The purpose of these rules is to update Rule Chapter 69A-38, F.A.C., to accommodate new and amended provisions of Chapter 393, Florida Statutes. The effect of this rule development will be to assist the Agency for Persons with Disabilities, the ...

 

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-38: UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES
69A-38.019: Purpose
69A-38.020: Scope
69A-38.021: Discretionary Powers of the Authority Having Jurisdiction
69A-38.024: Documentation of Client's Evacuation Status
69A-38.026: Operating Features
69A-38.028: Standards of the National Fire Protection Association Adopted
69A-38.029: Documentation of Client's Evacuation Status
69A-38.030: Operating Features
69A-38.032: Standards of the National Fire Protection Association Adopted
69A-38.033: Documentation of Client's Evacuation Status
69A-38.034: Operating Features
69A-38.035: Emergency Egress and Relocation Drills
69A-38.036: Inspections
69A-38.037: Cooking Equipment; Exception
69A-38.038: Special Requirements
PURPOSE AND EFFECT: The purpose of these rules is to update Rule Chapter 69A-38, F.A.C., to accommodate new and amended provisions of Chapter 393, Florida Statutes. The effect of this rule development will be to assist the Agency for Persons with Disabilities, the Agency for Health Care Administration and the individual owners of the affected facilities in complying with the firesafety requirements of Section 633.022, Florida Statutes, and the applicable codes and standards.

SUMMARY: The proposed amendment establishes firesafety standards in residential facilities for developmentally disabled persons, as provided in Section 633.022, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost 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, 633.022 FS.
LAW IMPLEMENTED: 633.022 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: Tuesday, February 13, 2007, 10:00 a.m.

PLACE: Third Floor Conference Room, The Atrium Building, 325 John Knox Road, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Millicent King, [phone] If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, FL 32399-0342. Phone: [phone]; Fax: [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

PART I GENERAL

69A-38.019 Purpose.

The purpose of this rule chapter is to comply with Section 393.067(7), Florida Statutes, which states that the Agency for Persons with Disabilities shall adopt rules relating to minimum standards for facilities including “uniform firesafety standards established by the State Fire Marshal which are appropriate to the size of the facility or of the component centers or units of the program.” This rule chapter establishes those uniform firesafety standards and specifies specify measures to provide a reasonable degree of public safety from fire in residential facilities for individuals with developmental disabilities. For purposes of brevity, these facilities will be referred to throughout these rules as “developmental disabilities facilities.” These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary inconvenience, or interference with the normal use and occupancy of a building, but at the same time insist upon compliance with a uniform standard for life safety necessary in the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.019, Amended________ .

 

69A-38.020 Scope.

(1) These rules apply to any residential developmental disabilities facility required to be licensed by the Florida Agency for Persons with Disabilities Department of Children and Family Services, pursuant to Section 393.067, Florida Statutes, Rule 65B-38.005 and Chapter 65B-6, F.A.C. In any determination of the number of persons living in a facility, only those persons who are clients as defined in Section 393.13(4), Florida Statutes, shall be counted.  Intermediate care facilities for the developmentally disabled are licensed by the Agency for Health Care Administration pursuant to Section 400.11 Florida Statutes and Rule Chapter 59A-26, F.A.C. The Agency for Persons with Disabilities and the Agency for Health Care Administration are affected by these rules.

(2) No change.

(3) This rule chapter shall apply as follows:

(a) Part II shall apply to any residential facility, as defined in Section 393.063(26)(39), Florida Statutes, including any:

1. Group home facility, as defined in Section 393.063(16), Florida Statutes;

2. Residential habilitation center, as defined in Section 393.063(28), Florida Statutes, and

3. Comprehensive transitional educational program, as defined in Section 393.063(8), Florida Statutes, which is providing room and board and personal care for individuals with developmental disabilities and that is required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to Section 393.067, Florida Statutes, and Chapter 65B-6, F.A.C. These rules do not apply to day care centers or residential child-care facilities required to be licensed by the Florida Department of Children and Family Services, pursuant to Section 393.067, F.S., and Chapter 65B-6, F.A.C. These rules do not apply to day care centers or residential child care facilities.

(b) Part III shall apply to intermediate care facilities for developmentally disabled persons, as defined in Section 393.063(20)(28), Florida Statutes, which are licensed pursuant to Chapter 65B-38, F.A.C.

(c) Part IV shall apply to any:

1. Foster care facility as defined in Section 393.063(15), Florida Statutes, and

2. Group home facility as defined in 393.063(16), Florida Statutes, serving five or fewer clients and licensed pursuant to Chapter 65B-6, F.A.C.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.020, Amended_______.

 

69A-38.021 Discretionary Powers of the Authority Having Jurisdiction.

The authority having jurisdiction may modify these rules under the following conditions:

(1) No change.

(2) Alternatives and /equivalency shall be documented and such documents shall be provided to the authority having jurisdiction and the property owner. Such documentation shall meet the requirements of Section 1-4 5 of NFPA-101 edition as adopted in Rule 69A-3.012, F.A.C.

(a) through (c) No change.

(3) Alternative or equivalency determinations of existing facilities shall be considered during subsequent inspections for fire safety. If in the opinion of the authority having jurisdiction, the previous determinations are no longer applicable, then additional fire code requirements may be imposed. A brief statement describing the fire code requirements in light of previous alternative and /equivalency determinations shall be provided.

(4) No change.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.021, Amended________.

 

PART II FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES EXCLUDING INTERMEDIATE CARE FACILITIES AND FOSTER CARE FACILITIES

 

69A-38.024 Documentation of Client’s Evacuation Status.

Documentation of Client’s evacuation status shall be based on the speed of evacuation. Speed of Evacuation is to be determined via documentation of actual emergency egress and relocation fire drills conducted with the Agency for Persons with Disabilities Department of Children and Family Services personnel present, as evidenced by their signature on at least two emergency egress and relocation fire drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate clients’ evacuation status.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.024, Amended________.

 

69A-38.026 Operating Features.

Each facility coming within the scope of PART II shall comply with the provision of Sections 32-7 or 33-7 of NFPA 101, whichever is applicable.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.026, Amended_______.

 

PART III INTERMEDIATE CARE FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES (ICF/DD).

 

69A-38.028 Standards of the National Fire Protection Association Adopted.

(1) The appropriate chapters of the standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to intermediate care facilities for the developmentally disabled, except as modified by this rule.

(2) The appropriate fire safety inspector shall verify the occupancy status by reviewing the license issued by the Agency for Health Care Administration or, in the case of a new facility, a copy of the application for licensure.

(3) Facilities for persons with developmental disabilities shall be inspected in accordance with the occupancy status as determined by the Agency for Health Care Administration as follows:

(a) New facilities with an occupancy status for providing personal care shall be governed by Chapter 32, and existing facilities shall be governed by Chapter 33, F.A.C.

(b) Facilities with an occupancy status for providing nursing or convalescent care shall be governed by Chapter 18 for new facilities and Chapter 19 for existing facilities. The standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, Chapter 32 for New and Chapter 33 for Existing Facilities, in the edition adopted in Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to intermediate care facilities for persons with developmental disabilities.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 9-22-92, 7-11-01, Formerly 4A-38.028, Amended__________.

 

69A-38.029 Documentation of Client’s Evacuation Status.

Documentation of a client’s evacuation status shall be based on the client’s speed of evacuation. Speed of evacuation is to be determined via documentation of actual emergency egress and relocation drills conducted with the Agency for Health Care Administration personnel present, as evidenced by their signature on at least two emergency egress and relocation drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate clients’ evacuation status. The procedure outlined in Rule 69A-38.024, F.A.C., shall also apply to this part.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.029, Amended__________.

 

69A-38.030 Operating Features.

Each intermediate care facility for the developmentally disabled shall comply with the appropriate operating procedures provision of Sections 32-7 or 33-7 of NFPA 101, whichever is applicable. Unless otherwise authorized by the authority having jurisdiction, fire exit drills shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine. They shall be conducted no less frequently than once per month and shall be properly documented.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.030, Amended________.

 

PART IV FOSTER CARE AND GROUP HOME FACILITIES SERVING FIVE OR FEWER CLIENTS.

 

69A-38.032 Standards of the National Fire Protection Association Adopted.

(1) The following portions of the National Fire Protection Association Standard 101, Florida edition, Life Safety Code, Chapter 32 for new facilities and Chapter 33 for existing facilities, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to facilities for the developmentally disabled, except as modified by this rule:

(a) All of Chapter 24, “One and Two Family Dwellings,” except Section 24-3.4, “Detection, Alarm and Communication Systems.”

(b) Sections 32-3.3.4.7, 32-3.3.4.8, and 32-3.3.5.5 only, of Chapter 32.

(c) Each foster care facility and each group home facility which does not meet the evacuation capability of “prompt” but which does meet an evacuation capability of “slow” shall also comply with the requirements of Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, National Fire Protection Association (NFPA) 101, Florida edition, as adopted in 69A-3.012, F.A.C., to be considered to have met the firesafety requirements under Rule 69A-38.0032, F.A.C. Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, Florida edition, as adopted in 69A-3.012, F.A.C., are hereby adopted and incorporated by reference.

(d) During each fire exit drill, all occupants should evacuate the building on their own or with staff assistance or any other available assistance, as needed.

(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_________.

 

69A-38.033 Documentation of Client’s Evacuation Status.

Documentation of client’s evacuation status shall be based on the speed of evacuation. Speed of Evacuation is to be determined via documentation of actual emergency egress and relocation drills conducted with the Agency for Persons with Disabilities personnel present, as evidenced by their signature on at least two emergency egress and relocation drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate clients’ evacuation status.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New__________.

 

69A-38.034 Operating Features.

Each facility coming within the scope of PART IV shall comply with the appropriate operating feature provisions of Sections 32-7 or 33-7 of NFPA 101, whichever is applicable.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New__________.

 

69A-38.035 Emergency Egress and Relocation Drills.

(1) An emergency egress and relocation drill shall be conducted by each owner at each facility at least three (3) times per year. Each emergency egress and relocation drill shall be conducted at least 90 days after the previous emergency egress and relocation drill. The AHJ is permitted to require an additional emergency egress and relocation drill in conjunction with an annual firesafety inspection.

(2) The purpose of each emergency egress and relocation drill is to familiarize each occupant with the procedures required for the safe, orderly, and expeditious exiting of the structure. All occupants shall exit the structure to a predetermined area of safety. The climate and weather conditions shall be taken into consideration when scheduling any emergency egress and relocation drill.

(3) Each emergency egress and relocation drill shall be conducted at an unexpected time and under varying conditions that may occur in the case of fires.

(4) During each emergency egress and relocation drill, all occupants shall evacuate the structure independently or with staff assistance or any other available assistance, as needed.

(5) Each emergency egress and relocation drill shall be applicable to all occupants of the facility with emphasis on the safe, orderly, and expeditious exiting under proper discipline.

(6) Any occupant subject to an emergency egress and relocation drill shall proceed to a predetermined location outside the building and remain there until all occupants are accounted for. Occupants are permitted to return to the structure only when allowed by the person conducting the emergency egress and relocation drill.

(7) The owner shall keep a record of each emergency egress and relocation drill on Form DFS-K4-1557, (rev. 03/20/03), Record of Emergency Egress and Relocation Drill, which is hereby adopted and incorporated into these rules by reference. Copies of the form may be obtained by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The record shall list at a minimum:

(a) The date the drill was conducted;

(b) The time of day the drill was conducted;

(c) The amount of time, in minutes and seconds, that were required for all occupants to safely exit the building, and

(d) Any unusual circumstance, in narrative or outline form, affecting the safe, orderly and expeditious exit from the building.

(8) If the owner does not keep the record required by subsection (7) in the required manner, another emergency egress and relocation drill must be performed as soon as possible and the results correctly recorded. In addition, the firesafety inspector shall advise the licensing agency that the facility is not maintaining compliance with the firesafety requirements.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New__________.

 

69A-38.036 Inspections.

(1) The appropriate firesafety inspector shall conduct a firesafety inspection which must be determined to be satisfactory for each facility prior to its initial licensure.

(a) The initial inspection requirements shall be based on a prompt evacuation capability.

(b) The evacuation capability for all subsequent inspections shall be based on an actual emergency egress and relocation drill or the record of such drill conducted under the direct supervision of the Agency for Persons with Disabilities or the fire official.

(2) The appropriate firesafety inspector shall conduct a firesafety inspection which must be determined to be satisfactory for each facility prior to the annual renewal of its license.

(3) The owner shall request from the AHJ a firesafety inspection at least 30 days in advance of license expiration.

(4) The AHJ or the Division is permitted to require additional firesafety inspections.

(5) The owner shall be responsible for requesting all required firesafety inspections in writing or electronic format, except for any additional firesafety inspections which may be required as provided in subsection (4). All verbal inspection requests shall be followed by a written or electronic verification.

(6) Each required firesafety inspection shall be completed by the AHJ, where available.

(7) Any time there is no AHJ to perform a firesafety inspection, the owner shall notify the Division in writing or in an electronic format. The Division shall inspect or cause the facility to be inspected in accordance with Section 633.022, Florida Statutes.

(8) A local firesafety inspector, or if no local firesafety inspector is available, a special state firesafety inspector, certified in accordance with Chapter 633, Florida Statutes, shall complete each required firesafety inspection.

(9) The inspecting authority shall provide a copy of each inspection report to the licensing agency within thirty days after completing the inspection.

(10) For the purpose of meeting the fire safety inspection requirements of this section, a foster home or group home shall comply with the following:

(a) Install smoke detectors in accordance with Section 24.3.4.1 of NFPA 101, Florida edition as adopted in Rule 69A-3.012, F.A.C.

(b) Fireplaces, heaters, radiators and other hot surfaces shall be shielded against accidental contact;

(c) All heating appliances and other heating devices shall be properly vented;

(d) Emergency evacuation instructions must be posted in a conspicuous location;

(e) Be free of improperly stored combustible materials;

(f) All exits and stairs shall be free of storage or obstructions affecting its use;

(g) Be free of temporary electrical wiring, and

(h) Have at least one working flashlight for each sleeping room.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New__________.

 

69A-38.037 Cooking Equipment; Exception.

Notwithstanding any previous construction or interpretation of any law, rule, or code provision, any time a single domestic range or stove is used in an arrangement similar to that of a single family residence, the facility shall not be required to comply with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, the edition as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New________.

 

69A-38.038 Special Requirements.

(1) Each facility shall have installed at least one portable fire extinguisher with a minimum rating of 2A-10BC.

(2) No unvented fuel-fired heaters shall be permitted unless the heater is listed and approved for such use.

(3) No portable heaters shall be used in sleeping rooms.

(4) All facilities shall have all parts of the means of egress sufficiently sized to allow for emergency exiting of clients who may be confined in wheelchairs and or beds when applicable.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 14, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 1, 2006