To extend the deadline for submission of an application for participation in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program from June 30, 2006 to July 1, 2009.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-53.0052: Fire Sprinkler Requirements for Nursing Homes
69A-53.0053: State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Application Procedures
PURPOSE AND EFFECT: To extend the deadline for submission of an application for participation in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program from June 30, 2006 to July 1, 2009.
SUMMARY: Section 633.022, F.S., requires each nursing home licensed under part II of Chapter 400, F.S., to be protected throughout by an approved supervised automatic sprinkler system no later than December 31, 2010. This date represents an extension from the previous date of December 31, 2008. The Chapter directs the Department to provide assistance to nursing homes through the State Fire Marshal Fire Protection Loan Guarantee Program. The deadline for submission of an application to participate in the loan guarantee program was also extended by statute to July 1, 2009. The rule amendment makes the rule consistent with the amended statutes.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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(1), 633.022(1), 633.0245(11) FS.
LAW IMPLEMENTED: 633.022, 633.022(4), 633.024, 633.0245 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: April 20, 2009, 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: Arlan Davis, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, Tallahassee, Florida; [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 RULE IS: Arlan Davis, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, Tallahassee, Florida [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-53.0052 Fire Sprinkler Requirements for Nursing Homes.

(1) Section 633.022(4), F.S., requires that nursing homes licensed under Part II of Chapter 400, F.S., be protected throughout by an approved supervised automatic sprinkler system in accordance with Chapter Nine (9) of the Florida Edition of NFPA 101, the Life Safety Code adopted in Rule 69A-3.012, F.A.C., no later than December 31, 2010. pursuant to the following schedule:

(a) Each hazardous area of each nursing home shall be protected by an approved supervised automatic fire sprinkler system by no later than December 31, 2008.

(b) Each nursing home, in its entirety, shall be protected by an approved supervised automatic fire sprinkler system by no later than December 31, 2010.

(2) The Division may grant a maximum of two one-year extensions to the final date of compliance with paragraphs (1)(a) and (b) above, for the hazardous area portion of the retrofitting project, only after establishing that the nursing home has been prevented from complying for reasons beyond its control. Such reasons may include:

(a) through (c) No change.

(3) A request for extension under subsection (2) must:

(a) Be received by the Division prior to the expiration of the deadline in question,

(b) through (c) No change.

Rulemaking Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022 FS. History–New 2-18-07, Amended ________.

 

69A-53.0053 State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Application Procedures.

(1) No change.

(2) All properly completed applications, which must include acceptable documentation for the conceptual design, for participation in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program must be received by the State Fire Marshal on or before July 1, 2009 June 30, 2006.

(3) through (9) No change.

Rulemaking Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History– New 2-18-07, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink, Chief Financial Officer, State of Florida Department of Financial Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 1, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 31, 2008, February 27, 2009