HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 6053 Doorstep Waste Containers
SPONSOR(S): Yarborough
TIED BILLS: IDEN./SIM. BILLS: SB 904
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee 15 Y, 2 N Brackett Anstead
2) Commerce Committee 23 Y, 0 N Brackett Hamon
SUMMARY ANALYSIS
Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as the
State Fire Marshal, and requires the State Fire Marshal to adopt the Florida Fire Prevention Code (Fire Code)
by rule every three years. The Fire Code sets forth fire safety standards (including certain national codes) for
property, and is enforced by local fire officials within each local government in the state. The Fire Code
provides that a person may not place combustible waste and refuse in a building’s means of egress, which
includes a building’s exit access corridors.
Currently, there are various providers offering doorstep waste collection services to apartment complexes
throughout the state. Residents in these complexes place waste outside their front door, and the provider picks
it up. An apartment complex resident’s front door usually opens to a hallway, corridor, or walkway, which may
be or lead to the building’s exit access.
During the 2018 Legislative Session, the Legislature temporarily allowed residents in apartment buildings to
place combustible waste and refuse in an exit access corridor if certain conditions were met. These statutory
changes were not adopted by the State Fire Marshal in the Fire Code. Current law allows waste containers to
be placed in an apartment building’s exit access corridors if:
 Waste, which is in a container, is not in an exit access corridor for a single period greater than 5 hours;
 Containers do not exceed 13 gallons for apartment buildings with enclosed corridors and interior or
exterior stairs, or exceed 27 gallons for apartment buildings with open air corridors and exterior stairs or
balconies with exterior exit stairs;
 Containers are not in an exit access corridor for a single period greater than 12 hours for apartment
buildings with enclosed corridors and interior or exterior stairs;
 Containers do not reduce the exit access corridor’s width below the width required by the Fire Code;
 Containers can stand upright on their own and do not leak fluids when standing upright; and
 The apartment’s management staff have written policies and procedures to ensure compliance with the
above conditions.
Apartment complexes were given a phase-in period to comply with these requirements, which ended on
December 31, 2020.
The provisions allowing the placement of waste and refuse containers in an exit access corridor expire on July
1, 2021.
The bill repeals the July 1, 2021 expiration date for the statutory provisions, thus allowing residents in
apartment complexes to continue placing waste outside their front door for pick up by waste collection
services, which may conflict with the Fire Code.
The bill is not expected to have a significant fiscal impact on state or local government.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida’s fire prevention and control law, ch. 633, F.S., designates the state’s Chief Financial Officer as the
State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the
Department of Financial Services (DFS), is charged with enforcing the provisions of ch. 633, F.S., and all
other applicable laws relating to fire safety, and has the responsibility to minimize the loss of life and
property in this state due to fire.1 Pursuant to this authority, the State Fire Marshal regulates, trains, and
certifies fire service personnel and fire safety inspectors; investigates the causes of fires; enforces arson
laws; regulates the installation of fire equipment; conducts fire safety inspections of state property; and
operates the Florida State Fire College.
Adoption and Interpretation of the Florida Fire Prevention Code
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which contains all
fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair,
and demolition of public and private buildings, structures, and facilities, and the enforcement of such fire
safety laws and rules, at ch. 69A-60, F.A.C.
The State Fire Marshal adopts a new edition of the Fire Code every three years.2 When adopting the Fire
Code the Fire Marshal is required to adopt the most current version of the national fire and life safety
standards set forth by the National Fire Protection Association (NFPA) including the:
 NFPA’s Fire Code (1);
 Life Safety Code (101); and
 Guide on Alternative Approaches to Life Safety (101A).3
The State Fire Marshal may modify the national fire safety and life safety standards as needed to
accommodate the specific needs of the state.4
The most recent Fire Code is the 7th edition, which is referred to as the 2020 Florida Fire Prevention Code.
The 7th edition of the Fire Code took effect on December 31, 2020.5
The State Marshal has authority to interpret the Code, and is the only authority that may issue a
declaratory statement relating to the Fire Code.6
Fire Safety Enforcement by Local Governments
State law requires all municipalities, counties, and special districts with fire safety responsibilities to enforce
the Fire Code as the minimum fire prevention code to operate uniformly among local governments and in
conjunction with the Florida Building Code.7 These local enforcing authorities may adopt more stringent fire
1
S. 633.104, F.S.
2
S. 633.202, F.S.
3
S. 633.202(2), F.S. Founded in 1896, the National Fire Protection Association delivers information and knowledge through more
than 300 consensus codes and standards, research, training, education, outreach and advocacy; and by partnering with others who
share an interest in furthering the mission. NFPA, About NFPA, http://www.nfpa.org/about-nfpa (last visited on Feb. 28, 2021).
4
Id.
5
Division of State Fire Marshal, Florida Fire Prevention Code (FFPC),
https://www.myfloridacfo.com/division/sfm/bfp/floridafirepreventioncodepage.htm (last visited Feb. 28, 2021).
6
S. 633.104(6), F.S.
7
Ss. 633.108 and 633.208, F.S.
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 safety standards, subject to certain requirements in s. 633.208, F.S., but may not enact fire safety
ordinances that conflict with ch. 633, F.S., or any other state law.8
The chiefs of local government fire service providers (or their designees) are authorized to enforce ch. 633,
F.S., and rules within their respective jurisdictions as agents of those jurisdictions, not agents of the State
Fire Marshal.9 Each county, municipality, and special district with fire safety enforcement responsibilities is
also required to employ or contract with a fire safety inspector (certified by the State Fire Marshal) to
conduct all fire safety inspections required by law.10
Section 633.208(5), F.S. states “With regard to existing buildings, the Legislature recognizes that it is not
always practical to apply any or all of the provisions of the Fire Code and that physical limitations may
require disproportionate effort or expense with little increase in fire or life safety.”
Pursuant to s. 633.208(5), F.S., local fire officials must apply the Fire Code for existing buildings to the
extent practical to ensure a reasonable degree of life safety and safety of property. The local fire officials
are also required to fashion reasonable alternatives that afford an equivalent degree of life safety and
safety of property.
Florida Building Code
The Florida Building Code (Building Code) is the statewide building code for all construction in the state.
The Florida Building Commission (Commission), housed within the Department of Business and
Professional Regulation (DBPR), implements the Building Code. The Commission reviews the International
Code Council’s I-Codes and the National Electric Code every three years to determine if it needs to update
the Building Code.11
Means of Egress
A means of egress is a path available for a person to leave a building. A means of egress is made up of
three parts, which includes the following:12
 Exit access;
 Exit; and
 Exit discharge.
The exit access is a path, such as a hallway or corridor, from any location in the building to an exit. The exit
is usually a door leading outside, or in a multi-story building, an enclosed stairway. The exit discharge is a
path from the exit to a space that is dedicated to public use such as a street or alley. 13
The Fire Code provides that a building’s means of egress must be a certain width determined by the
number of occupants in the building and the use of the building.14 The Fire Code further provides that a
building’s means of egress must be free of all obstructions or impediments in case of fire or other
emergency.15
8
Ss. 633.208 and 633.214(4), F.S.
9
S. 633.118, F.S.
10
S. 633.216(1), F.S.
11
S. 553.73(7)(a), F.S.
12
Section 3.3.182 of the 7th edition of the Florida Fire Prevention Code (NFPA 1, Fire Code).
13
Section 202 of the 7th edition of the Florida Building Code (Building); Richmond ICC, 2018 Annual Conference Education
Sessions, Session: 2018 IBC Essentials – Means of Egress & Fire Protection, https://www.iccsafe.org/wp-content/uploads/2018-IBC-
Essentials-%E2%80%93-Means-of-Egress-Fire-Protection.pdf (last visited Feb. 28, 2021).
14
See Section 7.3.4 of the 7th edition of the Florida Fire Prevention Code (NFPA 101, Life Safety Code).
15
Section 7.1.10.1 of the 7th edition of the Florida Fire Prevention Code (NFPA 101, Life Safety Code).
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 The Building Code also provides that a building’s means of egress must be a certain width determined by
the number of occupants in the building.16 The Building Code provides that the required width of a
building’s means of egress must be free of all obstructions and impediments.17
However, the Building Code provides that maintenance of a building’s means of egress must be in
accordance with the Fire Code.18 DBPR has interpreted this to mean that the Fire Code takes precedence
when it comes to people placing objects, such as a trashcan, in a building’s means of egress.19
Combustible Waste and Refuse
The Fire Code defines “combustible waste” as any combustible or loose waste material that is generated
by an establishment or process and, if salvageable, is retained for scrap or reprocessing on the premises
where generated or transported to a plant for processing.20
The Fire Code defines “combustible refuse” as a combustible or loose rubbish, litter, or waste materials
generated by an occupancy that are refused, rejected, or considered worthless and are disposed of by
incineration on the premises where generated or periodically transported from the premises.21
Combustible waste and refuse may be stored in an apartment building if the combustible waste and refuse
is:22
 Stored in a container less than 1.5 cubic yards (302 gallons) or in an enclosed area with a 1 hour
fire resistance rating and an automatic sprinkler system;
 Removed from the building once a day unless the waste and refuse is stored in a noncombustible
room; and
 Not stored in the building’s exit(s).
Private Doorstep Collection Providers
Currently, there are various providers offering doorstep refuse and recycling collection services to
apartment complexes throughout the state. The basic business model requires the residents of an
apartment building to place their waste outside of their doorstep, in a specified container approved by the
provider. The doorstep refuse and recycling collection providers then come by and collect the waste at a
specified time.23
An apartment complex resident’s front door opens to a hallway, corridor, or walkway, which is usually the
building’s exit access and therefore part of the building’s means of egress. According to DFS, apartments
that contract with the doorstep refuse and recycling collection providers are violating the Fire Code by
allowing residents to place combustible waste and refuse in their buildings’ means of egress.24
In 2016, the State Fire Marshal issued declaratory statements determining that apartments may not allow
residents to place waste containers outside their front doors regardless of the size of the container or if the
waste is removed daily. The State Fire Marshal determined that the Fire Code prohibits apartment
residents from placing any type of waste container outside their door because the residents are placing an
obstruction in a building’s means of egress and combustible waste in a building’s exit.25
16
Section 1005 of the 7th edition of the Florida Building Code (Building).
17
Section 1018.1, 1020.3, and 1024.2 of the 7th edition of the Florida Building Code (Building).
18
Section 1001.3 of the 6th edition of the Florida Building Code (Building).
19
Email from Vicky Summerhill, Office of Legislative Affairs, Department of Business and Professional Regulation, FW: Florida
Building Code questions (Mar. 4, 2021).
20
Section 3.3.63 of the 7th edition of the Florida Fire Prevention Code (NFPA 1, Fire Code).
21
Section 3.3.62 of the 7th edition of the Florida Fire Prevention Code (NFPA 1, Fire Code).
22
Section 10.18.4 and 19.2.1 of the 7th edition of the Florida Fire Prevention Code (NFPA 1, Fire Code).
23
Department of Financial Services, Agency Analysis of 2018 House Bill 529, p. 1 (Nov. 29, 2017).
24
Id.
25
See In the matter of: William Harrison, Fire Marshal Clermont Fire Department, Case No.: 188696-16-DS (Fla. DFS) (June 21,
2016); In the matter of: Steve Strong, Fire Marshal Clearwater Fire & Rescue, Case No.: 196979-16-DS (Fla. DFS) (Dec. 23, 2016).
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 During the 2018 Legislative Session, the Legislature temporarily allowed refuse and recycling containers to
be placed in exit access corridors in apartment buildings if the following conditions are met:26
 Waste, which is in a doorstep refuse and recycling collection container, is not placed in an exit
access corridor for a single period greater than 5 hours;
 Doorstep refuse and recycling containers do not exceed 13 gallons for apartment buildings with
enclosed corridors and interior or exterior stairs;
 Doorstep refuse and recycling collection containers do not exceed 27 gallons for apartment
buildings with open air corridors and exterior stairs or balconies with exterior exit stairs;
 Doorstep refuse and recycling collection containers are not in an exit access corridor for a single
period greater than 12 hours for apartment buildings with enclosed corridors and interior or exterior
stairs;
 Doorstep refuse and recycling collection containers do not reduce the exit access corridor’s width
below the width required by the Fire Code;
 Doorstep refuse and recycling collection containers are able to stand upright on their own and may
not leak fluids when standing upright; and
 The apartment’s management staff have written policies and procedures to ensure compliance with
the above conditions. Management staff must enforce the policies and must provide a copy of the
policies to the authority having jurisdiction upon request.
Apartment complexes were given a phase in period to comply with these requirements. Apartments had to
comply with the requirements by December 31, 2020. Local fire marshals were given authority to approve
alternative containers or storage arrangements that are equivalent to these requirements.27 However, these
requirements sunset on July 1, 2021. The purpose of the sunset date was to give the various providers
time to work with the State Fire Marshal to develop an amendment to the Fire Code, which is the State Fire
Marshal’s preferred method for amending the Fire Code.28
According to DFS, the State Fire Marshal adopted an amendment to the Fire Code, which took effect when
the 7th edition of the Fire Code became effective on December 31, 2020, intended to allow the various
doorstep refuse and recycling collection providers to keep operating.29 The amendment provides that waste
and refuse may be placed in exits, exit passageways, enclosures for stairs or ramps, corridors, elevator
lobbies, or egress balconies if:30
 Waste, which is in a doorstep refuse and recycling collection container, is not placed in an exit
access corridor for a single period greate