The purpose of the rule development proceedings is to implement the nursing home loan guarantee program as mandated by the legislature in Sections 633.022(4), 633.024 and 633.0245, F.S., by providing requirements and procedures for nursing homes to ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.: RULE TITLES:

69A-53.005 Purpose and Scope

69A-53.0051 Definitions

69A-53.0052 Fire Sprinkler Requirements for Nursing Homes

69A-53.0053 State Fire Marshal Nursing Home Loan Guarantee Program: Application Procedures

69A-53.0054 State Fire Marshal Nursing Home Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements

PURPOSE AND EFFECT: The purpose of the rule development proceedings is to implement the nursing home loan guarantee program as mandated by the legislature in Sections 633.022(4), 633.024 and 633.0245, F.S., by providing requirements and procedures for nursing homes to utilize the loan guarantee program.

SUBJECT AREA TO BE ADDRESSED: Sprinklers in nursing homes and loan guarantees for the same.

SPECIFIC AUTHORITY: 633.01(1) FS., 633.022(1) FS., 633.0245 FS.

LAW IMPLEMENTED: 633.022(4) FS., 633.024 FS., 633.0245 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, A WORKSHOP WILL NOT BE HELD):

DATE AND TIME: February 6, 2006, 9:00 a.m.

PLACE: Room 116, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300

Pursuant to the provisions of the Americans with Disabilities Act and Section 286.26, F.S., any person requiring special accommodations to participate in this program please advise the department at least 5 calendar days before the program by contacting: Millicent King, [phone], Fax [phone].

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Jim Goodloe, Chief, Bureau of Fire Prevention, 200 East Gaines street, Tallahassee, FL 32399-0342, [phone], Fax [phone], e-mail: [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

PART II, State Fire Marshal Nursing Home Loan Guarantee Program for Installation of Fire Protection Equipment.

 

69A-53.005 Purpose and Scope.

This part implements Sections 633.022(4), 633.024, and 633.0245, F.S. (2005), by providing procedures for owners of eligible nursing homes to participate in the State Fire Marshal Nursing Home Loan Guarantee Program, a limited state guarantee program intended to mobilize private funding for the installation of required fire sprinkler systems in unprotected, eligible nursing homes within Florida.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New ________.

 

69A-53.0051 Definitions.

(1) “Eligible Nursing Home” means a facility that provides nursing services as defined in chapter 464, is licensed under part II of Chapter 400, F.S., and is certified by the Agency for Health Care Administration to lack an installed fire protection system as defined in Section 633.021(8), F.S.

(2) “Hazardous area” means:

(a) Boiler and fuel fired heater rooms.

(b) Central and bulk laundries more than 100 square feet in area.

(c) Paint shops.

(d) Repair shops.

(e) Soiled linen rooms.

(f) Trash collection rooms.

(g) Storage rooms larger than 50 square feet in area and containing combustible supplies or equipment in quantities deemed hazardous by the authority having jurisdiction.

(h) Laboratories employing flammable or combustible materials.

(i) Other areas posing a higher degree of hazard than that normally associated with the occupancy as determined by the authority having jurisdiction.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New ________.

 

69A-53.0052 Fire Sprinkler Requirements for Nursing Homes.

(1) Section 633.022(4), F.S., mandates that the owner of each eligible nursing home provide protection by the installation of a fire sprinkler system throughout the entire facility in accordance with Chapter Nine (9) of the Florida Edition of NFPA 101, the Life Safety Code, 2003 edition, adopted in Rule 69A-3.012, F.A.C., pursuant to the following schedule:

(a) Each hazardous area of an eligible nursing home shall be protected by an approved fire sprinkler system by no later than December 31, 2008.

(b) Each eligible nursing home, in its entirety, shall be protected by an approved fire sprinkler system by no later than December 31, 2010.

(2) The State Fire Marshal shall, within thirty days of the effective date of this rule, provide written notice to the owner of each eligible nursing home of the requirement for the installation of fire sprinklers pursuant to the schedule provided above. The notice shall include:

(a) The fire sprinkler requirements and the schedule for compliance as listed in this section.

(b) An application for approval of the system and for funding through the State Fire Marshal Nursing Home Loan Guarantee Program.

(3) The Division may grant a maximum of two one-year extensions to the final date of compliance with paragraphs (1)(a) and (b) above, for the hazardous area portion of the retrofitting project, only after establishing that the nursing home has been prevented from complying for reasons beyond its control. Such reasons may include:

(a) A last-minute, unexpected loss of funding for all or a portion of the project that is unrelated to an action by, or the financial standing of, the nursing home.

(b) Unexpected structural issues with the planned retrofitting of the nursing home that have resulted in a need for additional labor, equipment, planning or funding.

(c) Any other reason the owner can establish that are:

1. Unrelated to either delay or inattention on the part of the owner, and

2. Of sufficient import or magnitude that the project cannot feasibly be completed by the applicable deadline.

(4) A request for extension under subsection (3) must:

(a) Be received by the Division prior to the expiration of the deadline in question,

(b) Be accompanied by sufficient information and data to clearly establish the factual basis for the request, and

(c) Also establish the owner’s ability to complete the project by the end of the extension period.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New ________.

 

69A-53.0053 State Fire Marshal Nursing Home Loan Guarantee Program: Application Procedures.

(1) An owner of an eligible nursing home who wishes to participate in the State Fire Marshal Nursing Home Loan Guarantee Program must make application on Form DFS-K3-1659 which is hereby adopted and incorporated herein, and which may be obtained by contacting the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The application must be accompanied by the conceptual design documentation for the proposed fire sprinkler system as prepared by or on behalf of a person certified under Section 633.521, F.S.

(2)(a) Upon submission of an application for funding through the Loan Guarantee Program, the State Fire Marshal shall evaluate the proposed fire protection system and determine whether it complies with all applicable fire safety code provisions.

(b) All properly completed applications, which must include acceptable documentation for the conceptual design, for participation in the Nursing Home Loan Guarantee Program must be received by the State Fire Marshal on or before June 30, 2006.

(3) If the proposed fire protection system does not comply with the applicable fire safety code provisions, the Division of State Fire Marshal shall notify the owner in writing of each area of deficiency and the specific code provision governing the deficiency, and shall take no further action until each deficiency has been corrected.

(4) Upon receipt of an application that meets the requirements of this rule chapter and provides for the construction of a fire protection system that complies with the applicable fire safety code provisions, the State Fire Marshal shall issue a conditional approval of the application and shall provide the complete application and conditional approval to the Division of Treasury, which shall proceed in accordance with the provisions of subsections (7) and (8) of Section 633.0245, F.S., as more fully set forth in Rule 69A-53.0054, F.A.C.

(5) If the loan application is approved for funding, the nursing home owner shall provide the State Fire Marshal with a final set of sealed construction plans for the project, which must be approved by the State Fire Marshal prior to initiation of construction. Installation will then be permitted to commence, so long as all applicable building permits for the project have been issued.

(6) During construction of the fire protection system, the State Fire Marshal shall conduct as many on-site inspections as deemed necessary to ensure that the installation of the required fire sprinkler system is in accordance with the approved plans. All required inspections of the installation must be performed by the State Fire Marshal or by an authorized local fire official. Final approval will be granted only when the system has been installed in accordance with Chapter 69A-46, F.A.C.

(7) The installing contractor shall coordinate all required operational testing with the State Fire Marshal.

(8) The State Fire Marshal shall witness a final operational test of the complete fire sprinkler system prior to issuing final approval.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New ________.

 

69A-53.0054 State Fire Marshal Nursing Home Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements.

(1) Upon receipt of a conditionally approved application from the State Fire Marshal, the Division of Treasury will present the application to a lender under contract with the Department of Financial Services to provide loans under the State Fire Marshal Nursing Home Loan Guarantee Program. Approval of an individual loan with an individual nursing home owner is at the discretion of the individual lender.

(2) Upon final approval of the loan by the lender and of the fire protection system by the State Fire Marshal, a limited loan guarantee document will be presented to the lender. The State’s limited loan guarantee will provide for a guarantee of no more than 50 percent of the principal sum loaned by the financial institution. The guarantee will not cover late fees, accelerated interest, or other charges assessed as a result of the default of the nursing home owner.

(3) As some installations may be complex and lengthy, a draw program may be required. In such a case, a draw schedule and retainage requirement will be established by the lender.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New ________.