The purpose of this rulemaking is to address a Petition to Initiate Rulemaking filed by the Seminole County Department of Public Safety to amend Rule 69A-57.003, F.A.C. As well, the rulemaking revises Rules 69A-57.004, 69A-57.005, and 69A-57.006, F....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-57.003Standards of the National Fire Protection Association Adopted

69A-57.004Occupancy Capacity of Each AFCH

69A-57.005Evacuation Capability

69A-57.006Fire Exit Drills

PURPOSE AND EFFECT: The purpose of this rulemaking is to address a Petition to Initiate Rulemaking filed by the Seminole County Department of Public Safety to amend Rule 69A-57.003, F.A.C. As well, the rulemaking revises Rules 69A-57.004, 69A-57.005, and 69A-57.006, F.A.C., to more closely track the language utilized in the implementing statutes and clarify the requirements of the provisions. Lastly, the amendments will include an update to the form adopted in Rule 69A-57.006, F.A.C.

SUMMARY: The rulemaking addresses a Petition to Initiate Rulemaking, clarifies the requirements of several rule sections and updates a form.

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 Division of State Fire Marshal conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in subsection 120.541(1), F.S., and it 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: 429.73(2), 633.104(1), FS.

LAW IMPLEMENTED: 429.73(2), 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: Wednesday, January 4, 2017, 9:30 a.m.

PLACE: 116 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, 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: Casia Sinco, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, address: 200 East Gaines Street, Tallahassee, Florida 32399-0342, telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-57.003 Standards of the National Fire Protection Association from NFPA 101 Adopted.

(1) The following portions of National Fire Protection Association (NFPA) NFPA 101, the Code for Safety to Life from Fire in Buildings and Structures, known as the Life Safety Code, is adopted in subsection 69A-60.004(1), F.A.C., and the following portions are incorporated by reference in this rule chapter 2000 edition, are hereby adopted and incorporated herein by reference:

(1)(a) All of Chapter 24, “One and Two Family Dwellings,” except Section 24-3.4, “Detection, Alarm and Communication Systems.”

(2)(b) Sections 32.3.3.4.7 32-3.3.4.7, 32.3.3.4.8 32-3.3.4.8, and 32.3.3.5.5 32-3.3.5.5 only, of Chapter 32.

(3)(c) Each AFCH which does not meet the evacuation capability of prompt, but which does meet an evacuation capability of slow shall also comply with the requirements of SectionsSubdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101 National Fire Protection Association (NFPA) 101, 2000 edition, to be considered to have met the firesafety requirements under Rule 69A-57.005, F.A.C. Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, 2000 edition, are hereby adopted and incorporated by reference.

(d) During each fire exit drill, all occupants should evacuate the building on their own or with staff assistance or any other available assistance, as needed.

(2) 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 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Rulemaking Authority 429.73(2), 633.104(1) FS. Law Implemented 429.73(2), 633.206(1)(b) FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.003, Amended__________.

 

69A-57.004 Occupancy Capacity of Each AFCH.

Pursuant to subsection 58A-14.004(4), F.A.C., there shall be no more than five (5) 5 occupants in any AFCH. The maximum number of residents occupants in any particular AFCH shall be determined by the agency in consultation with the AHJ. Pursuant to subsection 429.67(7), F.S., any relative who lives in the AFCH and who is a disabled adult or frail elder must be counted as a resident. Relative means a relative of the provider who is licensed to operate the home. If the agency has been notified in writing that there is no AHJ, the agency shall consult with an authorized representative of the division concerning resident occupancy capacity.

Rulemaking Authority 429.73(2), 633.104(1) FS. Law Implemented 429.67(7), 429.73(2), 633.206(1)(b) FS. History–New 2-7-01, Formerly 4A-57.004, Amended__________.

 

69A-57.005 Evacuation Capability.

(1) No change.

(2) Subject to subsection (3)(4), if the AFCH does not achieve an evacuation capability of “prompt” during the fire exit drill, a second fire exit drill must be performed within thirty (30) 30 days of the fire exit drill in which the AFCH did not achieve an evacuation capability of “prompt.”

(3) If the AFCH does not achieve an evacuation capability of “prompt” during the first fire drill, but the AFCH does receive an evacuation capability of “slow,” and the AFCH is in compliance with Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, the AFCH shall be deemed to have met the required firesafety requirements Subject to subsection (4), if the AFCH does not achieve an evacuation capability of “prompt” during the second fire exit drill, the inspector shall notify the agency that the AFCH can no longer meet the required safety requirements.

(4) If the AFCH does not achieve an evacuation capability of “prompt” during the second fire exit drill, and does not comply with the requirements of subsection (3), the inspector shall notify the agency that the AFCH no longer meets the required safety requirements If the AFCH does not achieve an evacuation capability of “prompt” during the first fire drill, but the AFCH does receive an evacuation capability of “slow,” and the AFCH is in compliance with Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, 2000 edition, the AFCH shall be deemed to have met the required firesafety requirements and no notification under subsection (3) shall be provided to the agency.

(5) During each fire exit drill, all occupants must evacuate the building on their own or with staff assistance or any other available assistance, as needed.

Rulemaking Authority 429.73(2), 633.104(1) FS. Law Implemented 429.73(2), 633.206(1)(b) FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.005, Amended__________.

 

69A-57.006 Fire Exit Drills.

(1) through (5) No change.

(6) The provider shall keep a record of each fire exit drill on Form DFS-K3-1437 (rev. 05/16 1/2001), Fire Exit Drill Records for Adult Family Care Homes, which is hereby adopted and incorporated into these rules by reference, and shall take effect on the effective date of these rules. Copies of the form may be obtained by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The record shall list as a minimum:

(a) through (d) No change.

(7) through (8) No change.

Rulemaking Authority 429.73(2), 633.104(1) FS. Law Implemented 429.73(2), 633.206(1)(b) FS. History–New 2-7-01, Formerly 4A-57.006, 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: September 22, 2016

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