Definitions, Standards of the National Fire Protection Association Adopted, Occupancy Capacity of Each AFCH, Evacuation Capability, Fire Exit Drills

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NOS.:RULE TITLES:

69A-57.002Definitions

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

NOTICE OF CHANGE

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. 42 No. 231, November 30, 2016 issue of the Florida Administrative Register.

These changes are being made to address comments expressed by the Joint Administrative Procedures Committee.

69A-57.002 Definitions.

As used in these rules:

(1) through (6) No change.

(7) “Occupant” means a resident of the adult family care home other than the provider or the provider’s family.

(8) through (11) renumbered (7) through (10) No change.

Rulemaking Authority 429.73(2), 633.104(1) FS. Law Implemented 429.73(2), 633.206 FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.002, Amended__________.

 

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

The following portions of the National Fire Protection Association (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., apply to and the following portions are incorporated by reference in this rule chapter:

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

(2) No change.

(3) 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 Sections 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, of Chapter 32, NFPA 101 to be considered to have met the firesafety requirements under Rule 69A-57.005, F.A.C. Sections 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32 are adopted and incorporated by reference in subsection 69A-60.004(1), F.A.C.

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) residents occupants in any AFCH. The maximum number of residents 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 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) through (4) ) No change.

(5)  During each fire exit drill, all residents 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. 02/2017 05/16), Fire Exit Drill Records for Adult Family Care Homes, which is hereby adopted and incorporated into these rules by reference. 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__________.