633.025 Minimum firesafety standards. ---
(1) Each municipality, county, and special district with
firesafety responsibilities shall adopt minimum firesafety standards which
shall operate in conjunction with the state minimum building code adopted by
such local jurisdiction as required by s. 553.73. The minimum firesafety
standards shall not apply to buildings and structures subject to the uniform
firesafety standards under s. 633.022 and buildings and structures subject to
the minimum firesafety standards adopted pursuant to s. 394.879.
(2) Pursuant to subsection (1), each municipality, county, and
special district with firesafety responsibilities shall adopt and enforce the
codes specified in paragraph (a), paragraph (b), paragraph (c), or paragraph
(d) as the minimum firesafety code:
(a) The Standard Fire Prevention Code, 1985 edition or subsequent
edition, as adopted by the Southern Building Code Congress
International.
(b) The EPCOT Fire Prevention Code.
(c) The National Fire Protection Association (NFPA) Pamphlet 1, 1985
edition or subsequent edition.
(d) The South Florida Fire Prevention Code, subject to the provisions
of subsection (4).
(3) In addition, each municipality, county, and special district
with firesafety responsibilities shall adopt National Fire Protection
Association (NFPA) 101, Life Safety Code, 1985 edition or subsequent edition,
as part of the minimum firesafety code.
(4) It is the intent of the Legislature that a South Florida Fire
Prevention Code be promulgated as a further option to counties,
municipalities, and special districts with firesafety responsibilities as an
alternative to the firesafety codes specified in paragraphs (2)(a), (b), and
(c). In the event that an appropriate South Florida Fire Prevention Code is
submitted by the Broward County Board of Rules and Appeals or the Dade County
Board of Rules and Appeals to the Legislature by March 1, 1988, such code or
codes shall be deemed to be an alternative to the firesafety codes specified
in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless the Legislature
expressly prohibits the use of such code. Until July 1, 1988, Dade and
Broward Counties may use the firesafety standards within their current Fire
Prevention Code as an alternative. In the event Dade or Broward County fails
to adopt a South Florida Fire Prevention Code as of July 1, 1988, then such
county shall be subject to subsections (2), (3), and (6).
(5) Such codes shall be minimum codes and a municipality, county,
or special district with firesafety responsibilities may adopt more stringent
firesafety standards. Such county, municipality, or special district may
establish alternative requirements to those requirements which are required
under the minimum firesafety standards on a case-by-case basis, in order to
meet special situations arising from historic, geographic, or unusual
conditions, if the alternative requirements result in a level of protection to
life, safety, or property equal to or greater than the applicable minimum
firesafety standards. For the purpose of this subsection, the term
"historic" means that the building or structure is listed on the National
Register of Historic Places of the United States Department of the
Interior.
(6) The minimum firesafety standards that counties,
municipalities, and special districts are required to adopt pursuant to this
section shall be adopted by January 1, 1988. No municipality or county or
special district shall be required to amend an ordinance which presently
complies with this section. In the event that any such local governmental
entity fails to adopt minimum firesafety standards by January 1, 1988, the
minimum firesafety standards shall consist of the Standard Fire Prevention
Code, 1985 edition, and National Fire Protection Association (NFPA) 101, Life
Safety Code, 1985 edition.
(7) The new building or structure provisions enumerated within
the firesafety code adopted pursuant to this section shall apply only to
buildings or structures for which the building permit is issued on or after
January 1, 1988. Subject to the provisions of subsection (8), the existing
building or structure provisions enumerated within the firesafety code adopted
pursuant to this section shall apply to buildings or structures for which the
building permit was issued or the building or structure was constructed prior
to January 1, 1988.
(8) With regard to existing buildings, the Legislature recognizes
that it is not always practical to apply any or all of the provisions of the
minimum firesafety code and that physical limitations may require
disproportionate effort or expense with little increase in lifesafety. Prior
to applying the minimum firesafety code to an existing building, the local
fire official shall determine that a threat to lifesafety or property exists.
If a threat to lifesafety or property exists, the fire official shall apply
the applicable firesafety code for existing buildings to the extent practical
to assure a reasonable degree of lifesafety and safety of property or the fire
official shall fashion a reasonable alternative which affords an equivalent
degree of lifesafety and safety of property. The decision of the local fire
official may be appealed to the local administrative board described in s.
553.73.
(9) Nothing herein shall preclude a municipality, county, or
special district from requiring a structure to be maintained in accordance
with the applicable firesafety code.
(10) With respect to standards established by the National Fire
Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s.
19-3.4.2.1, those standards shall not apply to structures having direct access
to the outside from each living unit and having three stories or
less.
(11) With respect to standards established by the National Fire
Protection Association (NFPA) 101, Life Safety Code, 1985 edition, s.
19-3.4.4.1, battery operated smoke detectors shall be considered as an
approved detection device for buildings having direct access to the outside
from each living unit and having three stories or less.
History: s. 6, ch. 87-287; s. 1, ch. 88-362; s. 8, ch. 91-110; s. 2, ch. 91-189;
s. 8, ch. 95-379.