The proposed amendments will update the rules by deleting obsolete language and clarifying the definitions of “fatality,” “hazard,” and “illness.”

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-62.0001Definitions

69A-62.021Minimum Requirements for a Firefighter Employer Comprehensive Safety and Health Program

69A-62.030Definitions

PURPOSE AND EFFECT: The proposed amendments will update the rules by deleting obsolete language and clarifying the definitions of “fatality,” “hazard,” and “illness.”

SUMMARY: Rule 69A-62.0001, F.A.C., is amended to update a statutory citation and delete a citation to a repealed rule. Rule 69A-62.021, F.A.C., is amended to remove a reference to a website that is no longer available. Rule 69A-62.030, F.A.C., is amended to update several definitions.

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: 633.104(1), 633.128(1)(a), 633.506, 633.508, 633.516, 633.518, FS.

LAW IMPLEMENTED: 633.128(1)(a), 633.504, 633.508, 633.512, 633.516, 633.520, 633.522, 633.526, 633.518, 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: Tuesday, September 5, 2017 @ 10:00 a.m.

PLACE: Florida State Fire College, 11655 N.W. Gainesville Road, Ocala FL 34482

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: Mike Tucker, telephone: [phone], email: [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: Mike Tucker, Superintendent, Florida State Fire College, Bureau of Fire Standards and Training, Department of Financial Services, address: 11655 N.W. Gainesville Rd., Ocala, FL 34482, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-62.0001 Definitions

Unless the text or context clearly requires otherwise, the definitions in Section 633.504, F.S., are applicable to this rule chapter. In addition, for purposes of this rule chapter, the following definitions apply.

(1) “Act” means Sections 633.502 through 633.536 -.508, F.S.

(2) through (3) No change.

(4) “Fire department” means any local fire department or fire district in the state responsible for municipal or county fire protection as recognized by the appropriate municipal or county government or the state. A fire department has the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department, and which is in compliance with Rule 69A-62.006, F.A.C. These duties, functions, powers, and responsibilities include but are not limited to the protection and saving of life and property against fire, explosions, and other hazards, the prevention and extinguishment of fires, and the enforcement of municipal, county, and state fire prevention codes, as well as of any law pertaining to the prevention and control of fires and hazardous materials incident mitigation.

(5) through (8) No change.

Rulemaking Authority 633.104(1), 633.128(1)(a), 633.508 FS. Law Implemented 633.128(1)(a), 633.504, 633.508 FS. History–New 9-6-04, Amended_________.

 

69A-62.021 Minimum Requirements for a Firefighter Employer Comprehensive Safety and Health Program

(1) through (2) No change.

(3) Safety and Health Training Program. Each firefighter employer shall implement a written safety and health training program, which shall address or include:

(a) through (c) No change.

(d) The firefighter employer shall ensure and document that each authorized emergency vehicle operator has completed a 16-hour course of instruction, on driving an authorized emergency vehicle, as defined by subsection Section 316.003(1), F.S., which includes, at a minimum, classroom and behind-the-wheel training in a vehicle of the largest size, type and class used for emergency response by the firefighter employer. Additionally, emergency vehicle operators shall be familiarized with any firefighter employer vehicles prior to operating the vehicle. The training shall consist of the following:

1. through 2. No change.

A list of approved courses/providers is posted on the “Firefighter Safety and Health” webpage at http://www.myfloridacfo.com/sfm/bfst/SafetyHealth/SafetyForms.htm or may be obtained from the Safety Program Office of the Bureau of Fire Standards and Training by calling [phone]. Fire Department or Training Center requests for the approval of other courses must be directed to the same office.

(e) through (k) No change.

(4) through (7) No change.

Rulemaking Authority 633.506, 633.508, 633.516 FS. Law Implemented 633.508, 633.512, 633.516, 633.520, 633.522, 633.526 FS. History–New 9-6-04, Amended 6-6-07, 1-1-09, 5-22-11, __________.

 

69A-62.030 Definitions

Part III of this rule chapter incorporates by reference the definition of “occupational disease” contained in subsection 440.151(2), F.S., and the definitions contained in Section 440.02, F.S. Further, with respect to Part III of these rules, the division adopts the following definitions:

(1) through (3) No change.

(4) “Fatality” means any firefighter employee death that occurs as a result of workplace injury, illness, or occupational disease and. The term includes a firefighter employee death that results from workplace injury, illness, or occupational disease within one year of the report of the injury, illness, or disease to the Division of Workers’ Compensation of the Department of Financial Services.

(5) “Hazard” means the risk of exposure to materials, processes, or operating procedures or practices that can produce a harmful effect by causing injury, illness, occupational disease, or fatality.

(6) “Illness” or “occupational illness” means any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment. Illness It includes acute and chronic illnesses or diseases that may be caused by inhalation, absorption, ingestion, or direct contact with an environmental factor.

(7) No change.

(8) “Multiple Injury Event” means either a single event during an incident that three or more firefighters receive serious incident level injuries such as a vehicle crash, or firefighters injured from a falling wall, or three of the same type of serious incident level injuries sustained during an entire incident such as three smoke inhalation injuries at the same fire.

(9) through (11) renumbered to (8) through (10) No change.

Rulemaking Authority 633.518 FS. Law Implemented 633.518 FS. History–New 9-6-04, Amended 6-30-14, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mike Tucker, Superintendent, Florida State Fire College

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 9, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 30, 2016