69A-38.020. Scope

(1) These rules apply to any residential developmental disabilities facility required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to section 393.067, F.S. In any determination of the number of persons living in a facility, only those persons who are clients as defined in section 393.13(4), F.S., shall be counted. Intermediate care facilities for the developmentally disabled are licensed by the Agency for Health Care Administration pursuant to chapter 400, part VIII, F.S. The Agency for Persons with Disabilities and the Agency for Health Care Administration are affected by these rules.

(2) These rules are concerned with life safety during fires and similar emergencies. They address particular matters of construction, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes, or panic before buildings are vacated. They specify the number, size and arrangement of exit facilities sufficient to permit prompt escape of occupants from buildings or structures in case of fire or other conditions dangerous to life.

(3) This rule chapter shall apply as follows:

(a) Part II, rules 69A-38.023-69A-38.027, F.A.C., shall apply to any residential facility, as defined in section 393.063(28), F.S., including any:

1. Group home facility, as defined in section 393.063(17), F.S., serving more than six clients,

2. Residential habilitation center, as defined in section 393.063(30), F.S., and,

3. Comprehensive transitional educational program, as defined in Section 393.063(8), F.S., which is providing room and board for individuals with developmental disabilities and that is required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to section 393.067, F.S. These rules do not apply to day care centers or residential child-care facilities.

(b) Part III, rules 69A-38.028-69A-38.031, F.A.C., shall apply to intermediate care facilities for developmentally disabled persons, as defined in section 393.063(22), F.S.

(c) Part IV, rules 69A-38.032-69A-38.038, F.A.C., shall apply to any:

1. Foster care facility as defined in section 393.063(16), F.S., and,

2. Group home facility as defined in section 393.063(17), F.S., serving six or fewer clients.

Rulemaking Authority 633.104(1), 633.206(2)(a) FS. Law Implemented 633.104(1), 633.206(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.020, Amended 7-30-07, 8-11-11.