Fort Walton Beach Council agenda — 10-25-2006 ‎(special)‎ — reading text

g~ c' fwo~ I. 633- 10 CHAPTER 633, FLORIDA STATUTES 2003 633. 025 Minimum firesafety standards.- substantially affected party to test the amendment' s 1) The Florida Fire Prevention Code and the Life Safety compliance with the provisions of this section. Code adopted by the State Fire Marshal, which shall operate in 1. Unless the local government agrees to stay enforcement conjunction with the Florida Building Code, shall be deemed of the amendment, or other good cause is shown, the adopted by each municipality, county, and special district with challenging party shall be entitled to a hearing on the firesafety responsibilities. The minimum firesafety codes shall challenge within 45 days. not apply to buildings and structures subject to the unifonn 2. For purposes of such challenge, the burden of proof shall firesafety standards under s. 633. 022 and buildings and I be on the challenging party, but the amendment shall structures subject to the minimum firesafety standards adopted not be presumed to be valid or invalid. pursuant to s. 394. 879. 2) ~ urs~ an~ to s.ubsection ( I), each ~ u~!~ ipality, county, and ~ 0 This subsection gives local government the authority to establish firesafety codes that exceed the minimum firesafety specIal dIstrict wIth firesafety responsIbIlitIes shall enforce the t ~ codes and standards adopted by the State Fire Marshal. The FI~r.ida Fire Prevention Code .and the ~ ife Sa! ety Code as the ~ I Legislature intends that local government give proper public minImUm firesafety code reqUIred by thIS sectIon. ~ notice and hold public hearings before adopting more stringent 3) The most current edition of the National Fire Protection firesafety codes and standards. A substantially affected person Association (NFPA) 101, Life Safety Code, adopted by the may appeal, to the department, the local government' s State Fire Marshal, shall be deemed to be adopted by each" resolution of the challenge, and the department shall determine municipality, county, and special district with firesafety ~) if the amendment complies with this section. Actions of the responsibilities as part of the minimum firesafety code. ' department are subject to j~dicial review pursuant ~o s. 1~ 0.? 8. 4) Such codes shall be minimum codes and a municipality, J The department shall consIder reports of the Flonda Building Cornmi~sion, . p~ rsuant to part VII of chapter 553, when county, or special district with firesafety responsibilities may ~ adopt more stringent firesafety standards, subject to the ~ evaluating bulldmg code enforcement. requirements of this subsection. Such county, municipality, or ( 5) The new building or structure provisions enumerated special district may establish alternative requirements to those ~ within the firesafety code adopted pursuant to this section requirements which are required under the minimum firesafety ~ shall apply only to buildings or structures for which the standards on a case- by- case basis, in order to meet special j building pennit is issued on or after the effective date of this situations arising from historic, geographic, or unusual act. Subject to the provisions of subsection ( 6), the existing conditions, if the alternative requirements result in a level of building or structure provisions enumerated within the protection to life, safety, or property equal to or greater th~....... firesafety code adopted pursuant to this section shall apply to the applicable minimum firesafety standards. For the purpo:: ~ buildings or structures for which the building pennit was of this subsection, the tenn " historic" means that the building' ' issued or the building or structure was constructed prior to the or structure is listed on the National Register of Historic l^ effective date of this act. Places of the United States Department of the Interior. ;' J( 6) With regard to existing buildings, the Legislature a) The local governing body shall detennine, following a~. recognizes that it is not always practical to apply any or all of public hearing which has been advertised in a newspaper of the provisions of the minimum firesafety code and that general circulation at least 10 days before the hearing, if there '\ physical limitations may require disproportionate effort or is a need to strengthen the requirements of the minimum ~" i expense with little increase in lifesafety. Prior to applying the firesafety code adopted by such governing body. The '.( minimum firesafety code to an existing building, the local fire detennination must be based upon a review of local conditions official shall detennine that a threat to lifesafety or property by the local governing body, which review demonstrates that exists. If a threat to lifesafety or property exists, the fire local conditions justify more stringent requirements than those official shall apply the applicable firesafety code for existing specified in the minimum firesafety code for the protection of buildings to the extent practical to assure a reasonable degree life and property or justify requirements that meet special of lifesafety and safety of property or the fire official shall situations arising from historic, geographic, or unusual fashion a reasonable alternative which affords an equivalent conditions. degree oflifesafety and safety of property. The decision of the local fire o~ cia~ may be appealed to the local administrative b) Such additional requirements shall not be discriminatory as to materials, products, or construction of board descnbed In s. 553. 73. techniques demonstrated capabilities. ( 7) Nothing herein shall preclude a municipality, county, or c) Paragraphs ( a) and ( b) apply solely to the local enforcing special distri~t from req~ iring a structure to be maintained in accordance wIth the applicable firesafety code. agency' s adoption of requirements more stringent than those specified in the Florida Fire Prevention Code and the Life ( 8) Electrically operated single station smoke detectors Safety Code that have the effect of amending building required for residential buildings are not required to be construction standards. Upon request, the enforcing agency interconnected within individual living units in all buildings shall provide a person making application for a building having direct access to the outside from each living unit and pennit, or any state agency or board with construction- related having three stories or less. This subsection does not apply to regulation responsibilities, a listing of all such requirements any residential building required to have a manual or an and codes. automatic fire alarm system. d) A local government which adopts amendments to the ( 9) The provisions of the Life Safety Code shall not apply to minimum firesafety code must provide a procedure by which newly constructed one- family and two- family dwellings. lli,~ idi~ ofru~ :;:: 11: ~ w ~ HOf~- @~  CHAPTER 633, FLORIDA STATUTES 2003 633- 9 these buildings or structures, should be subject to firesafety modified in compliance with the more stringent standards reflecting these special needs as may be appropriate. sprinkler standards. 1) The department shaH establish uniform firesafety 3. The local authority has adopted, by ordinance, a plan standards that apply to: that requires buildings specified in paragraph ( b). to be a) All new, existing, and proposed state- owned and state- equipped with an automatic sprinkler system installed leased buildings. in compliance with the provisions prescribed in b) All standards as established by the National Fire Protection existing, and proposed hospitals, nursing new. homes, assisted Association and adopted by the State Fire Marshal. living facilities, adult family- care homes, correctional facilities, public schools, transient public lodging In the event there is a dispute between the owners of the establishments, public food service establishments. elevators, buildings specified in paragraph ( b) and a local authority mil1Tant lannr camnc; mohilE' homE' narkc; Jnnoina n" rv. a more reouirin!! ent uniform firesafetv <; strin!! tanc! arc! for special effects productions, and self-service gasoline stations, standards shall be con~idered final agency action. of which standards me State Fire Marshal is the [ mal 3) In establishing .the uniform firesafety standards and the administrative interpreting authority. minimum firesafety' standards, as required by s. 394. 879, the In the event there is a dispute between the owners of the department shall consider types of construction materials and buildings specified in paragraph ( b) and a local authority their flame spread and smoke