Update the firesafety codes and standards for educational facilities after experience in administering the rules currently in existence and after extensive and continued consultation with the Department of Education and representatives from various ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.: RULE TITLES:

69A-58.001 Administration

69A-58.002 Scope: Existing Facilities

69A-58.003 Definitions

69A-58.004 Firesafety Inspections

69A-58.005 Serious Life Safety Hazards

69A-58.006 Inspections in General

69A-58.007 Counties, Municipalities, and Special Districts Having Firesafety Responsibilities, Without Firesafety Inspectors

69A-58.008 Standards and Requirements for Buildings

69A-58.009 Florida Firesafety School Evaluation System

69A-58.010 Other Applicable Codes and Standards

69A-58.0031 New Construction

69A-58.0081 Means of Egress

69A-58.0082 Relocatable Buildings

69A-58.0083 Protection from Hazards

69A-58.0084 Seclusion Time Out Rooms

PURPOSE AND EFFECT: Update the firesafety codes and standards for educational facilities after experience in administering the rules currently in existence and after extensive and continued consultation with the Department of Education and representatives from various school boards. In addition, these rulemaking proceedings substantially rewrite Rule 69A-58.008, F.A.C., providing for codes and standards applicable to educational facilities, and also include new Rules 69A-58.0081 through 69A-58.0084, F.A.C., to provide better organization and more clarity to the rule subjects. The effect of the rule development proceedings will be to adopt changes which will result in the administration of Sections 633.01(7), 633.022, and 1013.12, F.S., relating to educational facilities, in a more efficient and economic manner.

SUMMARY: These rule provide updated codes and standards for firesafety in educational facilities.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Regulatory Costs was prepared.

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.

SPECIFIC AUTHORITY: 633.01(7) FS., 633.022 FS., 1013.12 FS.

LAW IMPLEMENTED: 633.01(7) FS., 633.022 FS., 1013.12 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):

DATE AND TIME: February 27, 2006, 9:00 a.m.

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

TIME AND DATE: 9:00 a.m., March 1, 2006

PLACE: Department of Environmental Protections, 2nd Floor Conference Room, 400 N. Congress Avenue, West Palm Beach, FL 33401

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 RULES IS: Jim Goodloe, Chief, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, FL 32399-0342, [phone], Fax [phone], e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

UNIFORM FIRESAFETY STANDARDS FOR IN EDUCATIONAL FACILITIES

 

69A-58.001 Administration and General Requirements.

The Division of State Fire Marshal division in consultation with the Department of Education hereby adopts firesafety rules for the use by 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.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.001, Amended ________.

 

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 school board or a community college board of trustees trustees' jurisdiction.

(2) Nothing in this rule chapter is intended to be more restrictive than a similar requirement for new construction.

(2)(3) This rule chapter includes procedures for withdrawal of sites and facilities from use until unsafe conditions are corrected.

(3)(4) Section 1002.33(1), F.S., states, “All charter schools in Florida are public schools.” Charter schools shall utilize facilities that comply with the firesafety provisions specified within its charter, or if the charter does not address specific firesafety provisions, the charter school shall utilize facilities that comply with the Florida Fire Prevention Code, the edition as adopted in Rule Chapter 69A-60, F.A.C., pursuant to Section 1002.33(18), F.S.

(a) All charter schools are subject to the inspection requirements of Rule 69A-58.004, F.A.C.

(b) Each board shall conduct or cause to be conducted each inspection required by paragraph 69A-58.004(1)(a), F.A.C., and the reporting requirements of paragraph 69A-58.004(6)(a), F.A.C. These rules apply to charter schools built on school district property and to charter schools electing to be constructed to State Requirements for Educational Facilities, or Florida Building Code, Section 423 Standards. Charter schools that are not located on school district property and elect not to be constructed under State Requirements for Educational Facilities, or Florida Building Code, Section 423 Standards, shall meet the firesafety standards set forth in NFPA 1 and NFPA 101, the editions as adopted in Rule 69A-3.012, F.A.C.

(4)(5) Existing educational and ancillary facilities shall comply with the applicable provisions of NFPA 1 and NFPA 101, the Florida editions edition adopted in Rule Chapter 69A-60 69A-3.012, F.A.C., except as modified by Chapter 1013, F.S., and this rule chapter.

EXCEPTION: NFPA 101, horizontal exits, which are referred to in subdivision 15-2.2.5, “and exit passageways, which are referred to in subdivision 15-2.2.7,” are not permitted.

(5)(6) Any time NFPA 1 or NFPA 101 refers to any other NFPA standard that has not been adopted by the Division of State Fire Marshal in this rule chapter, the referenced standard shall be the edition adopted in Rule Chapter 69A-60 69A-3.012, F.A.C.

(6) Community colleges shall comply with the applicable chapters of NFPA 1 and NFPA 101, the Florida editions adopted in Rule Chapter 69A-60, F.A.C., in accordance with the following: These rules do not apply to any state-owned building.

(a) Instructional buildings, classrooms with a capacity of fewer than 50 persons, and instructional laboratories are classified as a business occupancy.

(b) Classrooms with a capacity of 50 persons or more are classified as an assembly occupancy.

(c) Non-instructional laboratories are classified as an industrial occupancy.

(7) Nothing contained in these rules prohibits a county, municipality, or special district having firesafety responsibility and a school board or community college 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 on the requirement or interpretation of any provision of this rule chapter or Rule Chapter 69A-60, F.A.C., the Florida Fire Prevention Code, the conflict shall be resolved by agreement between the local fire official and the board in favor of the requirement or interpretation of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction.

(9) If the local fire official and the board 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 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 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.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.002, Amended ________.

 

69A-58.003 Definitions.

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

(1) No change.

(2) “Authority having jurisdiction” means the county, municipality, or special district having firesafety responsibility or, where the context requires, the State Fire Marshal.

(2)(3) “Auxiliary facility” means the spaces located at educational plants which are not designed for student occupant stations.

(3) “Board” means the school district or community college 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 buildings, structure, or facilities.

(4) No change.

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

(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.

(7) No change.

(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 occupied for one year or longer.

(9) No change.

(10) “Florida Fire Prevention Code” means the Florida Fire Prevention Code as adopted in Rule Chapter 69A-60 69A-3.012, F.A.C.

(11) “Local fire official” or “fire official” means the county, municipality or special 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(2)(b), means a firesafety inspector certified under Section 633.081(2), F.S., and employed by or under contract with a county, municipality, or special district having firesafety responsibilities, and includes the chiefs of county, municipal, and special district fire departments. The term does not include a special state firesafety inspector employed by the board certified to conduct inspections of buildings as defined herein under Section 633.081(3), F.S.

(12) “New” facility means a facility that has not been occupied nor issued a certificate of occupancy prior to the effective date of this edition of this rule chapter for more than one year.

(13) “NFPA 1” means the National Fire Protection Code 1, entitled the “Uniform Fire Code,” the Florida edition as adopted in Rule Chapter 69A-60, F.A.C.

(14)(13) “NFPA 101” means the National Fire Protection Association Code 101, entitled the “Life Safety Code,” the Florida edition as adopted in Rule Chapter 69A-60 69A-3.012, F.A.C.

(15)(14) “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.

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

(17)(15) 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., control.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.003, Amended ________.

 

69A-58.0031 New Construction.

(1) New construction and new buildings are subject to and controlled by the Florida edition of NFPA 1, 2003 edition, in Chapter 20, relating to “Educational occupancies” and the Florida edition of NFPA 101, 2003 edition, Chapter 14, “New educational occupancies,” 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 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 Chapter 1013.38(2), F.S., or

2. The board 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) The method of compliance must be documented and maintained as part of the construction records file.

(c) Upon request by the local fire official, the board shall provide reasonable access to all construction documents and provide in writing to the local fire official the method(s) employed to achieve compliance with the Florida Fire Prevention Code.

(d) The board shall provide to the fire fighting authority charged with responding to calls at the subject educational facility a copy of the site plan for each educational plant in which site conditions will be affected. Such local fire fighting authority shall review the site plans for compliance with Chapter 18 of the Florida Edition of NFPA 1, “Fire Department Access and Water Supply,” and this rule chapter. The local fire fighting authority shall review and provide approval or comments to the board within 15 days of receipt. If the local fire fighting authority fails to provide approval or comments to the board within 15 days of receipt, the site plan shall be deemed compliant.

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

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

Specific Authority 633.01(7), 633.022, 1013.12 FS. Law Implemented 633.01(7), 633.022, 1013.12 FS. History–New ________.

 

69A-58.004 Firesafety Inspections.

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

(a) Pursuant to Section 1013.12(1)(b), F.S., a firesafety inspection inspections of each building of each educational plant and each ancillary plant shall be made annually by the board a person certified by the division to conduct firesafety inspections of educational and ancillary plants pursuant to Section 633.081(3), F.S., which may be an employee of the board.

(b) Pursuant to Section 1013.12(2)(b), F.S., a firesafety inspection of each building of each educational plant and each ancillary plant shall be made by annually by the local fire official each county, municipality, or special district having firesafety responsibilities shall, by and through a local firesafety inspector certified pursuant to Section 633.081(2), F.S., conduct at least one firesafety inspection of each building of each educational plant and each ancillary plant, whether owned or leased, each calendar year to determine compliance with this rule chapter.

(2) The inspections in subsection (1), paragraphs (a) and (b):

(a) through (b) No change.

(c) Shall be performed in accordance with any applicable firesafety code or standard, such as NFPA 101, the edition as adopted in Rule Chapter 69A-60 69A-3.012, F.A.C., or any other applicable code or standard which has been adopted in this rule chapter; and

(d) Are permitted and encouraged to be conducted jointly by the board 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. Are not applicable to new construction or new buildings. New construction and new buildings are subject to and controlled by Section 1013.38, F.S.

(3) through (5)(a) No change.

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

(c) 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 local fire official a special firesafety inspector or a municipal firesafety inspector;

(h) The date of the inspection;

(i) A report of each Each violation or deficiency noted during the inspection. Each violation or deficiency report shall contain:

1. The building name or number and, if applicable, the FISH room number of the room building in which the violation was noted;

2. A description of the violation or deficiency and the specific code citation for the violation or deficiency;

3. through 7. No change.

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

9. A statement that the county, municipality, or special district having firesafety responsibilities local authority having jurisdiction has or has not complied with Section 1013.12(2)(c), F.S., as applicable;

10. No change.

11. The signature of the firesafety district inspector or inspectors conducting the inspection if the inspection was made by the special inspector, or the signature of the local fire official if the inspection was made by the local fire official. if the inspection was made by both the special firesafety inspector and the local fire official, each one must sign.

(6) When the violation or deficiency has been corrected, the board sending the report required by paragraph (i) shall notify the division of such correction.

(6)(7) The inspection reports required by in subsection (1) together with the plan and schedule for correction of any deficiency shall be submitted to the division by June 30, of each year.

(a) The board shall 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 the “School Inspection Reporting System” database schedule which is adopted herein by reference (Schedule A) and retain the original.

(b) The local fire official shall 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 the “School Inspection Reporting System” database schedule which is adopted herein by reference (Schedule A) and retain the original.

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

(d) The board shall maintain with each yearly inspection report a list of corrected deficiencies from the prior fiscal year report.

(7) Any firesafety inspector authorized by a unit of government who is certified in accordance with Section 633.081(2) or Section 633.081(3), F.S., may enter the “School Inspection Reporting System” via the internet at www.fldfs.com/sfm.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.004, Amended ________.

 

69A-58.005 Serious Life Safety Hazards.

(1) Serious life safety hazards as set forth in Section 1013.12, F.S., and in paragraph (b), below, require prompt corrective action by the board or withdrawal of the educational or ancillary plants or affected portions thereof from use until corrected.

(2)(a) Serious life safety hazards include:

1. A non-functional Non-functional fire alarm system. systems; A non-functional fire alarm system is one impaired to the extent that any initiating device or any notification appliance is incapable of functioning as it was designed.

2. A non-functional Non-functional fire sprinkler system; A non-functional fire sprinkler system occurs any time any sprinkler head component is incapable of automatic activation within the protected space or when any system component lacks an adequate water supply.

3. A door Doors with a padlock padlocks or other lock locks or device devices which precludes preclude egress at any time;

4. An inadequate exit Inadequate exits;

5. A hazardous electrical system condition conditions;

6. through 7. No change.

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

1. The placement Placement of a functional smoke and heat detector detectors in a manner not consistent with NFPA 72, the edition as adopted in Rule 69A-60.005 69A-3.012, F.A.C.;

2. An inaccessible Inaccessible or expired fire extinguisher extinguishers; and

3. A door required to be self-closing Fire doors with a doorstop, wedge, or other device or object doorstops or wedges holding it them open.

(c) No change.

1. Those conditions located in subdivision Section 6.2, NFPA 101, the Florida edition as adopted in Rule 69A-60.004 69A-3.012, F.A.C., to wit:

a. The relative danger of to the start and spread of fire,

b. No change.

c. The danger of explosion or other occurrence potentially endangering the life lives and safety of any occupant the occupants of the building or structure.

2. Hazard of contents shall be determined by the board or local fire official authority having jurisdiction 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 exist 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 subdivision Section 8.4 and the applicable subdivisions sections of Chapters 11 through 42 of NFPA 101, the edition as adopted in Rule 69A-60.004 69A-3.012, F.A.C.; or

3.2. The criteria located in NFPA 1 of, the Florida Fire Prevention Code, subdivision Section 2-28.1, the edition as adopted in Rule 69A-60.003 69A-3.012, F.A.C., for hazardous occupancies, to wit, the total amount of Class A combustibles and Class B flammables present, in storage, production, use, finished product, or combination thereof, is over and above those expected in occupancies classed as ordinary (moderate) hazard. Those 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, subdivision Section 10:1-5.3, the edition as adopted in Rule 69A-60.003 69A-3.012, F.A.C.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.005, Amended ________.

 

69A-58.006 Vacant and Abandoned Buildings Inspections in General.

(1) Each building inspected shall be accounted for on the inspection report.

(2) The board shall forward one copy of the completed inspection report to the division and retain one copy for its files.

(3) The board shall maintain with each yearly inspection report a list of corrected deficiencies from the prior fiscal year report.

(4) Remodeling and Renovation shall be performed in accordance with the requirements of the Florida Building Code Section 423.

(1)(5) Returning Buildings to Use. Any existing building which has been removed from instructional use for more than 180 days shall be inspected for deficiencies, and remodeled, renovated, or have its deficiencies corrected in accordance with the new construction requirements of the Florida Building Code before returning it to instructional purposes.

(2)(6) Abandoned Buildings. Board buildings no longer in use and abandoned shall be free of combustible waste and secured in such a manner as to prevent safety hazards and unauthorized or, unlawful entry, and undue vandalism from occurring.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.006, Amended ________.

 

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

(1) Any county, municipality, or special 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 may contact the division and request that the division perform the inspections required by the local fire official pursuant to Section 1013.12(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 special 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 special district having firesafety enforcement responsibilities shall, if practicable, employ or contract with a firesafety inspector certified under Section 633.081(2)(1), F.S., pursuant to the requirement of Section 633.081(1), F.S., to fulfill the obligation imposed by Section 633.024(2), F.S. within one year after the county, municipality, or special district first contacted the division requesting the division to perform the inspection.

(4) No change.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.007, Amended ________.

 

(Substantial rewording of Rule 69A-58.008 follows. See Florida Administrative Code for present text.)

69A-58.008 Standards and Requirements for Existing Buildings Building; Exceptions to Rule Chapter 69A-60, Florida Administrative Code, the Florida Fire Prevention Code.

(1) General Safety Requirements for all Buildings in all Facilities or Plants.

(2) Except as set forth in Section 1013.12, F.S., and this rule chapter, educational facilities are subject to Rule Chapter 69A-60, Florida Administrative Code, the Florida Fire Prevention Code.

(3) The standards and requirements in this rule chapter pertain to educational facilities and are exceptions to Rule Chapter 69A-60, Florida Administrative Code. In the event of a conflict between this rule and Rule Chapter 69A-60, Florida Administrative Code, and notwithstanding paragraph 69A-60.002(3)(d), F.A.C., relating to this rule chapter, the provisions of this rule chapter control the standards and requirements for educational facilities.

(4) Fire department access roads. Paved fire department access roads shall not completely encircle an educational plant or portions thereof.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.008, Amended ________.

 

69A-58.0081 Means of Egress.

(1) Doors.

(a) All doors in fire rated or smoke proof corridors shall be self-closing doors.

(b) Opposite swinging smoke stop doors in smoke partitions within the corridor shall meet the smoke compartment separation requirements.

(c) Darkroom doors.

1. In darkrooms with a capacity of 10 or more persons, a revolving darkroom door, if used, shall:

a. Have a pop-out safety feature; and

b. Be equipped with a remotely located side-hinged door for secondary egress.

2. In darkrooms with a capacity of fewer than 10 people, a revolving darkroom door with a pop-out safety feature is permitted to be used as the primary means of egress.

3. Revolving darkroom doors with a pop-out safety feature shall be conspicuously labeled.

4. In buildings designed on or after October 18, 1994, the requirements of this section apply to darkrooms with an occupancy of 6 or more.

(d) Exit doors shall swing in the direction of exit travel.

(e) All egress doors and gates, regardless of use or location serving spaces designed to be occupied by 6 or more students, shall swing in the direction of exit travel.

(2) Existing smoke stop doors shall be 1 3/4 inch solid core wood, or equivalent.

(a) Smoke stop doors may be used to:

1. Create a secondary means of egress from interior instructional spaces; or

2. Divide corridors into segments not to exceed 300 feet in aggregate length.

(b) View panels of clear fire-rated glazing (including existing wire glass) mounted in steel frames shall be permitted in smoke stop doors.

(c) When a pair of smoke stop doors is located within a corridor, each leaf shall be designed to swing in a direction opposite from the other and each leaf in the pair of doors shall swing in a right-hand direction.

(d) Door stops shall be provided at the head and sides of smoke stop door frames.

(e) Smoke stop door frames shall be free of center mullions.

(f) Smoke stop doors shall be free of locking devices and may be held in the open position only in accordance with section 7.2.1.8 of NFPA 101.

(3) Special Function Doors.

(a) Special function doors such as revolving doors, power operated doors, or horizontal sliding doors shall not be used as a means of egress.

(b) Revolving doors shall have a side-hinged exit door within 10 feet and within the same wall.

(c) Turnstiles shall be placed to allow free access through a means of egress or have an emergency break-away feature or other similar type feature.

(4) Folding Doors and Folding Partitions. Where permanently mounted folding or movable partitions are used to divide a room into smaller spaces capable of being occupied by 6 or more persons a separate exit from each space or a permanent full height 5 foot wide opening between the spaces shall be provided. This requirement applies to spaces occupied by 10 or more persons in buildings occupied prior to October 18, 1994.

(5) Gates used to secure buildings or used for egress shall be side-hinged and shall allow egress at all times without assistance from the side from which egress is to be made.

(6) Screen and storm doors on exits shall be hinged on the same side as the exit door and swing in the direction of exit travel.

(7) Doors and gates shall be equipped with hardware which allows egress at all times.

(8) All fire-rated doors and solid core doors in partitions rated at 1/2 hour or more, or installed in smoketight partitions, shall be self-closing.

(9) Emergency Rescue (Escape) Openings (Secondary Means of Egress).

(a) In existing non-sprinklered buildings, every instructional space, and other spaces normally subject to student occupancy of 10 or more, shall have at least one (1) window, panel, or door leading to the exterior or to a separate atmosphere.

(b) For buildings designed after October 18, 1994, the emergency rescue (escape) opening shall be provided in rooms over 250 square feet used for classroom or other educational purposes or normally subject to student occupancy of 6 or more.

(c) Windows and panels shall be operable from the inside by a single operation and without the use of tools.

(d) A security screen or grill installed on a window or panel shall be operable from the inside by the same single operation as the window or panel and without the use of tools. The release device shall be readily identifiable and accessible.

(10) Interior instructional spaces shall be provided with side-hinged or double acting communicating doors providing secondary means of egress and emergency rescue (escape). The door shall provide direct access to:

(a) A separated exit corridor;

(b) A separate atmosphere;

(c) At least one enclosed exit stair; or

(d) Another classroom which has a minimum of two doors that open to separate atmospheres.

(11) Specialties and Signage.

(a) Emergency rescue openings shall be marked with a sign that reads: “EMERGENCY RESCUE – KEEP AREA CLEAR”.

(b) Secondary means of egress and emergency escape openings shall be marked with a sign that reads: “EMERGENCY ESCAPE” or “EMERGENCY EGRESS – KEEP AREA CLEAR”.

(c) Where manual pull stations are located inside student-occupied spaces, a permanently affixed sign reading “FIRE ALARM PULL STATION INSIDE” shall be placed outside that space and adjacent to the door. The door to the occupied space shall be unlocked at all times the facility is occupied.

(d) A graphic diagram of primary and secondary evacuation routes shall be posted adjacent to the primary exit door from each student-occupied space. The diagram shall clearly indicate, by contrasting color and number, the primary and secondary route of evacuation.

Exception: When an exit door from a self-contained classroom opens directly to the exterior.

(12) Open Plan Schools.

(a) Each space designed to be occupied by 50 persons or more shall have 2 or more means of egress.

(b) Open plan assembly areas shall have exits leading directly to the exterior and shall be separated from other required exits of the open plan.

(13) Maximum travel distances.

(a) Exits shall be maintained so that the maximum length of travel from any point in the building or space (including places of assembly) to an exit shall not exceed 150 feet.

(b) In a building equipped with a fully automatic fire sprinkler system, the travel distance to an exit may be increased to 200 feet.

(c) Open mezzanines shall be permitted to exit to the exterior from within the space below.

(14) Corridors and hallways.

(a) Corridors shall be arranged so that each end leads to an exit and shall be without pockets or dead ends more than 20 feet in length.

(b) Hallway widths in office and service areas shall be a minimum of 44 inches in width.

(c) Interior corridors, including contiguous dead-end cross corridors, shall be divided by smoke stop doors in sections not to exceed 300 feet in length.

(d) Child Care. Areas designated for children's sleeping mats, cots, or cribs shall include a clearly marked exit passageway.

(15) Interior Stairs, Exterior Stairs, and Smoke-Proof Towers.

(a) The minimum clear width of stairways serving as a required means of egress for student occupied areas shall be 44 inches.

(b) All interior stairways shall open directly to the exterior, into a protected vestibule or into a protected corridor that opens to the exterior.

(c) The areas above or below exit stairs and ramps, whether interior or exterior, shall not be used as a closet for storage of any kind, or for any other purpose.

(d) Interior corridors or stairwells shall be free of piping systems designed for flammable liquids or gases.

(16) Kilns.

(a) Kiln rooms and areas shall be provided with adequate exhaust to dispel emitted heat to the exterior.

(b) Kilns shall be located away from paths of egress or exits.

(c) Kilns shall be located in separate rooms when serving students through grade three.

(d) Kiln rooms shall be provided with automatic heat or smoke detection devices appropriate for the environment.

(17) Boiler Rooms.

(a) Boilers shall comply with Chapter 554, F.S., and Rule Chapter 69A-51, F.A.C. A valid boiler inspection certificate of compliance issued by the State Fire Marshal shall be displayed and clearly visible.

(b) All Boiler rooms housing equipment with an input capacity of 60,000 BTU's per hour or more and that is intended to supply hot water or steam shall be equipped with heat detectors connected to any required fire alarm system.

1. Each boiler room door shall open directly to the outside and, if opening toward a building or path of egress, shall have opening protection in accordance with Section 8.3.4 of NFPA 101.

2. If an additional door serving a boiler room opens into the interior of the building, the door shall swing into the boiler room and have opening protection in accordance with Section 8.3.4 of NFPA 101.

(18) Shade Houses or Green Houses.

(a) A minimum of two remotely located side hinged doors that swing in the direction of egress shall be provided from each shade or green house.

(b) Fire alarm pull stations shall be located within 200 feet of any shade or greenhouse.

(c) Fire alarm horns shall be audible inside the shade or greenhouse.

(19) Stages and Platforms.

(a) Stages, and platforms, including props and equipment, shall conform to the specific requirements of this section.

(b) All curtains and flies on stages shall have attached labels verifying their flame resistance or equivalent documentation as approved by the AHJ.

(c) All scenery and stage props shall be free of any foam plastics.

(d) All steps leading to a stage shall have a minimum of 1 handrail.

(20) Electrical: Emergency lighting shall be provided in all student-occupied areas and group toilets.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New ________.

 

69A-58.0082 Relocatable Buildings.

(1) Relocatable buildings: Relocatable buildings sited after March 1, 2002 shall be separated as required by the Florida Building Code.

(a) Relocatable buildings shall be located to allow access by emergency vehicles to at least one elevation of each building as approved by the local fire fighting authority that services the site in accordance with Chapter 18 of NFPA 1.

(b) Relocatable buildings sited within a cluster in accordance with this section are permitted to achieve emergency vehicle access by providing vehicular access to within 200 feet of the entrance of the most remote relocatable unit and shall be either provided with an independent fire alarm system with a manual pull station within 100 feet of each egress door or provided with a fire alarm system tied to the main school facility. In addition, all of the following shall be met:

1. Maximum conditioned gross area of the units in a cluster is 12,000 square feet,

2. Minimum separation between individual units is 20 feet,

3. Nearest permanent building or cluster is 60 feet,

4. Maximum of 20% unprotected opening between adjacent wall spaces,

5. Minimum overhead open space within the perimeter of the cluster is 50 percent, and

6. Minimum setback for Type I, II or IV (non-combustible) relocatable buildings shall be 25 feet or less if permitted by local zoning requirements.

(2) Egress doors in relocatable buildings shall be provided as follows:

(a) Classroom units of Type III or Type V (combustible) construction shall have 2 remotely located doors opening directly to the outside.

(b) Multi-classroom units of Type I, II or IV (non-combustible) construction shall have a primary exit door opening directly to the exterior or if served by interior corridors, shall have a primary exit door and an emergency rescue opening in each space designed to be occupied by 6 or more students.

1. This requirement applies to spaces occupied by 10 or more persons for buildings designed prior to October 18, 1994.

2. An emergency rescue opening is not required when a door opens directly to the outside.

(3) Fire Alarm Systems.

(a) In Type III and Type V (combustible) construction, heat or smoke detectors connected to the building's fire alarms system shall be installed in every classroom, unsupervised space, storage space, and custodial closet.

(b) In Type I, II or IV (non-combustible) construction, heat or smoke detectors connected to the buildings fire alarm system is located in storage and custodial closets.

(c) Relocatable buildings sited a minimum of 60 feet from another relocatable building and a minimum of 60 feet from any permanent building may be served by an independent fire alarm system.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New ________.

 

69A.58.0083 Protection from Hazards.

(1) Interior vertical openings such as stairways, elevator shafts, light and ventilation shafts and all service chutes between floors shall be enclosed or protected to prevent the spread of fire and smoke, and shall be maintained in their original fire and smoke-tight condition.

(2) Draftstopping. Any concealed space, such as a utility chase, attic, crawl space, or other vertical or horizontal opening between floors in which combustible material is exposed shall either be:

(a) Provided with draftstopping and automatic heat detection, or

(b) Provided with automatic fire sprinklers.

(3) Fire extinguishers: Fire extinguishers may be located inside student-occupied spaces only when:

(a) The fire extinguisher is located adjacent to the primary exit door;

(b) The door remains unlocked when the facility is occupied; and

(c) There is posted a permanently affixed sign reading “FIRE EXTINGUISHER INSIDE.”

(4) Existing on-site incinerators and waste burners shall be equipped with a wire screen stack guard and shall be used for burning Class A materials only.

(5) High Rise Buildings. All existing high-rise structures and buildings more than 4 stories or 45 feet in height shall be equipped with automatic fire sprinkler systems.

(6) 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:

(a) The space contains only residential-type ranges with hoods vented to the outside.

(b) Fire extinguishers are installed in accordance with NFPA 10.

(c) The space containing the residential style range is not classified as an assembly.

(7) These requirements place no limitations on the use of other residential type appliances within the space.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New ________.

 

69A-58.0084 Seclusion Time Out Rooms.

(1) Egress. Secured seclusion time-out rooms, when provided, shall be equipped with doors which allow egress at all times in the event of an emergency.

(2) Locking devices.

(a) Locking devices on secured seclusion time-out rooms are permitted only when such room is in full compliance with the criteria in this section.

(b) The use of a secured seclusion time-out room must be explicitly stated in the student's exceptional student educational (ESE) records and shall include parental notice for the use of a secured seclusion time-out room. The use of secured seclusion time-out rooms by the district must be expressly permitted by the action of the school board. Compliance with this section shall be certified by the school administrator or their designee.

(c) An electro-magnetic locking device is the only approved device to secure a secured seclusion time-out room. The lock shall remain engaged only when the human hand is in contact with it placing pressure on it.

1. Upon release of pressure, the door shall unlock. The locking device shall be designed, and shall be operated, so that it cannot be engaged by leverage of an inanimate object or in any manner except by constant human contact.

2. The push button shall be recessed from the face of the unit housing, or in some other way designed to prevent taping or wedging the button in the engaged mode.

3. The device shall have an interface with the fire alarm system and shall automatically release and disengage upon activation of the fire alarm. The locking device shall automatically release and disengage in the event of power failure.

4. A timer shall not be used on the locking device.

(3) Door Requirements. The door shall have only a push panel exposed on the interior of the room. A vision panel shall be provided in the door, and it shall be no larger than 12"x12" (144) square inches. The view panel shall consist of clear one-quarter (1/4) inch thick unbreakable plastic panel, flush with the face of the door on the inside. The view panel shall be positioned in the door so that a staff member continuously keeps the student under observation. The view panel shall not be covered with any material.

(4) Finishes and materials. The ceiling, floor, and walls must be free of any loose, torn or potentially hazardous materials. All surfaces must be kept smooth and free of any hooks, outlets, switches or similar items. Construction materials shall meet all applicable provisions of the Florida Fire Prevention Code and the Florida Building Code. Each secured seclusion time-out room must be identified with a permanently mounted room number.

(5) All secured seclusion time-out rooms must have natural or mechanical ventilation.

(6) Students in a secured seclusion time-out room must be observed continuously by a teacher or trained staff member.

(7) The division and the local fire official are permitted to conduct unannounced inspections of all secured seclusion time-out rooms to ensure compliance with this rule chapter. A written record of each inspection must be made and a copy must be provided to the school administrator or designee.

(8) During each unannounced inspection, the division or the local fire official is permitted to inspect secured seclusion time-out rooms for compliance, interview staff, review staff development activities, and conduct other activities as deemed appropriate to ensure compliance with this rule chapter.

(9) Permit Required.

(a) Any secured seclusion time-out room which is constructed following the effective date of this rule shall be allowed to become operational only after the issuance of a permit.

(b) Any secured seclusion time-out room which is in operation upon the effective date of this rule shall be allowed to continue in use provided a secured seclusion time-out room operational permit has been issued by the board on Form No. DFS XX-XXX.

(c) Each school wishing to use a secured seclusion time-out room shall apply to the board for a permit to operate a secured seclusion time-out room.

(d) Each secured seclusion time-out room must be constructed and operated in accordance with this rule chapter.

(e) A permit shall be issued only after an inspection by the board and a determination by the board that such secured seclusion time-out room has been designed and constructed in accordance with this rule chapter.

(f) Application for a permit need not be on any specific form and is permitted to be in the form of a letter, a memorandum, or a similar document; however, the application must be signed by the school administrator or his or her designee and must include the district's name, the school's name, the school's address, and contact information which must designate the name and phone number of the contact person at the school who is permitted to be the school administrator or anyone designated by the school administrator.

(g) Each permit shall be valid for a period of not more than one year from the date of issue.

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

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New ________.

 

69A-58.009 Florida Firesafety School Evaluation System.

(1) through (3) No change.

(4) For buildings occupied after January 1, 2085, boards and fire officials may use the equivalency provisions of Section 1.4 of the Florida Edition of NFPA 101, the edition as adopted in Rule Chapter 69A-60, F.A.C.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.009, Amended ________.

 

69A-58.010 Other Applicable Codes and Standards.

No change.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.010.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0340

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Randall A. Napoli, Director, Division of State Fire Marshal, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 28, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2005