Paragraph 633.508(7)(a), F.S., authorizes the Division to prescribe by rule the safety devices, safeguards, or other means of protection that must be adopted for the prevention of accidents and injuries in every firefighter employee place of ...

 

DEPARTMENT OF FINANCIAL SERVICES

Division of State Fire Marshal

RULE NO.:RULE TITLE:

69A-62.024Standards for Construction, Repair, and Maintenance of Firefighter Employee Places of Employment

PURPOSE AND EFFECT: Paragraph 633.508(7)(a), F.S., authorizes the Division to prescribe by rule the safety devices, safeguards, or other means of protection that must be adopted for the prevention of accidents and injuries in every firefighter employee place of employment. The Division is also authorized to determine what suitable devices, safeguards, or other means of protection for the prevention of occupational diseases must be adopted or followed in any firefighter place of employment. Paragraph 633.508(7)(b), F.S., requires the Division to adopt rules that fix reasonable standards for the construction, repair, and maintenance of firefighter employee places of employment so as to render them safe.

SUMMARY: The proposed rule will require a firefighter employer to follow the Florida Building Code and the Florida Fire Prevention Code when constructing, altering, or repairing a fire department facility. A firefighter employer shall maintain fire department facilities in accordance with the Florida Fire Prevention Code. A firefighter employer shall follow the repair and maintenance recommendations set forth in section 9.3 of the National Fire Protection Association (NFPA) 1500 (2013 Edition). A firefighter employer shall follow the inspection recommendations set forth in section 9.2 of the NFPA 1500 (2013 Edition). A firefighter employer shall follow the smoke free designation recommendations set forth in section 9.1.7 of the NFPA 1500 (2013 Edition). A firefighter employer shall develop and maintain a schedule for the maintenance, inspection and testing of fire apparatus and equipment as set forth in sections 6.4.1 to 6.4.4 of the NFPA 1500 (2013 Edition).

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: 633.508(7)(a), (b) FS.

LAW IMPLEMENTED: 633.508(7)(a), (b), 633.520 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: August 22, 2014, 9:00 a.m.

PLACE: Florida State Fire College, 11655 NW Gainesville Road, Ocala, FL

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: Bill Wentlandt at [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: Bill Wentlandt, Assistant Superintendent, Bureau of Fire Standards and Training, 11655 NW Gainesville Rd., Ocala, FL 34482, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69A-62.024 Standards for Construction, Repair, and Maintenance of Firefighter Employee Places of Employment and the Inspection, Repair and Maintenance of Fire Apparatus.

(1) “Firefighter employer” is defined in subsection 633.504(2), F.S.

(2) A firefighter employer shall follow the Florida Building Code, which is incorporated by reference in Rule 61G20-1.001, F.A.C., and the Florida Fire Prevention Code, which is incorporated by reference in Rule Chapter 69A-60, F.A.C., when constructing, altering or repairing a fire department facility.

(3) A firefighter employer shall maintain fire department facilities in accordance with the Florida Fire Prevention Code, which is incorporated by reference in Rule Chapter 69A-60, F.A.C.

(4) A firefighter employer shall follow the repair and maintenance recommendations set forth in section 9.3, “Maintenance and Repairs,” of the National Fire Protection Association (NFPA) 1500, “Standard on Fire Department Occupational Safety and Health Program,” (2013 Edition), which is hereby incorporated by reference.

(5) A firefighter employer shall follow the inspection recommendations set forth in section 9.2, “Inspections,” of the National Fire Protection Association (NFPA) 1500, “Standard on Fire Department Occupational Safety and Health Program,” (2013 Edition), which is hereby incorporated by reference.

(6) A firefighter employer shall follow the smoke free designation recommendations set forth in section 9.1.7 of the National Fire Protection Association (NFPA) 1500, “Standard on Fire Department Occupational Safety and Health Program,” (2013 Edition), which is hereby incorporated by reference.

(7) A firefighter employer shall develop and maintain a schedule for the maintenance, inspection and testing of fire apparatus and equipment as set forth in sections 6.4.1 to 6.4.4, “Inspection, Maintenance and Repair of Fire Apparatus,” of the National Fire Protection Association (NFPA) 1500, “Standard on Fire Department Occupational Safety and Health Program,” (2013 Edition), which is hereby incorporated by reference.

(8) Copies of the above referenced NFPA standards can either 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) accessed in a read-only, non-printable, non-downloadable format at the NFPA’s website at http:www.nfpa.org/codes-and-standards/free-access; or (iii) purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

Rulemaking Authority 633.508(7)(a), (b) FS. Law Implemented 633.508(7)(a), (b) FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bill Wentlandt, Assistant Superintendent

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jeff Atwater, Chief Financial Officer and State Fire Marshal

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 18, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 13, 2014