Definitions, Heating, Ventilating, and Air Conditioning Equipment, Fire Exit Drills  



    Division of State Fire Marshal



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

    69A-40.036Fire Exit Drills


    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 133, July 10, 2019 issue of the Florida Administrative Register.

    69A-40.027 Definitions.

    (1) through (7) No change.

    (8)(a) “Satisfactory firesafety inspection” shall mean there are no uncorrected firesafety deficiencies in the 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) 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 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.”


    69A-40.033 Cooking Operations in Legacy Facilities.

    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 for 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; (ii) viewed during regular business hours at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida; or (iii) purchased by contacting the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone 1-800-344-3555, Website


    69A-40.036 Emergency Egress and Relocation Fire Exit Drills in Legacy Facilities.

    (1) An unsprinklered legacy facility shall conduct emergency egress and relocation 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 facilities with eight or fewer residents and a “Prompt” evacuation capability evaluation shall follow the above guidelines. If the legacy facility has been in operation less than one year, it shall be permitted to have conducted an emergency egress and relocation fire drill for each month of its operation. 

    (2) A sprinklered legacy facility shall conduct at least six emergency egress and relocation 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 as determined by the AHJ are not required to conduct more than one of the two required nighttime emergency egress and relocation fire drills between the hours of 11:00 p.m. and 7:00 a.m. per year.

    (4) No change.