The purpose and effect of the proposed rules is to remove references to outdated figures in reference material, create consistency in terms, and add a reporting requirement and timeline for reporting where there is a change ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-48.005Record of Completion

69A-48.008Monitoring

PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to remove references to outdated figures in reference material, create consistency in terms, and add a reporting requirement and timeline for reporting where there is a change in fire monitoring service providers.

SUMMARY: : The rules provide for installation standards of fire monitoring systems, reporting requirements upon completion of installation of fire monitoring systems, and reporting requirements and timeframe for reporting of any change in fire monitoring service providers.

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’s economic analysis.

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, 633.346, 633.348 FS.

LAW IMPLEMENTED: 633.104, 633.206, 633.346, 633.348 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 20, 2021 at 10:00 am

PLACE: Please join the meeting from your computer, tablet or smartphone, https://meet.myfloridacfo.com/melissa.dembicer/55BH745M or [phone], Conferenced ID 7024616.

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: John Gatlin, Department of Financial Services, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0333, [e-mail], [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: John Gatlin, Department of Financial Services, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0333, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-48.005 Record of Completion.

(1) Information applicable in National Fire Protection Association (NFPA) Standards shall be a minimum requirement and shall be contained in the Record of Completion provided to the consumer when the fire alarm system is installed or improved (see figure 1-7.2.1, NFPA 72 the edition as incorporated by reference adopted in Rule 69A-3.012, subsection 69A-3.012(1), F.A.C.).

(2)(a) The requirements for fire alarm system components, devices, and systems shall be tested, maintained, and inspected using the guidelines set forth in NFPA 72, as incorporated by reference adopted in Rule 69A-3.012 subsection 69A-3.012(1), F.A.C., and incorporated by reference therein.

(b) All inspections and testing performed on a fire alarm system shall be reported in detail on the system record log using the form required in NFPA 72, figure 7-5-.2.2. the edition as incorporated by reference in adopted in Rule 69A-3.012, F.A.C. This form shall be located and maintained at the property protected by the fire alarm system and be readily available for inspection.

(3) All repairs shall be recorded, by the repairing company, in the system record log and contain the following information:

(a) through (c) No change.

(d) Repairing company’s Servicing entity’s name, address, phone number, and representative’s name.

(e) through (f) No change.

(4) through (5) No change.

Rulemaking Authority 633.104, 633.206, 633.346, 633.348 633.346(4), 633.348(7) FS. Law Implemented 633.104, 633.206, 633.346, 633.348 633.104(1), 633.206(2)(b), 633.346(4), 633.348(7) FS. History–New 6-28-90, Amended 11-16-94, 7-11-01, Formerly 4A-48.005, Amended _____.

 

69A-48.008 Monitoring.

(1) Monitored fire alarm systems shall be installed and operate in accordance with the applicable NFPA standards incorporated by reference adopted in Rule 69A-3.012 subsection 69A-3.012(1), F.A.C., and incorporated by reference therein.

(2) Any person currently providing or proposing to provide fire alarm monitoring services to protected premises (service provider) shall notify the authority having jurisdiction in writing at least 10 days prior to offering the service. The service provider shall notify the authority having jurisdiction verbally within 24 hours of discontinuing monitoring services to a protected premise. The verbal notification shall be confirmed by the service provider submitting written notification provided to the authority having jurisdiction within 10 days of the discontinuance of monitoring services.

(3)  If there is a change in service provider for an existing fire alarm monitoring service, the new service provider shall, within 48 hours of the service transfer, submit to the authority having jurisdiction a completed and fully executed Form DFS-K3-2016, Report of Change of Alarm System Service Provider, effective _____, http://www.flrules.org/Gateway/reference.asp?No=Ref-_____, which is incorporated by reference herein. A copy of this form may be obtained by writing to the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0345, or by downloading the document from the Bureau’s website, https://www.myfloridacfo.com/division/sfm/bfp/.

(4) (3) Managed Facilities-based Voice Network (MFVN) is a physical facilities-based communication network that:

(a) No change.

(b) Conforms to all relevant PSTN standards with respect to:

1. Dialing;,

2. Dial plan;,

3. Call completion;,

4. Carriage of alarm signals and protocols; and,

5. No change.

(c) through (d) No change.

(e) Provides a method of electrical power backup such as a battery that provides a minimum of 8 hours of continued, uninterrupted, voice service availability to the attached alarm system; and,

(f) No change.

(5) (4) The service provider must demonstrate that the network is a an MFVN, as described in this Rrule, by submitting to the authority having jurisdiction an attestation that the service provider’s company’s network meets the criteria in paragraphs (4)(a) through (4)(f), above.

Rulemaking Authority 633.206, 633.346, 633.348 633.346(4) FS. Law Implemented 633.206, 633.346 633.206(1)(b), 633.348 FS. History–New 11-16-94, Amended 7-11-01, Formerly 4A-48.008, Amended 11-1-09, _____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: John Gatlin, Bureau Chief of Fire Prevention

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 23, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 7, 2021