The State Fire Marshal’s office is updating Rule 69A-54.006, F.A.C., to refer to the most recent editions of the NFPA Standard. Further, the proposed amendments delete outdated standards and regulations.

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-54.006Mattresses

PURPOSE AND EFFECT: The State Fire Marshal’s office is updating Rule 69A-54.006, F.A.C., to refer to the most recent editions of the NFPA Standard. Further, the proposed amendments delete outdated standards and regulations.

SUMMARY: This rulemaking adopts the most current version of the applicable NFPA Standard and deletes standards and regulations that are no longer applicable.

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 rule amendments do not impose any costs. The Division of State Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that the impact does not exceed any of the criteria established in subsection 120.541(1), F.S., and the rule amendment therefore does not require legislative ratification pursuant to subsection 120.541(3), F.S.

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) FS.

LAW IMPLEMENTED: 633.104(1), 633.206(1)(b) 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 1, 2015, 9:30 a.m. or at the conclusion of Rule 69A-50.015, F.A.C. hearing.

PLACE: 142 Larson Building, 200 East Gaines Street, 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: Casia Sinco, [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, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399-0342, phone: [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-54.006 Mattresses.

(1) Polyurethane mattresses are prohibited in correctional facilities.

(1)(2) Existing cotton core mattresses, with fire retardant treated cotton, may be used in areas of high risk of intentional ignition or where rescue or evacuation will be impeded. Wherever possible, cover existing cotton mattresses with a fire retardant outer cover.

(2)(3) New purchases of mattresses for new or existing correctional facilities shall meet be for fire retardant cotton core with durable fire retardant outer coverage, or fiber-filled material conforming to the flammability requirements set forth in as provided in NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C. the following standards:

(a) 16 Code of Federal Regulations, Part 1632, revised as of January 1, 2001, which is incorporated herein by reference; or

(b) U.L. Standard 1895, Standard for Fire Test of Mattresses, Third Edition, Dated February 11, 2000, which is incorporated herein by reference, or

(c) ASTM E 906-99, which is incorporated herein by reference.

(4) General Services Standard, 850-500-170 may be obtained by writing to the State Fire Marshal at 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the office of the State Fire Marshal at the Atrium, Third Floor, 325 John Knox Road, Tallahassee, Florida 32303.

(5) ASTM E 906 may be obtained by contacting the American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, New York 10036 or by visiting the office of the State Fire Marshal at the Atrium, Third Floor, 325 John Knox Road, Tallahassee, Florida 32303.

Rulemaking Authority 633.104(1) FS. Law Implemented 633.104(1), 633.206(1)(b) FS. History–New 6-6-90, Amended 4-4-95, 11-21-01, Formerly 4A-54.006, Amended______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer, Department of Financial Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 30, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2015