To adopt standards for assisted living facilities which are also intergenerational respite care facilities.

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

RULE NO: RULE TITLE
69A-40.024: Scope
69A-40.027: Definitions
69A-40.037: Intergenerational Respite Care Assisted Living Facilities
PURPOSE AND EFFECT: To adopt standards for assisted living facilities which are also intergenerational respite care facilities.
SUBJECT AREA TO BE ADDRESSED: Assisted living facilities that are also intergenerational respite care facilities.
SPECIFIC AUTHORITY: 400.441, 633.01, 633.022 FS.
LAW IMPLEMENTED: 400.441, 633.022 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: September 7, 2006, 9:00 a.m. – 12:00 noon
PLACE: Room 116, Larson Building, 200 East Gaines Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jim Goodloe, Chief, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, FL 32399-0342, phone: [phone]; Fax: [phone]
Pursuant to the provisions of the Americans with Disabilities Act and Section 286.26, Florida Statutes, any person requiring special accommodations to participate in this program, please advise the Department at least 48 hours before the program by contacting Kimberly Riordan, [phone].

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

69A-40.024 Scope.

(1) These rules apply to any institution, building, or buildings, residence, private home, boarding home, home for the aged, or any other place, whether operated for profit or not, which is an assisted living facility under the definitions of Chapter 400, F.S., and of Chapter 58A-5, F.A.C., and include the intergenerational respite care assisted living facility created pursuant to Section 400.4071, F.S. These rules do not apply to transient rentals, as defined in Section 212.03, F.S.

(2) No change.

Specific Authority 400.441, 633.01, 633.022 FS. Law Implemented 400.441, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.024, Amended________.

 

69A-40.027 Definitions.

(1) through (5) No change.

(6) “Intergenerational Respite Care Assisted Living Facility” means a facility licensed pursuant to a 5 year pilot program established by the Agency for Health Care Administration to provide temporary personal, respite and custodial care to minors and adults with disabilities and elderly persons with special needs who do not require 24-hour nursing services, and that provides respite care services for minors and adults with disabilities and elderly persons with special needs for a period of at least 24 hours but not more than 14 consecutive days, in which minors and adults reside in distinct and separate living units, with a maximum of 48 beds located in Miami-Dade County, and is operated as a not-for-profit entity.

(7)(6) “NFPA” is the abbreviation for the National Fire Protection Association.

(8)(7) “Owner” shall refer to the person, partnership, association, or corporation that owns the assisted living facilities enterprise, whether licensed or not. In the event a facility is operated by a person that leases the physical plant which is owned by another person, “owner” means the person that operates the facility. When the person that owns the physical plant is an affiliate of the person that operates the facility and has significant control over the day-to-day operation for the facility, he is considered an owner of the facility.

(9)(8) “Point of Safety” shall be as defined in Chapter 22 and 23, NFPA 101, Life Safety Code, incorporated by reference in subsection 69A-40.028(1), F.A.C.

(10)(9)(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 400.441(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.”

Specific Authority 400.441, 633.01, 633.022 FS. Law Implemented 400.441, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.027, Amended________.

 

69A-40.037 Intergenerational Respite Care Assisted Living Facility.

(1) The living area for any minor, including the available means of egress, shall be on the level of exit discharge.

(2) Each living area or portion of living area for personal use, comprised of bathrooms, bathing areas, and sleeping areas serving minors, shall be served by exits separate from those serving other intergenerational respite care residents.

(3) Any exit designed to serve both minors and adults in any area other than the living area or portion of the living area for personal use referred to in subsection (2), such as living rooms and dining areas, shall be increased in size to 1.5 times the minimum required egress width.

Specific Authority 400.441, 633.01, 633.022 FS. Law Implemented 400.441, 633.022 FS. History–New __________.