RULE NO: RULE TITLE
69A-38.018: Title
69A-38.019: Purpose
69A-38.020: Scope
69A-38.021: Discretionary Powers of the Authority Having Jurisdiction
69A-38.024: Documentation of Client's Evacuation Status
69A-38.026: Operating Features
69A-38.028: Standards of the National Fire Protection Association Adopted
69A-38.029: Documentation of Client's Evacuation Status
69A-38.030: Operating Features
69A-38.031: Special Features
69A-38.032: Standards of the National Fire Protection Association Adopted
69A-38.033: Documentation of Client's Evacuation Status
69A-38.034: Operating Features
69A-38.035: Emergency Egress and Relocation Drills
69A-38.036: Inspections
69A-38.037: Cooking Equipment; Exception
69A-38.038: Special Requirements
PURPOSE AND EFFECT: The purpose of these rules is to update Rule Chapter 69A-38, F.A.C., to accommodate new and amended provisions of Chapter 393, F.S. The effect of this rule development will be to assist the Agency for Persons with Disabilities, the Agency for Health Care Administration and the individual owners of the affected facilities in complying with the firesafety requirements of Section 633.022, F.S., and the applicable codes and standards.
SUBJECT AREA TO BE ADDRESSED: Firesafety in residential facilities for developmentally disabled persons, as provided in Section 633.022, F.S.
SPECIFIC AUTHORITY: 633.01, 633.01(1), 633.022 FS.
LAW IMPLEMENTED: 633.01, 633.01(1), 633.022, 633.022(1), 633.022(1)(b) 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: Tuesday, September 19, 2006, 9:00 a.m.
PLACE: Conference Room 120, Peterson Building, 200 North Kentucky Avenue, Lakeland, 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: Millicent King, (850)413-3619, Fax: (850)414-6119. 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 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: (850)413-3171; Fax: (850)414-6119

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

PART I GENERAL

69A-38.019 Purpose.

The purpose of this rule chapter is to comply with Section 393.067(8), F.S., which states that the Agency for Persons with Disabilities shall adopt rules relating to certain entities identified therein based on uniform firesafety standards established by the State Fire Marshal. This rule chapter establishes those uniform firesafety standards and specifies ~~specify~~ measures to provide a reasonable degree of public safety from fire in residential facilities for individuals with developmental disabilities. ~~For purposes of brevity, these facilities will be referred to throughout these rules as “developmental disabilities facilities.”~~ These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary inconvenience, or interference with the normal use and occupancy of a building, but at the same time insist upon compliance with a uniform standard for life safety necessary in the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.019, Amended_________.

69A-38.020 Scope.

(1) These rules establish minimum standards for ~~apply to~~ any residential developmental disabilities facility required to be licensed by the Florida Agency for Persons with Disabilities ~~Department of Children and families~~, pursuant to Section 393.067, F.S., Rule 65B-38.005, and Chapter 65B-6, F.A.C., and any Intermediate care facilities for the developmentally disabled required to be licensed by the Agency for Health Care Administration pursuant to Chapter 400, Part XI, F.S. In any determination of the number of persons living in a facility, only those persons who are clients as defined in Section 393.062 393.13(4), F.S., shall be counted.

(2) No change.

(3) This rule chapter establishes minimum standards ~~shall apply~~ as follows:

(a) Part II establishes minimum standards for all residential facilities as defined in Section 393.063(34), F.S., including any group home facility, residential habilitation center, and comprehensive transitional education program 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., and Chapter 65B-6, F.A.C. Part II does not establish minimum standards for day care centers or residential child-care facilities licensed by the Department of Children and Families. shall apply to any residential facility, as defined in Section 393.063(39), F.S., which is providing room and board and personal care for individuals with developmental disabilities required to be licensed by the Florida Department of Children and Family Services, pursuant to Section 393.067, F.S., and Chapter 65B-6, F.A.C. These rules do not apply to day care centers or residential child care facilities.

(b) Part III establishes minimum standards for ~~shall apply to~~ intermediate care facilities for developmentally disabled persons, as defined in Section 393.063(24)~~(28)~~, F.S., that are licensed pursuant to Chapter 65B-38, F.A.C.

1. Foster care facilities, as defined in Section 393.063(19), F.S., and

2. Group home facilities, as defined in Section 393.063(20), F.A.C., serving five or fewer clients, and licensed pursuant to Chapter 65B-6, F.A C.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.020, Amended________.

69A-38.021 Discretionary Powers of the Authority Having Jurisdiction.

The authority having jurisdiction, as set forth in Section 633.121, F.S., may modify these rules under the following conditions:

(1) No change.

(2) Alternatives and/equivalency shall be documented and such documents shall be provided to the authority having jurisdiction and the property owner. Such documentation shall meet the requirements of Section 1-4 ~~1-5~~ of NFPA-101 edition as adopted in Rule 69A-3.012, F.A.C.

(a) through (c) No change.

(3) Alternative and or equivalency determinations of existing facilities shall be considered during subsequent inspections for fire safety. If in the opinion of the authority having jurisdiction, the previous determinations are no longer applicable, then additional fire code requirements shall ~~may~~ be imposed. A brief statement describing the fire code requirements in light of previous alternative and / equivalency determinations shall be provided to the owner of the property.

(4) No change.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.021, Amended________.

PART II FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES EXCLUDING INTERMEDIATE CARE FACILITIES, FOSTER CARE FACILITIES, AND GROUP HOME FACILITIES SERVING FIVE OR FEWER CLIENTS.

69A-38.024 Documentation of Client’s Evacuation Status.

Documentation of a cClient’s evacuation status shall be based on the speed of evacuation. Speed of eEvacuation is to be determined via documentation of actual fire drills conducted with the Agency for Persons with Disabilities ~~Department of Children and Family Services~~ personnel present, as evidenced by their signature on at least two fire drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate clients’ evacuation status.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.024, Amended________.

69A-38.026 Operating Features.

Each facility coming within the scope of PART II shall comply with ~~the provision of~~ Sections 32-7 or 33-7 of NFPA 101, whichever is applicable.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.026, Amended ________.

PART III INTERMEDIATE CARE FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES (ICF/DD)

69A-38.028 Standards of the National Fire Protection Association Adopted.

The standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, Chapter 32 for New and Chapter 33 for Existing Facilities, in the edition adopted in Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to intermediate care facilities for persons with developmental disabilities.

(1) The appropriate chapters of the standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to intermediate care facilities for the developmentally disabled, except as modified by this rule.

(2) The appropriate fire safety inspector shall verify the occupancy status by reviewing the license issued by the Agency for Health Care Administration or, in the case of a new facility, a copy of the application for licensure.

(3) Facilities for persons with developmental disabilities shall be inspected in accordance with the occupancy status as determined by the Agency for Health Care Administration as follows:

(a) New facilities with an occupancy status for providing personal care shall be governed by NFPA 101, adopted by reference in Rule 69A-3.012 F.A.C, Chapter 32, “New Residential Care and Board Occupancies;” existing facilities shall be governed by Chapter 33, “Existing Residential Care and Board Occupancies.”

(b) New facilities with an occupancy status for providing nursing or convalescent care shall be governed by NFPA 101, adopted by reference in Rule 69A-3.012, F.A.C., Chapter 18, “New Health Care Occupancies;” existing facilities shall be governed by Chapter 19, “Existing Health Care Occupancies.”

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1) FS. History–New 10-30-90, Amended 9-22-92, 7-11-01, Formerly 4A-38.028, Amended ________.

69A-38.029 Documentation of Client’s Evacuation Status.

Documentation of a client’s evacuation status shall be based on the speed of evacuation. Speed of evacuation is to be determined via documentation of actual fire drills conducted with the Agency for Health Care Administration personnel present, as evidenced by their signature on at least two fire drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate a client’s evacuation status. ~~The procedure outlined in Rule 69A-38.024, F.A.C., shall also apply to this part.~~

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.029, Amended ________.

69A-38.030 Operating Features.

Each intermediate care facility for the developmentally disabled shall comply with the appropriate operating procedures ~~provision~~ ~~of Sections 32-7 or 33-7~~ of NFPA 101~~, whichever is applicable~~. Unless otherwise authorized by the authority having jurisdiction, fire exit drills shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine. They shall be conducted no less frequently than once per month and shall be properly documented.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.030, Amended________.

PART IV FOSTER CARE FACILITIES AND GROUP HOME FACILITIES SERVING FIVE OR FEWER CLIENTS

69A-38.032 Standards of the National Fire Protection Association Adopted.

The standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, Chapter 32, “New Residential Board and Care Occupancies,” and Chapter 33, “Residential Board and Care Occupancies,” the edition as adopted in Rule 69A-3.012, F.A.C., shall be the uniform firesafety standards required for this state with respect to foster care facilities and group home facilities serving five or fewer clients, except as modified by this rule.

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

69A-38.033 Documentation of Client’s Evacuation Status.

Documentation of a client’s evacuation status shall be based on the speed of evacuation. Speed of evacuation is to be determined via documentation of actual fire drills conducted with the Agency for Persons with Disabilities personnel present, as evidenced by their signature on at least two fire drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate a clients’ evacuation status.

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

69A-38.034 Operating Features.

Each new and existing facility coming within the scope of PART IV shall comply with the appropriate operating feature provisions of Sections 32.7 or 33.7 of NFPA 101, whichever is applicable.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_______.

69A-38.035 Emergency Egress and Relocation Drills.

(1) An emergency egress and relocation drill shall be conducted by each owner at each facility at least three (3) times per year. Each emergency egress and relocation drill shall be conducted at least 90 days after the previous emergency egress and relocation drill. The authority having jurisdiction is permitted to require an additional emergency egress and relocation drill in conjunction with an annual firesafety inspection.

(2) The purpose of each emergency egress and relocation drill is to familiarize each occupant with the procedures required for the safe, orderly, and expeditious exiting of the building or structure. All occupants shall exit the building or structure to a predetermined area of safety. The climate and weather conditions shall be taken into consideration when scheduling any emergency egress and relocation drill.

(3) Each emergency egress and relocation drill shall be conducted at an unexpected time and under varying conditions that may occur in the case of fires.

(4) During each emergency egress and relocation drill, all occupants shall evacuate the building independently or with staff assistance or any other available assistance, as needed.

(5) Each emergency egress and relocation drill shall be applicable to all occupants of the facility with emphasis on the safe, orderly, and expeditious exiting under proper discipline.

(6) Any occupant subject to an emergency egress and relocation drill shall proceed to a predetermined location outside the building and remain there until all occupants are accounted for. Occupants are permitted to return to the building only when allowed by the person conducting the emergency egress and relocation drill.

(7) The owner shall keep a record of each emergency egress and relocation drill on Form DFS-K4-1557, “Record of Emergency Egress and Relocation Drill,” (DFS-K4-1557, rev. 03/20/03) which is hereby adopted and incorporated into this rule chapter 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) The date the drill was conducted.

(b) The time of day the drill was conducted.

(d) Any unusual circumstance, in narrative or outline form, affecting the safe, orderly, and expeditious exit from the building.

(8) If the owner does not keep the record required by subsection (7) of this rule, or keeps it in a manner that is incomplete, incorrect, or otherwise does not contain the required information, another emergency egress and relocation drill must be performed as soon as possible and the results correctly recorded. In addition, the firesafety inspector shall advise the licensing agency that the facility is not maintaining compliance with the firesafety requirements.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_______.

69A-38.036 Inspections.

(1) The appropriate firesafety inspector shall conduct a firesafety inspection which must be determined to be satisfactory for each facility prior to its initial licensure and prior to the annual renewal of its license.

(2) The owner shall request a firesafety inspection from the authority having jurisdiction at least 30 days in advance of license expiration.

(3) The authority having jurisdiction or the Division is permitted to require additional firesafety inspections.

(4) The owner shall be responsible for requesting all required firesafety inspections in writing or electronic format, except for any additional firesafety inspections which may be required as provided in subsection (3) of this rule. All verbal inspection requests shall be followed by a written or electronic verification.

(5) Each required firesafety inspection shall be completed by the authority having jurisdiction, where available.

(6) Any time there is no authority having jurisdiction to perform a firesafety inspection, the owner shall notify the Division in writing or in an electronic format. The Division shall inspect or cause the facility to be inspected in accordance with Section 633.022, F.S.

(7) A local firesafety inspector, or if no local firesafety inspector is available, a special state firesafety inspector, certified in accordance with Chapter 633, F.S., shall complete each required firesafety inspection.

(8) The inspecting authority shall provide a copy of each inspection report to the licensing agency within thirty days after completing the inspection.

(9) For the purpose of meeting the fire safety inspection requirements of this subsection, a foster care facility or group home facility shall comply with the following:

(a) Smoke detectors shall be installed in accordance with Section 24.3.4.1 of NFPA 101, 2003 edition;

(b) Fireplaces, heaters, radiators, and other hot surfaces shall be shielded against accidental contact;

(d) Emergency evacuation instructions shall be posted in a conspicuous location;

(e) Combustible materials shall always be properly stored;

(f) All exits and stairs shall be free of storage or obstructions affecting egress;

(g) Temporary electrical wiring is prohibited;

(h) At least one working flashlight shall be provided for each sleeping room;

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_______.

69A-38.037 Cooking Equipment; Exception.

Notwithstanding any previous construction or interpretation of any law, rule, or code provision, any time a single domestic range or stove is used in an arrangement similar to that of a single family residence, the facility shall not be required to comply with NFPA 96, “Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations,” the edition as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_______.

69A-38.038 Special Requirements.

(1) Each foster care facility and group home facility within this part shall have installed at least one portable fire extinguisher with a minimum rating of 2A-10BC.

(2) No unvented fuel-fired heaters shall be permitted unless the heater is listed and approved for such use.

(3) All facilities shall have all parts of the means of egress sufficiently sized to allow for emergency exiting of clients who may be confined in wheelchairs and or beds when applicable.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New_______.