Sections 429.41 and 633.206, F.S., require the Division of State Fire Marshal to establish uniform firesafety standards for assisted living facilities using the current editions of the National Fire Protection Association (NFPA) 101, Life Safety ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-40.038Emergency Egress and Relocation Drills in Non-Legacy Facilities

PURPOSE AND EFFECT: Sections 429.41 and 633.206, F.S., require the Division of State Fire Marshal to establish uniform firesafety standards for assisted living facilities using the current editions of the National Fire Protection Association (NFPA) 101, Life Safety Code®, and NFPA 101A, Guide on Alternative Approaches to Life Safety.

SUMMARY: The proposed rule will require a non-legacy facility to comply with the emergency egress and relocation drill requirements of the occupancy classification as designated by the local authority having jurisdiction (AHJ) mandated in the current editions of the NFPA 101, Life Safety Code®, and NFPA 101A, Guide on Alternative Approaches to Life Safety.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The agency has determined that the proposed rule is not expected to require legislative ratification based upon the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the potential impact of the proposed rule determined that there will be no adverse economic impact or increased regulatory costs that would require legislative ratification.

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.

RULEMAKING AUTHORITY: 633.104, 633.206 FS.

LAW IMPLEMENTED: 429.41, 633.206 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: March 10, 2020m 2:00 p.m.

PLACE: The Atrium, 3rd Floor Conference Room, 325 John Knox Road, Tallahassee, FL

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: Belinda Chukes at [phone] or [e-mail].. 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 RULE IS: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 E. Gaines Street, Tallahassee, Florida 32399-0342, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-40.038 Emergency Egress and Relocation Drills in Non-Legacy Facilities.

A non-legacy facility that does not elect to comply with the options afforded in section 429.41(1)(a)2.d., F.S., must comply with the emergency egress and relocation drill requirements of the occupancy classification as designated by the local AHJ and mandated in NFPA 101, Life Safety Code®, and NFPA 101A, Guide on Alternative Approaches to Life Safety, which are incorporated by reference in Rule 69A-3.012, F.A.C.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.41, 633.206 FS. History–New                      .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casia Sinco, Chief, Bureau of Fire Protection

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 5, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 10, 2019