Paragraph 633.508(7)(a), F.S., authorizes the Division to prescribe by rule the safety devices, safeguards, or other means of protection that must be adopted for the prevention of accidents and injuries in every firefighter employee place of ...  

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    DEPARTMENT OF FINANCIAL SERVICES

    Division of State Fire Marshal

    RULE NO.:RULE TITLE:

    69A-62.024Standards for Construction, Repair, and Maintenance of Firefighter Employee Places of Employment and Inspection, Repair and Maintenance of Fire Apparatus

    PURPOSE AND EFFECT: Paragraph 633.508(7)(a), F.S., authorizes the Division to prescribe by rule the safety devices, safeguards, or other means of protection that must be adopted for the prevention of accidents and injuries in every firefighter employee place of employment. The Division is also authorized to determine what suitable devices, safeguards, or other means of protection for the prevention of occupational diseases must be adopted or followed in any firefighter place of employment. Paragraph 633.508(7)(b), F.S., requires the Division to adopt rules that fix reasonable standards for the construction, repair, and maintenance of firefighter employee places of employment so as to render them safe.

    SUMMARY: The proposed rule will require a firefighter employer to follow the Florida Building Code and the Florida Fire Prevention Code when constructing, altering, or repairing a fire department facility. A firefighter employer shall maintain fire department facilities in accordance with the Florida Fire Prevention Code. The rule will also require a firefighter employer to: have a written policy to maintain places of employment in a safe working condition and provide prompt correction of any safety or health hazard or code violation; inspect places of employment at least quarterly for safety and health hazards; designate firefighter employee places of employment as tobacco free; take steps to prevent the exposure of living and sleeping areas to exhaust emissions; have a written policy that prohibits contaminated components of the protective ensemble from being allowed in sleeping and living areas; have a written infection control policy if it provides emergency medical services; and have a written policy that has a schedule for the maintenance, inspection and testing of fire apparatus.

    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 on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an economic analysis of the potential impact of the proposed rule and determined that there will be no adverse economic impact or regulatory increases 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: 633.508(7) FS.

    LAW IMPLEMENTED: 633.508(7), 633.520, 633.522 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 19, 2015, 9:00 a.m.

    PLACE: Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL. You may participate in the workshop via teleconference by calling (850)413-1558 and using Conference ID No.: 640694

    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: Bill Wentlandt at (352)369-2829 or Bill.Wentlandt@myfloridacfo.com. 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: Bill Wentlandt, Chief, Bureau of Fire Standards and Training, 11655 NW Gainesville Rd., Ocala, FL 34482, (352)369-2829 or Bill.Wentlandt@myfloridacfo.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    69A-62.024 Standards for Construction, Repair, and Maintenance of Firefighter Employee Places of Employment and the Inspection, Testing and Maintenance of Fire Apparatus.

    (1)(a) “Firefighter employer” is defined in subsection 633.504(2), F.S.

    (b) “Firefighter place of employment” or “place of employment” is defined in subsection 633.504(4), F.S.

    (c) “Firefighter employee” is defined in subsection 633.504(1), F.S.

    (2) A firefighter employer shall follow the Florida Building Code, which is incorporated by reference in Rule 61G20-1.001, F.A.C., and the Florida Fire Prevention Code, which is incorporated by reference in Rule Chapter 69A-60, F.A.C., when constructing, altering or repairing a fire department facility.

    (3) A firefighter employer shall maintain fire department facilities in accordance with the Florida Fire Prevention Code, which is incorporated by reference in Rule Chapter 69A-60, F.A.C.

    (4) A firefighter employer shall have a written policy that establishes a system to maintain firefighter employee places of employment in a safe working condition for all firefighter employees and to provide prompt correction of any safety or health hazard or code violation.

    (5)(a) A firefighter employer shall inspect their firefighter employee places of employment at least quarterly for safety and health hazards. Inspections shall be documented and recorded using a form developed by the firefighter employer workplace safety committee or workplace safety coordinator. The form developed by the firefighter employer workplace safety committee or workplace safety coordinator shall contain the following items at a minimum:

    1. General station conditions.

    2. Housekeeping.

    3. Exits.

    4. Walking and working surfaces.

    5. Apparatus floors/maintenance areas.

    6. Laundry/cleaning/disinfecting areas.

    7. Building exterior and grounds.

    8. Decontamination rooms.

    9. Fire prevention and protection.

    10. Hazardous materials.

    11. Electrical wiring/fixtures/controls.

    (b) Safety and health hazards identified during these inspections shall be reported to the firefighter employer workplace safety committee or workplace safety coordinator.

    (6) A firefighter employer shall designate firefighter employee places of employment as tobacco free. Tobacco use shall be prohibited at all firefighter employee places of employment. This prohibition includes any building or area owned, operated, occupied, or used by a fire department on a routine basis and includes all types of tobacco and tobacco-like products, including smoked and smoke-less tobacco, other smokeable products, and electronic cigarettes.

    (7) A firefighter employer shall take steps to prevent exposure and contamination of living and sleeping areas to exhaust emissions.

    (8) A firefighter employer shall have a written policy that prohibits components of the protective ensemble that are contaminated from being allowed in sleeping/living areas and patient compartments. A firefighter employer should strive to keep contaminated equipment from being carried in crew passenger areas.

    (9) A firefighter employer utilizing poles to provide rapid access to lower floors shall ensure that the area around the pole hole is secured by means of a cover, enclosure, or other means to prevent someone from accidentally falling through the pole hole.

    (10) A firefighter employer that provides emergency medical services shall have a written infection control policy that provides for disinfecting and cleaning of facilities, apparatus, and equipment.

    (11) A firefighter employer shall have a written policy that provides a schedule for the maintenance, inspection and testing of fire apparatus. Fire pumps on apparatus shall be service tested at least annually. All aerial devices shall be inspected and service tested annually. All apparatus equipped with a compressed air foam system (CAFS) shall be tested annually.

    Rulemaking Authority 633.508(7) FS. Law Implemented 633.508(7), 633.520, 633.522 FS. History–New __________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Wentlandt, Chief, Bureau of Fire Standards and Training

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

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 16, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 16, 2014