Administration and General Requirements, Scope, Definitions, Classes of Nonresidential Farm Buildings; Inspection Requirements, Requirements for Class 1 Nonresidential Farm Buildings, Alternative Firesafety Evaluation System for Class 2 ...
DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NOS.:RULE TITLES:
69A-67.001Administration and General Requirements
69A-67.002Scope
69A-67.003Definitions
69A-67.004Classes of Nonresidential Farm Buildings; Inspection Requirements
69A-67.005Requirements for Class 1 Nonresidential Farm Buildings
69A-67.006Alternative Firesafety Evaluation System for Class 2 Nonresidential Farm Buildings
69A-67.007Class 3 Farm Buildings
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 171, September 1, 2016 issue of the Florida Administrative Register.
These changes are being made to address comments expressed by the Joint Administrative Procedures Committee.
69A-67.001 Administration and General Requirements.
(1) No change.
(2) Buildings outlined in Pursuant to paragraph 633.202(16)(b), F.S., the following nonresidential farm buildings are exempt from this rule. and the Florida Fire Prevention Code in its entirety:
(a) A nonresidential farm building in which the occupancy is limited by the property owner to no more than 35 persons; and
(b) An agricultural pole barn.
(3) Where a special amusement building is installed inside a nonresidential farm building regardless of occupant load, it shall meet the requirements as a special amusement assembly occupancy in the Florida Fire Prevention Code, as adopted in Rule Chapter 69A-60, F.A.C.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
69A-67.002 Scope.
(1) through (2) No change.
(3) Where a special amusement building is installed inside a nonresidential farm building regardless of occupant load, it shall meet the requirements as a special amusement assembly occupancy in the Florida Fire Prevention Code.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
69A-67.003 Definitions.
As used in this rule chapter, the following definitions apply:
(1) through (2) No change.
(3) Guard: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level as defined in the Florida Building Code.
(4) Handrail: A horizontal or sloping rail intended for grasping by the hand for guidance or support as defined in the Florida Building Code.
(5) through (7) No change.
(8) Proximate audience: An audience closer to pyrotechnic devices than permitted by NFPA 1123, Code for Fireworks Display, as adopted in Rule 69A-60.005, F.A.C.
(9) Special amusement building: A building that is temporary, permanent, or mobile and contains a device or system that conveys passengers or provides a walkway along, around, or over a course in any direction as a form of amusement arranged so that the egress path is not readily apparent due to visual or audio distractions or an intentionally confounded egress path, or is not readily available due to the mode of conveyance through the building or structure.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
69A-67.004 Classes of Farm Buildings; Inspection Requirements.
Pursuant to paragraph 633.202(16)(b), F.S., each nonresidential farm building used for agritourism activities for which the owner receives consideration, and which is not exempt pursuant to subsection 69A-67.001(2), F.A.C., must be classified as one of three classes:
(1) The owner of an existing nonresidential farm building that proposes to use such building as a Class 1, 2, or 3 building for argitourism activities shall notify the AHJ prior to the use of such facility. Class 1: A nonresidential farm building used by the owner 12 times per year or less for agritourism activity with up to 100 persons occupying the structure at one time.
(2) Class 2: A nonresidential farm building used by the owner more than 12 times per year for agritourism activity with up to 300 persons occupying the structure at one time.
(3) Class 3: A building used to primarily house, shelter, or otherwise accommodate members of the public or a building in which the primary purpose is an agritourism activity. Newly constructed buildings, additions to an existing structure, or an existing structure may all qualify for this classification.
(2) In order to determine the classification of a farm building and whether the building meets the requirements outlined for that classification, the AHJ shall conduct an initial and annual inspection of only the farm building for which classification is being sought annually or if the building’s classification changes.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
69A-67.005 Requirements for Class 1 Nonresidential Farm Buildings.
The following requirements apply to a nonresidential farm building that is classified by the AHJ as a Class 1 nonresidential farm building:
(1) Up to Less than 100 persons occupy the building during each agritourism activity; however, the occupant load may be posted at less than calculated when agreed upon by the owner and the AHJ.
(2) through (4) No change.
(5) The building It must have at least 7 net square feet of floor space per person in attendance if the building is not concentrated with chairs, tables, or other obstacles and 15 net square feet of floor space per person in attendance if the building is concentrated with chairs, tables, or other obstacles;
(6) through (7) No change.
(8) The use of open flames shall be in a manner compliant with the most current edition of the Florida Fire Prevention Code, as adopted in Rule Chapter 69A-60, F.A.C.;
(9) Interior finish shall meet the requirements outlined in Rule subsection 69A-67.006(5), F.A.C.;
(10) Only Portable cooking equipment for warming of food that is not flue-connected shall be permitted if the equipment is fueled by small heat sources that can be readily extinguished by water, such as candles or alcohol-burning equipment, including solid alcohol, provided that precautions satisfactory to the AHJ are taken to prevent ignition of any combustible materials; and
(11) The building It cannot be used for lodging purposes.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
69A-67.006 Requirements Alternative Firesafety Evaluation System for Class 2 Nonresidential Farm Buildings.
The following requirements apply to a nonresidential farm building that is classified by the AHJ as a Class 2 nonresidential farm building:
(1) No change.
(2) Egress:
(a) Any door in a required means of egress from an area having an occupant load of 100 or more persons shall be permitted to have a latch or lock only if the latch or lock is panic hardware or other latching device acceptable to the AHJ.
(b) through (c) No change.
(d) Each level of a building shall have access to the main entrance/exit and shall have at least one additional exits of a width to accommodate not less than one-half of the total occupant load served by that level.
(e) through (o) No change.
(p) Guards and, guardrails, and handrails shall be required.
(q) Rooms containing high-pressure boilers, refrigerating machinery other than the domestic refrigerator type, large transformers, or other service equipment subject to explosion shall:
1. No change.
2. Be separated from other parts of the building by fire barriers that have a minimum 1-hour fire resistance rating in accordance with Florida Fire Prevention Code 101: Section 8.3, as adopted in Rule Chapter 69A-60, F.A.C., or shall be protected by automatic extinguishing systems in accordance with Florida Fire Prevention Code 101: Section 8.7, as adopted in Rule Chapter 69A-60, F.A.C.
(r) and (s) No change.
(3) No change.
(4) Open Flame Devices and Pyrotechnics. No open flame devices or pyrotechnic devices shall be used, unless one of the following applies:
(a) Pyrotechnic special effect devices shall be permitted to be used on stages before proximate audiences for ceremonial or religious purposes, as part of a demonstration in exhibits, or as part of a performance, provided that both of the following criteria are met:
1. Precautions satisfactory to the AHJ are taken to prevent ignition of any combustible material; and
2. Use of the pyrotechnic device complies with Florida Fire Prevention Code 1: Section 65.3, as adopted in Rule Chapter 69A-60, F.A.C.
(b) Flame effects before an audience shall be permitted in accordance with Florida Fire Prevention Code 1: Section 65.4, as adopted in Rule Chapter 69A-60, F.A.C.
(c) No change.
(5) Interior finish, contents, and furnishings. Interior wall and ceiling finish shall have a flame spread index meeting the provisions of Chapter 10 of NFPA 101 of the Florida Fire Prevention Code, as adopted in Rule Chapter 69A-60, F.A.C. of less than 200 and a smoke development index of less than 450 as tested in accordance with ASTM E 84, Standard Test Method for Surface Burning Characteristics of Building Materials, or ANSI/UL 723, Standard for Test for Surface Burning Characteristics of Building Materials.
(a) The required flame spread index or smoke developed index shall be permitted to be secured by applying approved fire-retardant coatings to surfaces having higher flame spread index values value. Such treatments shall be tested or shall be listed and labeled for application to the material to on which the coating is applied, and shall comply with the requirements of NFPA 703, Standard for Fire Retardant - Treated Wood and Fire-Retardant Coatings for Building Materials, as adopted in Rule 69A-60.005, F.A.C.
(b) No change.
(c) Combustible vegetation or scenery, including cloth and film:
1. No change.
2. Only listed electrical lights and wiring listed by a Nationally Recognized Testing Laboratory shall be used on natural or artificial combustible vegetation, scenery, or other similar decorations;
3. through 4. No change.
5. Flame-Retardant Requirements:
a. Combustible scenery of cloth, film, vegetation (dry), and similar materials may be treated with a fire retardant and shall comply with one of the following:
(I). The scenery shall meet the flame propagation performance criteria contained in NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films, as adopted in Rule 69A-60.005, F.A.C.; or
(II). The scenery shall exhibit a heat release rate not exceeding 100 kW when tested in accordance with NFPA 289, Standard Method of Fire Test for Individual Fuel Packages, as adopted in Rule 69A-60.005, F.A.C., using the 20 kW ignition source.
6. Foamed plastics (as defined in Florida Fire Prevention Code 101) shall be permitted for use if plastics exhibit a heat release rate not exceeding 100 kW when tested in accordance with NFPA 289, Standard Method of Fire Test for Individual Fuel Packages, as adopted in Rule 69A-60.005, F.A.C., using the 20 kW ignition source or by specific approval of the AHJ.
7. No change.
(6) Special Provisions for Food Service Operations. All devices used in connection with the preparation of food shall be installed and operated in a manner that avoids hazard to the safety of occupants.
(a) No change.
(b) Cooking equipment shall be protected in accordance with the Florida Fire Prevention Code 101: Section 9.2.3, as adopted in Rule Chapter 69A-60, F.A.C., unless the cooking equipment is one of the following types:
1. through 3. No change.
(c) through (d) No change.
(7) Smoking:
(a) Smoking shall be regulated by the AHJ.
(b) Where smoking is permitted, suitable ashtrays or receptacles shall be provided in convenient locations.
(7)(8) The use of the building for lodging purposes is not permitted.
(9) The AHJ is authorized to modify or use alternative methods for any of the provisions of this rule upon application in writing where there are practical difficulties in the way of carrying out the provisions of the rule or the Florida Fire Prevention Code, provided that the intent of the rule or the Code shall be complied with, public safety secured, and substantial justice done.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
69A-67.007 Requirements for Class 3 Farm Buildings.
A structure that is classified by the AHJ as a Class 3 structure shall meet all the applicable requirements of the current edition of the Florida Fire Prevention Code, as adopted in Rule Chapter 69A-60, F.A.C.
Rulemaking Authority 633.104, 633.202 FS. Law Implemented 570.56, 633.202 FS. History–New__________.
