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. 32 No. 32, August 11, 2006 issue of the Florida Administrative Weekly.
UNIFORM FIRESAFETY STANDARDS FOR EDUCATIONAL FACILITIES
69A-58.002 Scope: New Construction and Existing Facilities.
(1) through (3) No change.
(4) Existing educational and ancillary facilities shall comply with the applicable provisions of NFPA 1 and NFPA 101, the Florida editions adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C., except as modified by Chapter 1013, F.S., and this rule chapter.
(5) Any time NFPA 1 or NFPA 101 refers to any other NFPA standard that has not been adopted by the Division of State Fire Marshal in this rule chapter, the referenced standard shall be the Florida edition adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C.
(6) Community colleges shall comply with the applicable chapters of NFPA 1 and NFPA 101, the Florida editions adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C., in accordance with the following:
(a) through (c) No change.
(7) through (10) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.002, Amended_________.
69A-58.003 Definitions.
As used in this rule chapter, the following definitions apply:
(1) through (9) No change.
(10) “FISH” means Florida Inventory of School Houses.
(11)(10) “Florida Fire Prevention Code” means the Florida Fire Prevention Code as adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C.
(12)(11) No change.
(13)(12) “New” facility means a facility that has not been occupied nor issued a building permit certificate of occupancy prior to the effective date of this edition of this rule chapter.
(14)(13) ”NFPA 1” means the National Fire Protection Code 1, entitled the “Uniform Fire Code,” the Florida edition as adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C.
(15)(14) “NFPA 101” means the National Fire Protection Association Code 101, entitled the “Life Safety Code,” the Florida edition as adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C.
(15) through (17) renumbered (16) through (18) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.003, Amended ________.
69A-58.0031 New Construction.
(1) New construction and new buildings are subject to and controlled by the Florida edition of NFPA 1, the edition as adopted in Rule 69A-3.012, F.A.C. 2003 edition, in Chapter 20, relating to “Educational occupancies” and the Florida edition of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C. 2003 edition, Chapter 14, “New educational occupancies,” except where specifically otherwise provided in this rule chapter.
(2) Notwithstanding any rule or adopted code or standard in conflict herewith, the following procedures apply with respect to new construction and new buildings.
(a) Prior to commencement of any new construction or remodeling:
1. The board shall approve or cause to be approved the plans, drawings, designs, proposals, blueprints, and other construction or remodeling documents and evaluate the same for complete compliance with the Florida Fire Prevention Code in accordance with Section Chapter 1013.38(1)(2), F.S., or
2. No change.
(b) through (c) No change.
(d) The board shall provide to the fire fighting authority charged with responding to calls at the subject educational facility a copy of the site plan for each educational plant in which site conditions will be affected. Such local fire fighting authority shall review the site plans for compliance with Chapter 18 of the Florida Edition of NFPA 1, “Fire Department Access and Water Supply,” and this rule chapter. The local fire fighting authority shall review and provide approval or comments to the board within 15 days of receipt. If the local fire fighting authority fails to provide approval or comments to the board within 15 days of receipt, the site plan shall be deemed compliant.
(3) through (4) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.003, Amended__________.
69A-58.004 Firesafety Inspections.
(1) No change.
(a) through (b) No change.
(2) The inspections in subsection (1), paragraphs (a) and (b):
(a) through (b) No change.
(c) Shall be performed in accordance with any applicable firesafety code or standard, such as NFPA 101, the edition as adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C., or any other applicable code or standard which has been adopted in this rule chapter; and
(d) through (5)(h) No change.
(i) A report of each deficiency noted during the inspection. Each deficiency report shall contain:
1. The building name or number and, if applicable, the FISH number of the room or building in which the violation was noted;
2. through 11. No change.
(6) The inspection reports required by subsection (1) shall be submitted to the division by June 30, of each year.
(a) The board shall either:
1. Forward one copy of the completed inspection report for each inspection conducted by the board to the division electronically by entering it into the “School Inspection Reporting System” database, or
2. Submit the report in any legible format with each violation coded in accordance with Form DFS-KL3-1674 (Rev. 02-06) the “School Inspection Reporting System” database schedule which is adopted herein by reference (Schedule A) and retain the original. A copy of the form can be obtained at the Department’s website located at www.fldfs.com/SFM/, or by mailing a request to The Florida State Fire Marshall, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.
(b)The local fire official shall either:
1. Forward one copy of the completed inspection report for each inspection conducted by the board to the division electronically by entering it into the “School Inspection Reporting System” database, or
2. Submit the report in any legible format with each violation coded in accordance with Form DFS-KL3-1674 (Rev. 02-06) the “School Inspection Reporting System” database schedule which is adopted herein by reference (Schedule A) and retain the original. A copy of the form can be obtained at the Department’s website located at www.fldfs.com/SFM/, or by mailing a request to The Florida State Fire Marshall, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.
(c) through (d) No change.
(7) Any firesafety inspector authorized by a unit of government who is certified in accordance with Section 633.081(2) or Section 633.081(3), F.S. may enter the “School Inspection Reporting System” via the internet at http://app.bebr.ufl.edu/egroupware/login.php?cd=1. You may also access the “School Inspection Reporting System” through the Division’s website located at www.fldfs.com/SFM/.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.004, Amended_________.
69A-58.005 Serious Life Safety Hazards.
(1) No change.
(2)(a) Serious life safety hazards include:
1. A non-functional fire alarm system. A non-functional fire alarm system is one impaired to the extent that a significant portion is not in operation and the system any initiating device or any notification appliance is incapable of functioning as it was designed.
2. A non-functional fire sprinkler system; A non-functional fire sprinkler system occurs any time a significant portion of any one zone is impaired to the extent that the sprinkler system head component is incapable of automatic activation within the protected space or when any system component lacks an adequate water supply.
3. through 7. No change.
(b) Other conditions may be identified to the division by the board or local fire official for designation as a serious life safety hazard, including but not limited to:
1. The placement of a functional smoke and heat detector in a manner not consistent with NFPA 72, the edition as adopted in Rule 69A-3.012 Chapter 69A-60.005, F.A.C.;
2. through 3. No change.
(c) The criteria to be used by the division to determine whether such other condition shall be designated as a serious life safety hazard shall be either: No change.
1. Those conditions located in subdivision 6.2, NFPA 101, the Florida edition as adopted in Rule 69A-3.012 Chapter 69A-60.004, F.A.C., to wit:
a. through c. No change.
2. Hazard of contents shall be determined by the board or local fire official on the basis of the character of the contents and the processes or operations conducted in the building or structure. For the purposes of these rules, where different degrees or hazard of contents exist in different parts of a building or structure, the most hazardous shall govern the classification unless hazardous areas are separated or protected as specified in subdivision 8.4 and the applicable subdivisions of Chapters 11 through 42 of NFPA 101, the edition as adopted in Rule 69A-3.012 Chapter 69A-60.004, F.A.C.; or
3. Upon a finding of a dangerous condition consistent with the The criteria located in NFPA 1 of the Florida Fire Prevention Code, subdivision 3.3.32.1 2-28.1, the edition as adopted in Rule 69A-3.012 Chapter 69A-60.003, F.A.C., for extra high hazard hazardous occupancies based on, to wit, the total amount of Class A combustibles and Class B flammables present, in storage, production, use, finished product, or combination thereof, and when such material is over and above those expected in occupancies classed as ordinary (moderate) hazard. Those areas or occupancies could consist of woodworking, vehicle repair, cooking areas, product displays, and storage and manufacturing processes such as painting and coating, including flammable liquid handling. Also included is warehousing of or in-process storage of other than Class I and Class II commodities as defined by NFPA 13, Standard for the Installation of Sprinkler Systems, subdivision 10:1-5.3, the edition as adopted in Rule 69A-3.012 Chapter 69A-60.003, F.A.C.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.005, Amended_________.
69A-58.006 Vacant and Abandoned Buildings.
(1) Returning Buildings to Use. Any existing building which has been removed from instructional use for more than 180 days shall be inspected for deficiencies, and remodeled, renovated, or have its deficiencies corrected in accordance with the new construction requirements of the Florida Building Code before returning it to instructional purposes.
(2) Abandoned Buildings. Board buildings no longer in use and abandoned shall be free of combustible waste and secured in such a manner as to prevent fire safety hazards and unauthorized or unlawful entry.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.006, Amended_________.
69A-58.007 Counties, Municipalities, and Special Districts Having Firesafety Responsibilities, Without Firesafety Inspectors.
(1) through (2) No change.
(3) Each such county, municipality, or special district having firesafety enforcement responsibilities shall employ or contract with a firesafety inspector certified under Section 633.081(2), F.S., pursuant to the requirement of Section 633.081(1), F.S., to fulfill the obligation imposed by Section 633.025 024(2), F.S.
(4) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.007, Amended_________.
69A-58.0081 Means of Egress.
(1) Doors.
(a) No change.
(b) Opposite swinging smoke stop doors in smoke partitions within the corridor shall comply with the requirements of section 8.4.3 of the edition of NFPA 101 as adopted in Rule 69A-3.012 meet the smoke compartment separation requirements.
(c) through (e) No change.
(2) Existing smoke stop doors shall meet the requirements of subdivision 8.3.4 of NFPA 101, the edition as adopted in Rule 69A-3.012 be 1 3/4 inch solid core wood, or equivalent.
(a) No change.
(b) View panels of clear fire-rated glazing (including existing wire glass) mounted in steel frames shall be permitted in smoke stop doors.
(c) through (f) renumbered (b) through (e) No change.
(3) Special Function Doors.
(a) through (b) No change.
(c) Turnstiles shall comply with subdivision 7.2.1.11 of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C. be placed to allow free access through a means of egress or have an emergency break-away feature or other similar type feature.
(4) through (16) No change.
(17) Boiler Rooms.
(a) Boilers shall comply with Chapter 554, F.S., and Rule Chapter 69A-51, F.A.C. A valid boiler inspection certificate of compliance issued by the State Fire Marshal shall be displayed and clearly visible, when required.
(b) No change.
1. through 2. No change.
(18) No change.
(19) Stages and Platforms.
(a) Stages, and platforms, including props and equipment, shall conform to the specific requirements of Chapter 13 of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C this section.
(b) All curtains and flies on stages shall have attached labels verifying their flame resistance or equivalent documentation as approved by the AHJ.
(c) All scenery and stage props shall be free of any foam plastics.
(d) All steps leading to a stage shall have a minimum of 1 handrail.
(20) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New_________.
69A-58.0082 Relocatable Buildings.
(1) Relocatable buildings: Relocatable buildings sited after March 1, 2002 shall be separated as required by the Florida Building Code.
(a) No change.
(b) Relocatable buildings sited within a cluster in accordance with this section are permitted to achieve emergency vehicle access by providing vehicular access to within 200 feet of the entrance of the most remote relocatable unit and shall be either provided with an independent fire alarm system with a manual pull station within 100 feet of each egress door or provided with a fire alarm system tied to the main school facility.
Exception: When required by the board, a cluster shall be protected by a fire zone extended from the main educational facility’s fire alarm control panel.
In addition, all of the following shall be met:
1. The minimum overhead open space within the perimeter of the cluster shall be 50% of the maximum Maximum conditioned gross area of the relocatable units within the in a cluster is 12,000 square feet,
2. The minimum Minimum separation between individual units shall be as approved by the building official in accordance with Chapter 553, Part IV, Florida Statutes (2005), the “Florida Building Code,”
3. The nearest Nearest permanent building or cluster shall be a minimum of is 60 feet,
4. Any Maximum of 20% unprotected opening between adjacent wall spaces shall be as approved by the building official in accordance with Chapter 553, Part IV, Florida Statutes (2005), the “Florida Building Code,” and,
5. Minimum overhead open space within the perimeter of the cluster is 50 percent, and
5.6. The minimum Minimum setback for non-combustible Type I, II or IV (non-combustible) relocatable buildings shall be as 25 feet or less if permitted by local zoning requirements.
(2) Egress doors in relocatable buildings shall be provided as follows:
(a) Classroom units of combustible Type III or Type V (combustible) construction shall have 2 remotely located doors opening directly to the outside.
(b) Multi-classroom units of non-combustible Type I, II or IV (non-combustible) construction shall have a primary exit door opening directly to the exterior or if served by interior corridors, shall have a primary exit door and an emergency rescue opening in each space designed to be occupied by 6 or more students.
1. through 2. No change.
(3) Fire Alarm Systems.
(a) In combustible Type III and Type V (combustible) construction, heat or smoke detectors connected to the building’s fire alarms system shall be installed in every classroom, unsupervised space, storage space, and custodial closet.
(b) In non-combustible Type I, II or IV (non-combustible) construction, heat or smoke detectors connected to the buildings fire alarm system shall be installed in each is located in storage and custodial closet closets.
(c) No change.
(d) Drill switches shall not be permitted except where a computerized fire alarm system is specifically listed for this purpose.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New__________.
69A-58.0083 Protection from Hazards.
(1) through (3)(b) No change.
(c) There is posted a permanently affixed sign reading “FIRE EXTINGUISHER INSIDE.” Exception: Exterior signage is not required when a fire extinguisher is installed inside of every relocatable building on a school or ancillary site.
(4) No change.
(5) High Rise Buildings. All existing high-rise structures and buildings more than 4 stories or 45 feet in height shall be equipped with automatic fire sprinkler systems.
(6) through (7) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New_________.
69A-58.0084 Seclusion Time Out Rooms.
(1) No change.
(2) Locking devices.
(a) No change.
(b) The use of a secured seclusion time-out room must be explicitly stated in the student’s exceptional student educational (ESE) records and shall include parental notice for the use of a secured seclusion time-out room. The use of secured seclusion time-out rooms by the district must be expressly permitted by the action of the school board. Compliance with this section shall be certified by the school administrator or their designee.
(b)(c) No change.
1. through 4. No change.
(3) through (5) No change.
(6) Students in a secured seclusion time-out room must be observed continuously by a teacher or trained staff member.
(6)(7) No change.
(7)(8) During each unannounced inspection, the division or the local fire official is permitted to inspect secured seclusion time-out rooms, for compliance, interview staff, and review staff development activities, and conduct other activities as deemed appropriate to ensure compliance with this rule chapter.
(9) Permit Required.
(a) Any secured seclusion time-out room which is constructed following the effective date of this rule shall be allowed to become operational only after the issuance of a permit.
(b) Any secured seclusion time-out room which is in operation upon the effective date of this rule shall be allowed to continue in use provided a secured seclusion time-out room operational permit has been issued by the board on Form No. DFS XX-XXX.
(c) Each school wishing to use a secured seclusion time-out room shall apply to the board for a permit to operate a secured seclusion time-out room.
(d) Each secured seclusion time-out room must be constructed and operated in accordance with this rule chapter.
(e) A permit shall be issued only after an inspection by the board and a determination by the board that such secured seclusion time-out room has been designed and constructed in accordance with this rule chapter.
(f) Application for a permit need not be on any specific form and is permitted to be in the form of a letter, a memorandum, or a similar document; however, the application must be signed by the school administrator or his or her designee and must include the district’s name, the school’s name, the school’s address, and contact information which must designate the name and phone number of the contact person at the school who is permitted to be the school administrator or anyone designated by the school administrator.
(g) Each permit shall be valid for a period of not more than one year from the date of issue.
(9)(10) No change.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New________.
69A-58.009 Florida Firesafety School Evaluation System.
(1) through (3) No change.
(4) For buildings occupied after January 1, 1985 2085, boards and fire officials may use the equivalency provisions of Section 1.4 of the Florida Edition of NFPA 101, the edition as adopted in Rule 69A-3.012 Chapter 69A-60, F.A.C.
Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New. 2-18-03, Formerly 4A-58.009, Amended________.