing educational facilities, ancillary plants, and auxiliary facilities, as follows:

(a) Pursuant to Section 1013.12(2)(c)(1)(b), F.S., a firesafety inspection of each building of each educational plant and each ancillary plant shall be made annually by the board.

(b) Pursuant to Section 1013.12(3)(2)(b), F.S., a firesafety inspection of each building of each educational plant and each ancillary plant may shall be made annually by the local fire official.

(2) No change.

(a) through (c) No change.

(d) Are permitted and encouraged to be conducted jointly by the board fire official and the local fire official and documented on one inspection form. If the inspection is performed jointly, the inspection form shall clearly identify the name and certification number of each inspector and his or her employer. Each inspector must sign the inspection report.

(3) through (4) No change.

(5) Each inspection report and plan of correction shall contain, at a minimum, the following information:

(a) The name of the school district or public college;

(b) The name of the board fire official and the local fire official (i.e., municipality, county, or independent special fire control district);

(c) The name of the facility inspected;

(d) The type of facility inspected (i.e., K-5, 6-9, 10-12, CC, other);

(e) through (f) No change.

(g) The name, address, and phone number of each inspector, and the designation of whether such inspector is employed by or under contract with a board or is a board fire official or local fire official;

(h) No change.

(i) No change.

1. through 7. No change.

8. A statement that the district or board has or has not complied with Section 1013.12(2)(c)(1)(c), F.S., as applicable;

9. A statement that the county, municipality, or independent special fire control district having firesafety responsibilities has or has not complied with Section 1013.12(3)(b)(2)(c), F.S., as applicable;

10. through 11. No change.

(6) The inspection reports required by subsection (1) shall be certified submitted to the division by June 30 of each year.

(a) The board conducting a fire safety inspection under paragraph (1)(a) shall certify to the division that the inspection has been completed by electronically entering the required information regarding the inspection into either:

1. Forward one copy of the completed inspection report for each inspection conducted by the board to the division electronically by entering it into the “School Inspection Reporting System” database, or

2. Submit the report in any legible format with each violation coded in accordance with Form DFS-KL3-1674 (Rev. 02-06) the “School Inspection Reporting System” adopted herein by reference, and retain the original or a copy thereof. A copy of the form can be obtained at the Department’s website located at www.fldfs.com/SFM/, or by mailing a request to The Florida State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(b) The local fire official conducting a firesafety inspection under paragraph (1)(b) shall certify to the division that the inspection has been completed by electronically entering the required information regarding the inspection into either:

1. Forward one copy of the completed inspection report for each inspection conducted by the local fire official to the division electronically by entering it into the “School Inspection Reporting System” database, or

2. Submit the report in any legible format with each violation coded in accordance with Form DFS-KL3-1674 (Rev. 02-06) adopted herein by reference, and retain the original or copy thereof.

(c) The inspection report resulting from a joint inspection shall be certified submitted by the board.

(d) No change.

(7) Any firesafety inspector certified in accordance with Section 633.081, F.S., or other designated employee authorized by a unit of government who is certified in accordance with Section 633.081(2) or Section 633.081(3), F.S., may access enter the “School Inspection Reporting System” via the internet at http://sfm.bebr.ufl.edu/ http://app.bebr.ufl.edu/egroupware/login.php?cd=1. Inspection authorities and the public You may also access the “School Inspection Reporting System” through the Division’s website located at www.myfloridacfo.com/SFM/. www.fldfs.com/SFM/.

Rulemaking Specific Authority 633.01(1), (7), 633.022, 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.004, Amended 11-26-06, 5-18-08,________.

 

69A-58.0041 Charter Schools.

(1) All authorized charter schools located on property that is owned or leased by a school district or a public college shall be inspected in accordance with Section 1013.12(2)(c), F.S., and the provisions of this rule chapter.

(2) All other authorized charter schools shall be inspected by the local fire official providing emergency services to the charter school in accordance with Section 1013.12(5)(b), F.S., and the provisions of this rule chapter.

(3) Inspections of charter schools shall be certified to the division using the same procedure as all other public schools and colleges in accordance with Rule 69A-58.004(6) F.A.C.

Rulemaking Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 663.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New_________.

 

69A-58.005 Serious Life Safety Hazards.

(1) No change.

(2)(a) 1. through 7. No change.

(b) Other conditions may be identified to the division by the board fire official or local fire official for designation as a serious life safety hazard, including but not limited to:

(b)1. through 3. No change.

(c) No change.

1. No change.

a. through c. No change.

2. Hazard of contents shall be determined by the board fire official or local fire official on the basis of the character of the contents and the processes or operations conducted in the building or structure. For the purposes of these rules, where different degrees or hazard of contents exists in different parts of a building or structure, the most hazardous shall govern the classification unless hazardous areas are separated or protected as specified in section 8.4 and the applicable sections of Chapters 11 through 42 of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C.; or

3. Upon a finding of a dangerous condition consistent with the criteria located in NFPA 1, section 3.3.39.1 3.3.32.1, the edition as adopted in Rule 69A-3.012, F.A.C., for extra high hazard occupancies, based on the total amount of Class A combustibles and Class B flammables present, in storage, production, use, finished product, or combination thereof, and when such material is over and above those expected in occupancies classed as ordinary (moderate) hazard. Those areas or occupancies could consist of woodworking, vehicle repair, cooking areas, product displays, and storage and manufacturing processes such as painting and coating, including flammable liquid handling. Also included is warehousing of or in-process storage of other than Class I and Class II commodities as defined by NFPA 13, Standard for the Installation of Sprinkler Systems, section 5.6.3 10:1-5.3, the edition as adopted in Rule 69A-3.012, F.A.C.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1), (8) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.005, Amended 11-26-06,_________.

 

69A-58.007 Counties, Municipalities, and Independent Special Fire Control Districts Having Firesafety Responsibilities, Without Firesafety Inspectors.

(1) Any county, municipality, or independent special fire control district having firesafety responsibilities which does not employ or has not contracted with a firesafety inspector certified under Section 633.081(1), F.S., to enforce the Florida Fire Prevention Code as required by Section 633.025(2), F.S., at the time of the adoption of this rule chapter is permitted to contact the division and request that the division perform the inspections required by the local fire official pursuant to Section 1013.12(3)(2), F.S., and this rule chapter and performed under Section 633.081(1), F.S.

(2) Upon receiving such request, the division shall perform the inspections required by this rule chapter during the period of time the county, municipality, or independent special fire control district is not in compliance with Section 633.081(1), F.S., and does not employ or is not under contract with a firesafety inspector certified under Section 633.081(1), F.S., not, however, to exceed one annual inspection per facility.

(3) Each such county, municipality, or independent special fire control district having firesafety enforcement responsibilities shall employ or contract with a firesafety inspector certified under Section 633.081(2), F.S., pursuant to the requirement of Section 633.081(1), F.S., to fulfill the obligation imposed by Section 633.025, F.S.

(4) No county, municipality, or independent special fire control district having firesafety enforcement responsibilities which employs or contracts with a firesafety inspector as of the effective date of Section 1013.12, F.S., is authorized to request that the State Fire Marshal perform the inspections referred to in this section, and the State Fire Marshal shall not perform any inspection for such county, municipality, or independent special fire control district having firesafety responsibilities.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 633.081, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.007, Amended 11-26-06,_________.

 

69A-58.0083 Protection from Hazards.

(1) through (5) No change.

(6) Residential Appliances Home Economics Instructional Spaces. Residential style ranges installed in home economics instructional spaces, classrooms, faculty lounges, and similar areas shall not be required to comply with the provisions for commercial cooking appliances under NFPA 96, provided all of the following requirements are met:

(6)(a) through (6)(c) No change.

(7) No change.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 11-26-06, Amended_________.

 

69A-58.0084 Seclusion Time-Out Rooms.

(1) through (7) No change.

(8) If during any firesafety inspection a secured seclusion time-out room is found in violation of this rule chapter, the board fire official or the local fire official shall immediately report the deficiency to the division in accordance with Section 1013.12(2)(d)(1)(c) or 1013.12(7)(5), F.S., and the secured seclusion time-out room shall be immediately withdrawn from use.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 11-26-06, Amended________.

 

69A-58.009 Florida Firesafety School Evaluation System.

(1) Any Florida school building which was initially occupied prior to January 1, 1985, is permitted to use the Florida Firesafety School Evaluation System originally dated September 19, 2000, and Amended June 28, 2001, which is located in Form DFS-K3-1546 DI4-1546, (Rev 10-02) and which is hereby adopted and incorporated by reference, in lieu of or as an alternative to the requirements of Rule 69A-58.008, F.A.C.

(2) The Florida Firesafety School Evaluation System, Form DFS-K3-1546 DI4-1546, may be obtained by writing to the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(3) No change.

(4) For buildings occupied after January 1, 1985, boards, board fire officials and local fire officials may use the equivalency provisions of Section 1.4 of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C.

Rulemaking Specific Authority 633.01(1), (7), 1013.12(1) FS. Law Implemented 633.01(7), 633.022, 633.025, 1013.12, 1013.371, 1013.38 FS. History–New 2-18-03, Formerly 4A-58.009, Amended 11-26-06,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Charles Frank, Bureau of Fire Prevention, Division of State Fire Marshal

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 10, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 21, 2011