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 NOS.:RULE TITLES:

69A-40.024Scope

69A-40.027Definitions

69A-40.028Standards of the National Fire Protection Association Adopted

69A-40.029Evacuation Capability Evaluation

69A-40.031Automatic Fire Sprinkler Systems

69A-40.033Heating, Ventilating, and Air Conditioning Equipment

69A-40.035Code Conflict Resolution

69A-40.036Fire Exit Drills

69A-40.037Intergenerational Respite Care Assisted Living Facility

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 to Alternative Approaches to Life Safety. The proposed amendments will update the rules to reflect recent statutory changes, clarify current rule requirements, and repeal unnecessary rules.

SUMMARY: The proposed rule amendments will: remove unnecessary language from Rule 69A-40.024, F.A.C.; delete unnecessary definitions and add a definition of “legacy facility” in Rule 69A-40.027, F.A.C.; adopt the current editions of the NFPA 101 and NFPA 101A as the uniform firesafety standards for assisted living facilities in Rule 69A-40.028, F.A.C.; clarify the evacuation capability evaluation requirements for legacy facilities in Rule 69A-40.029, F.A.C.; clarify the cooking operation requirements for legacy facilities in Rule 69A-40.033, F.A.C.; update the code conflict resolution provisions in Rule 69A-40.035, F.A.C.; and clarify the fire exit drill requirements for legacy facilities in Rule 69A-40.036, F.A.C. Rules 69A-40.031 and 69A-40.037, F.A.C., are repealed.

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 of the potential impact of the proposed rule amendments 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: 429.02, 429.41, 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 SCHEDULED AND ANNOUNCED IN THE FAR.

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, FL 32399-0342, [phone], or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-40.024 Scope.

(1) This rule chapter applies These rules apply to any institution, building or buildings, residence, private home, boarding home, home for the aged, or any other place, whether operated for profit or not, which is an assisted living facility under the definitions of chapter 429, F.S., and of Chapter 58A-5, F.A.C., and include the intergenerational respite care assisted living facility created pursuant to Section 429.071, F.S. These rules do not apply to transient rentals, as defined in Section 212.03, F.S.

(2) This rule chapter is These rules are concerned with life safety during fires and similar emergencies. This rule chapter addresses They address particular matters of construction, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes, or panic before buildings are vacated.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.41, 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.024, Amended 1-15-07, __________.

 

69A-40.027 Definitions.

(1) “Administrator” shall mean an individual meeting the definition in section 429.02(2), F.S. who has general administrative charge of an assisted living facility.

(2) “Assisted living facility” (ALF) shall be as defined in section 429.02(5), F.S. The definition does not apply to transient rentals as defined in section 509.013(11), F.S. For firesafety purposes, the size of the ALF facility is determined by the license as issued by the Agency for Health Care Administration.

(3) “Authority having jurisdiction” (AHJ) shall mean the governmental entity, organization, office, or individual responsible by law or ordinance to conduct and enforce uniform fire safety requirements in accordance with section 633.206(2)(b), F.S.

(4) “Existing” shall refer to any assisted living facility that has been licensed prior to January 1, 1996.

(4)(5) “Final administrative interpreting authority” shall mean the State Fire Marshal.

(5) “Legacy facility” shall mean any ALF that has elected to comply with the option afforded in section 429.41(1)(a)2.d., F.S.

(6) “Intergenerational Respite Care Assisted Living Facility” means a facility licensed pursuant to a 5 year pilot program established by the Agency for Health Care Administration to provide temporary personal, respite, and custodial care to minors and adults with disabilities and elderly persons with special needs who do not require 24-hour nursing services, and that provides respite care services for minors and adults with disabilities and elderly persons with special needs for a period of at least 24 hours but not more than 14 consecutive days, in which minors and adults reside in distinct and separate living units, with a maximum of 48 beds located in Miami-Dade County, and is operated as a not-for-profit entity.

(6)(7) “NFPA” means is the abbreviation for the National Fire Protection Association.

(7)(8) “Owner” shall refer to the person, partnership, association, or corporation that owns the assisted living facilities enterprise, whether licensed or not. In the event an ALF facility is operated by a person that leases the physical plant which is owned by another person, “owner” means the person that operates the ALF facility. When the person that owns the physical plant is an affiliate of the person that operates the ALF facility and has significant control over the day-to-day operation for the ALF facility, he or she is considered an owner of the ALF facility.

(9) “Point of Safety” shall be as defined in Chapters 22 and 23, NFPA 101, Life Safety Code, incorporated by reference in subsection 69A-40.028(1), F.A.C.

(8)(10)(a) “Satisfactory firesafety inspection” shall mean there are no uncorrected firesafety deficiencies in the ALF facility associated with fire alarm systems, installed fire sprinkler systems, or means of egress/escape components. For purposes of this definition, firesafety deficiencies associated with maintenance items, such as “an exit light burned out,” or “an electrical wall outlet cover plate missing,” would not be considered as items for an unsatisfactory firesafety inspection.

(b) The AHJ shall grant a period of time for an ALF to correct cited firesafety deficiencies. Facilities shall be granted a period of time to correct firesafety deficiencies that are determined by the firesafety authority having jurisdiction citing the deficiencies. The time periods granted must shall be based on the risk to life and property created by the violation and the ease of correction. Those existing facilities that are required to install fire sprinkler systems shall be granted the time frames specified in Section 429.41(1)(a)2.i., F.S.

(c) During these time frames, the lack of a required fire sprinkler system shall not be grounds for denial of a “Satisfactory Firesafety Inspection.”

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.02, 429.41, 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.027, Amended 1-15-07,__________.

 

69A-40.028 Standards of the National Fire Protection Association Adopted.

Unless the ALF is a legacy facility as defined in subsection 69A-40.027(5), F.A.C., the uniform firesaftey standards applicable to ALFs in Florida, including other buildings or structures located on the premises of said ALFs, are the standards of the National Fire Protection Association for life safety from fire, as they relate to ALFs, in the editions of the 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. Assisted living facilities shall comply with Chapters 22 or 23, of the “Life Safety Code,” NFPA 101, 1994 Edition, adopted and incorporated herein by reference, except as modified by Chapter 429, F.S.

(a) When Chapters 22 and 23 of NFPA 101 Life Safety Code, 1994 edition, refer to other chapters or sections of the Code or other NFPA standards, the referenced standard shall be as stated in chapter 32, NFPA 101, Life Safety Code, 1994 edition, as is adopted and incorporated in subsection (1), above. Those standards are adopted and incorporated by reference and are as follows:

NFPA 10-1990, Standard for Portable Fire Extinguishers

NFPA 13-1994, Standard for the Installation of Sprinkler Systems

NFPA 13D-1994, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes

NFPA 13R-1994, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height

NFPA 14-1993, Standard for the Installation of Standpipe and Hose Systems

NFPA 25-1992, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems

NFPA 30-1993, Flammable and Combustible Liquids Code

NFPA 31-1992, Standard for the Installation of Oil Burning Equipment

NFPA 40-1988, Standard for the Storage and Handling of Cellulose Nitrate Motion Picture Film

NFPA 45-1991, Standard on Fire Protection for Laboratories Using Chemicals

NFPA 54-1992, National Fuel Gas Code

NFPA 58-1992, Standard for Storage and Handling of Liquefied Petroleum Gases

NFPA 70-1993, National Electrical Code

NFPA 72-1993, National Fire Alarm Code

NFPA 80-1992, Standard for Fire Doors and Fire Windows

NFPA 82-1994, Standard on Incinerators and Waste and Linen Handling Systems and Equipment

NFPA 88A-1991, Standard for Parking Structures

NFPA 90A-1993, Standard for the Installation of Air Conditioning and Ventilating Systems

NFPA 90B-1993, Standard for the Installation of Warm Air Heating and Air Conditioning Systems

NFPA 91-1992, Standard for Exhaust Systems for Air Conveying of Materials

NFPA 96-1994, Standard for Ventilation Control and Fire Prevention of Commercial Cooking Operations

NFPA 99-1993, Standard for Health Care Facilities

NFPA 102-1992, Standard for Assembly Seating, Tents, and Membrane Structures

NFPA 110-1993, Standard for Emergency and Standby Power Systems

NFPA 111-1993, Standard on Stored Electrical Energy Emergency and Standby Power Systems

NFPA 211-1992, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances

NFPA 220-1992, Standard on Types of Building Construction

NFPA 241-1993, Standard for Safeguarding Construction, Alteration, and Demolition Operations

NFPA 251-1990, Standard Methods of Fire Tests of Building Construction and Materials

NFPA 252-1990, Standard Methods of Fire Tests of Door Assemblies

NFPA 253-1990, Standard Methods of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source

NFPA 255-1990, Standard Method of Test of Surface Burning Characteristics of Building Materials

NFPA 256-1993, Standard Methods of Fire Tests of Roof Coverings

NFPA 257-1990, Standard for Fire Tests of Window Assemblies

NFPA 260-1994, Standard Methods of Tests and Classification Systems for Cigarette Ignition Resistance of Components of Upholstered Furniture

NFPA 261-1994, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes

NFPA 265-1994, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Wall Coverings

NFPA 701-1989, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films

NFPA 703-1992, Standard for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials

NFPA 1126-1992, Standard for the Use of Pyrotechnics before a Proximate Audience

(b) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269. All standards incorporated by reference in this rule are also available for public inspection during regular business hours at the Division of Fire Marshal, Larson Building, 200 East Gaines Street, Tallahassee, Florida.

(3) The Evacuation Capability Evaluation shall be in accordance with chapter 5, NFPA 101A, Guide on Alternative Approaches to Life Safety, 1995 edition, which is adopted and incorporated herein by reference.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 429.41, 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.028, Amended __________.

 

69A-40.029 Evacuation Capability Evaluation in Legacy Facilities.

(1) The assisted living facility administrator of a legacy facility shall conduct an “Evacuation Capability  Evaluation” and the local AHJ authority having jurisdiction shall validate the evacuation capability evaluation as required in section 429.41(1)(a), F.S. For purposes of this rule section, “validate” shall mean that the evacuation capability evaluation forms are reviewed by the local AHJ authority having jurisdiction to ensure insure completeness in accordance with Chapter 5, NFPA 101A, Guide on Alternative Approaches to Life Safety, 1995 edition, as provided in section 429.41(1)(a)2.d., F.S. incorporated in subsection 69A-40.028(3), F.A.C.

(2) A Existing, licensed, sprinklered legacy facility is ALF’s are not required to conduct an evacuation capability evaluation. The State Fire Marshal’s office does recommend that evacuation capability be determined using a method acceptable to the local AHJ authority having jurisdiction over firesafety.

(3) Residents shall be permitted to relocate to a “Point of Safety” as defined in subsection 69A-40.027(9), F.A.C., and as specified in Section 429.41(1)(a)1.a., F.S.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 429.41(1)(a), 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.029, Amended __________.

 

69A-40.031 Automatic Fire Sprinkler Systems.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 429.41(1)(a), 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.031, Repealed __________.

 

69A-40.033 Cooking Operations in Legacy Facilities Heating, Ventilating, and Air Conditioning Equipment.

In accordance with the applicable sections of Chapters 22 and 23, NFPA 101, Life Safety Code®, 1994 edition, small legacy facilities (16 or fewer residents) are not required to comply with NFPA 96, Standard on Ventilation Control and Fire Protection of Commerical Cooking Operations. Large legacy facilities shall comply with NFPA 96 (1994 Edition), which is hereby incorporated by reference. NFPA 96 is copyrighted material that cannot be copied but may be: (i) viewed during regular business hours at the Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida; or (ii) purchased by contacting the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone [phone], Website www.nfpa.org.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 429.41, 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.033, Amended __________.

 

69A-40.035 Code Conflict Resolution.

(1) Code enforcement conflict resolution of code issues cited by local government shall be resolved by the local governmental agency and city and/or county enforcement boards which have been established pursuant to chapters 553 and/or 633, F.S. and identified in Section 553.73, F.S.

(2) Code enforcement conflict resolution of code issues cited by the Agency for Health Care Administration (AHCA) should be resolved between the Agency for Health Care Administration and the AHJ authority having jurisdiction.

(3) The State Fire Marshal’s Office is the final administrative interpreting authority and as such will render interpretations and explanations of the codes.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 633.206 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.035, Amended __________.

 

69A-40.036 Fire Exit Drills in Legacy Facilities.

(1) An existing, unsprinklered legacy facility ALF shall conduct fire exit drills monthly and at least twelve fire drills shall have been conducted during the previous year (four times per year on each new shift). Legacy New facilities with eight or fewer residents and a “Prompt” evacuation capability evaluation shall follow the above guidelines. If facility has been in operation less than one year, it shall be permitted to have conducted a fire drill for each month of its operation.

(2) A new or existing sprinklered legacy facility ALF shall conduct at least six fire drills per year, one every two months, with a minimum of two drills conducted during the night when residents are sleeping.

(3) Legacy facilities that are fully sprinklered and in compliance with other firesafety standards are not required to conduct more than one of the two required nighttime fire drills between the hours of 11:00 p.m. and 7:00 a.m. per year.

(4) Residents shall be permitted to relocate to a “Point of Safety” as defined in subsection 69A-40.027(8), F.A.C., and as specified in Section 429.41(1)(a), F.S.

Rulemaking Authority 633.104, 633.206 622.206 FS. Law Implemented 429.11, 429.41, 633.206 FS. History–New 1-7-97, Formerly 4A-40.036, Amended __________.

 

69A-40.037 Intergenerational Respite Care Assisted Living Facility.

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.41, 633.206 FS. History–New 1-15-07, Repealed __________.

 

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

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: July 1, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 12, 2017