reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.019 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to comply with section
				   393.067(7),
				  F.S., which states that the Agency for Persons with Disabilities shall adopt
				  rules relating to minimum standards for facilities including "uniform
				  firesafety standards established by the State Fire Marshal which are
				  appropriate to the size of the facility or of the component centers or units of
				  the program." This rule chapter establishes those uniform firesafety standards
				  and specifies 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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 10-30-90, Formerly 4A-38.019, Amended
					 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.020 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(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(32),
				F.S., including any:
1. Group home facility,
				as defined in Section
				 393.063(19),
				F.S., serving more than six clients,
2. Residential habilitation center, as
				defined in Section  393.063(34),
				F.S., and,
3. Comprehensive
				transitional educational program, as defined in Section
				 393.063(10),
				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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.021 - Discretionary Powers of the Authority Having Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
The authority having jurisdiction may modify these rules
				  under the following conditions:
(1)
				The provisions of NFPA 101A, "Guide on Alternative Approaches to Life Safety,"
				as referenced in Rule
				 69A-3.012, F.A.C., shall be
				considered acceptable as an alternative method.
(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 of NFPA-101 edition as adopted in Rule
				 69A-3.012, F.A.C.
(a) When alternatives/equivalencies are used
				a list of those fire code issues modified, identified and/or considered in the
				alternative/equivalency process shall be furnished to the authority having
				jurisdiction.
(b) If NFPA 101A, is
				used to establish equivalency then the evaluation documentation shall be
				provided to the property owner and the authority having jurisdiction.
(c) A brief statement describing the
				alternative/equivalency concepts used and the results of these concepts with
				respect to fire code conditions that may not literally comply with required
				codes shall be furnished to the authority having
				jurisdiction.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.023 - Standards of the National Fire Protection Association Adopted

Current through Reg. 50, No. 138; July 16, 2024
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, 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
				  facilities for the developmentally disabled, except as modified by this rule
				  chapter.
Rulemaking Authority
					 633.104(1) FS.
					 Law Implemented 633.104(1),
					 633.206(1)(b)
					 FS.
New 10-30-90, Amended 9-22-92, 7-11-01, Formerly
					 4A-38.023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.024 - Documentation of Client's Evacuation Status

Current through Reg. 50, No. 138; July 16, 2024
Documentation of Client's evacuation status shall be based on
				  the speed of evacuation. Speed of Evacuation is to be determined via
				  documentation of actual emergency egress and relocation drills conducted with
				  the Agency for Persons with Disabilities personnel present, as evidenced by
				  their signature on at least two emergency egress and relocation 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.
Rulemaking Authority
					 633.104(1) FS.
					 Law Implemented 633.104(1),
					 633.206(1)(b)
					 FS.
New 10-30-90, Amended 7-11-01, Formerly 4A-38.024, Amended
					 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.025 - Extinguishment Requirements

Current through Reg. 50, No. 138; July 16, 2024
When required by the provisions of NFPA 101, developmental
				  disabilities facilities may use NFPA 13, "Standard for the Installation of
				  Sprinkler Systems," or NFPA 13D, "Standard for the Installation of Sprinkler
				  Systems in One and Two-Family Dwellings and Manufactured Homes," or NFPA 13R,
				  "Standard for the Installation of Sprinkler Systems in Low-Rise Residential
				  Occupancies," when applicable.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 10-30-90, Formerly
					 4A-38.025.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.026 - Operating Features

Current through Reg. 50, No. 138; July 16, 2024
Each facility coming within the scope of Part II shall comply
				  with Sections 32-7 or 33-7 of NFPA 101, whichever is
				  applicable.
Rulemaking Authority
					 633.104(1) FS.
					 Law Implemented 633.104(1),
					 633.206(1)(b)
					 FS.
New 10-30-90, Amended 7-11-01, Formerly 4A-38.026, Amended
					 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.027 - Special Features

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 10-30-90, Formerly
					 4A-38.027.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.028 - Standards of the National Fire Protection Association Adopted

Current through Reg. 50, No. 138; July 16, 2024
(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 Chapter 32,
				and existing facilities shall be governed by Chapter 33.
(b) Facilities with an occupancy status for
				providing nursing or convalescent care shall be governed by Chapter 18, for new
				facilities and Chapter 19, for existing
				facilities.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.029 - Documentation of Client's Evacuation Status

Current through Reg. 50, No. 138; July 16, 2024
Documentation of a client's evacuation status shall be based
				  on the client's speed of evacuation. Speed of evacuation is to be determined
				  via documentation of actual emergency egress and relocation drills conducted
				  with the Agency for Health Care Administration personnel present, as evidenced
				  by their signature on at least two emergency egress and relocation 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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 10-30-90, Formerly 4A-38.029, Amended
					 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.030 - Operating Features

Current through Reg. 50, No. 138; July 16, 2024
Each intermediate care facility for the developmentally
				  disabled shall comply with the appropriate operating procedures of NFPA 101.
				  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.
Rulemaking Authority
					 633.104(1) FS.
					 Law Implemented 633.104(1),
					 633.206(1)(b)
					 FS.
New 10-30-90, Amended 7-11-01, Formerly 4A-38.030, Amended
					 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.031 - Special Features

Current through Reg. 50, No. 138; July 16, 2024
(1) 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.
(2) Intermediate
				care facilities serving one to three clients, if their rate of evacuation is
				determined to be impractical, shall be provided with a residential sprinkler
				system which meets the requirements of NFPA 13-D or 13-R as referenced in rule
				 69A-3.012,
				F.A.C.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 10-30-90, Formerly
					 4A-38.031.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.032 - Standards of the National Fire Protection Association Adopted

Current through Reg. 50, No. 138; July 16, 2024
(1) The following portions of the National
				Fire Protection Association Standard 101, Florida edition, Life Safety Code,
				Chapter 32 for new facilities and Chapter 33 for existing facilities, 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
				facilities for the developmentally disabled, except as modified by this rule:
(a) All of Chapter 24, "One- and Two- Family
				Dwellings," except Section 24-3.4, "Detection, Alarm and Communication
				Systems."
(b) Sections 32-3.3.4.7,
				32-3.3.4.8, and 32-3.3.5.5 only, of Chapter 32.
(c) Each foster care facility and each group
				home facility which does not meet the evacuation capability of "prompt" but
				which does meet an evacuation capability of "slow" shall also comply with the
				requirements of Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter
				32, National Fire Protection Association (NFPA) 101, Florida edition, as
				adopted in Rule  69A-3.012, F.A.C., to be
				considered to have met the firesafety requirements under Rule
				 69A-38.032, F.A.C.
(d) During each fire exit drill, all
				occupants should evacuate the building on their own or with staff assistance or
				any other available assistance, as needed.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.033 - Documentation of Client's Evacuation Status

Current through Reg. 50, No. 138; July 16, 2024
Documentation of client's evacuation status shall be based on
				  the speed of evacuation. Speed of Evacuation is to be determined via
				  documentation of actual emergency egress and relocation drills conducted with
				  the Agency for Persons with Disabilities personnel present, as evidenced by
				  their signature on at least two emergency egress and relocation 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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.034 - Operating Features

Current through Reg. 50, No. 138; July 16, 2024
Each 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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.035 - Emergency Egress and Relocation Drills

Current through Reg. 50, No. 138; July 16, 2024
(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 AHJ, as
				defined in NFPA 1, Section 3.2.2, adopted by reference in rule
				 69A-3.012, F.A.C., "the
				organization, office, or individual responsible for approving equipment,
				materials, an installation, or a procedure," 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 structure. All occupants shall exit the 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 structure 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 structure 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-K3-1557, (rev. 03/20/03),
				"Record of Emergency Egress and Relocation Drill," adopted by reference in
				subsection  69A-41.105(7),
				F.A.C. 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
				at a minimum:
(a) The date the drill was
				conducted;
(b) The time of day the
				drill was conducted;
(c) The amount
				of time, in minutes and seconds, that were required for all occupants to safely
				exit the building, and,
(d) Any
				unusual circumstance, in narrative or outline form, affecting the safe, orderly
				and expeditious exit from the building.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.036 - Inspections

Current through Reg. 50, No. 138; July 16, 2024
(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.
(a) The initial inspection requirements shall
				be based on a prompt evacuation capability.
(b) The evacuation capability for all
				subsequent inspections shall be based on an actual emergency egress and
				relocation drill or the record of such drill conducted under the direct
				supervision of the Agency for Persons with Disabilities or the fire
				official.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.037 - Cooking Equipment; Exception

Current through Reg. 50, No. 138; July 16, 2024
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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-38 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES › Section 69A-38.038 - Special Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				facility shall have installed at least one portable fire extinguisher with a
				minimum rating of 2A-10BC.
(2) No
				portable fuel-fired heaters shall be permitted unless the heater is listed by a
				testing laboratory recognized by the United States Department of Labor, another
				state or regional regulatory authority, or rule of the Department, and approved
				for such use.
(3) No portable
				heaters shall be used in sleeping rooms.
(4) 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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 7-30-07.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-39 - FIRESAFETY INSPECTOR CERTIFICATION › Section 69A-39.003 - Types of Certification Available

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Firesafety Inspector Certification. This certificate is issued to Firesafety
				Inspectors who successfully complete the Firesafety Inspector Training Course
				outlined in subsection
				 69A-39.005(1),
				F.A.C., and the certification examination prescribed by the Division of State
				Fire Marshal (Division). The levels of progression for a Firesafety Inspector
				Certification shall include Firesafety Inspector I, Firesafety Inspector II,
				and Firesafety Inspector III.
(2)
				Inservice Firesafety Inspector. Individuals who successfully complete the
				Inservice Firesafety Inspector Training Course outlined in subsection
				 69A-39.005(1),
				F.A.C., and who are certified pursuant to section
				 633.216, F.S., shall be eligible
				to perform Inservice Firesafety Inspections. Individuals who are eligible to
				perform Inservice Firesafety Inspections shall be listed on a roster of those
				successfully completing the Inservice Firesafety Inspection Course. Said roster
				shall be maintained by the employing agency.
(3) Fire Code Administrator. This certificate
				is issued to individuals who meet the requirements set forth in subsection
				 69A-39.005(2),
				F.A.C.
Rulemaking Authority
					 633.104,
					 633.216,
					 633.406(2) FS.
					 Law Implemented 633.216,
					 633.406,
					 633.412
					 FS.
New 11-21-83, Formerly 4A-39.03, Amended 8-2-88, 3-1-89,
					 Formerly 4A-39.003, Amended 8-27-12,
					 3-17-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-39 - FIRESAFETY INSPECTOR CERTIFICATION › Section 69A-39.007 - Procedures for Certification Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) To receive Firesafety Inspector
				Certification from the Division, a score of 70 percent must be achieved on a
				certification examination administered by the Division. To be eligible for the
				examination, the applicant must submit Form DFS-K4-1023, "Application for
				Firesafety I Inspector Certification Examination," which is incorporated by
				reference in subsection
				 69A-37.039(2),
				F.A.C., and can be obtained where indicated in subsection
				 69A-37.039(1),
				F.A.C., to the Bureau of Fire Standards and Training within the Division
				(hereinafter referred to as the "Bureau"). The Division shall notify the
				applicant in writing of its determination regarding the application. If the
				application is:
(a) Approved, the applicant
				may contact the Bureau to schedule the certification examination or may
				register for the examination online at
https://floridastatefirecollege.org/
.
				The examination must be completed by the applicant at a location designated by
				the Bureau within 180 days after the date on the written notice indicating
				application approval.
(b) Denied,
				the notice shall state the reason(s) therefore and shall be a agency action
				subject to review under section
				 120.57, F.S.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-39 - FIRESAFETY INSPECTOR CERTIFICATION › Section 69A-39.0071 - Procedures for Fire Code Administrator Certification

Current through Reg. 50, No. 138; July 16, 2024
Applicants for certification as a Fire Code Administrator
				  shall submit Form DFS-K4-2085, "Application for Fire Code Administrator
				  Certification," which is incorporated by reference in subsection
				   69A-37.039(2),
				  F.A.C., and can be obtained where indicated in subsection
				   69A-37.039(1),
				  F.A.C. The form shall be submitted to the Bureau of Fire Standards and Training
				  within the Division with a professional portfolio that documents compliance
				  with each requirement in paragraph
				   69A-39.003(3)(a),
				  F.A.C. If the applicant documents compliance, the Division shall issue the
				  certificate. If the applicant fails to document compliance, the Division shall
				  issue a written notice of denial to the applicant, which specifies the
				  reason(s) therefore and which shall be agency action subject to review under
				  section  120.57, F.S.
Rulemaking Authority
					 633.104,
					 633.216(8) FS.
					 Law Implemented 633.216
					 FS.
New 8-27-12, Amended
					 8-20-13.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-39 - FIRESAFETY INSPECTOR CERTIFICATION › Section 69A-39.009 - Renewal of Firesafety Inspector and Fire Code Administrator Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 633.104(3) FS.
					 Law Implemented 633.216
					 FS.
New 11-21-83, Formerly 4A-39.09, Amended 8-2-88, 3-1-89,
					 Formerly 4A-39.009, Amended 8-27-12, 2-18-16, Repealed
					 5-10-21.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-39 - FIRESAFETY INSPECTOR CERTIFICATION › Section 69A-39.010 - Required Forms for Training and Certification of Firesafety Inspectors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.216
					 FS.
New 11-21-83, Formerly 4A-39.10, Amended 8-2-88, 3-1-89,
					 12-10-01, Formerly 4A-39.010, Repealed
					 8-27-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.022 - Title

Current through Reg. 50, No. 138; July 16, 2024
These rules, comprising rule chapter 69A-40, F.A.C., shall be
				  known as "The Uniform Firesafety Standards for Assisted Living
				  Facilities."
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.11,
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly
					 4A-40.022.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.023 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish uniform
				  requirements to provide a reasonable degree of safety from fire in buildings
				  and structures used as assisted living facilities. These rules try to avoid
				  requirements which might result in unreasonable hardship, or unnecessary
				  inconvenience or interference with the normal use and occupancy of a building,
				  but at the same time insist upon compliance with uniform standards for
				  firesafety consistent with the public interest, even though a financial
				  hardship may result in some individual cases.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.11,
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly
					 4A-40.023.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.024 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule chapter applies 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 429,
				F.S., and of Rule Chapter 59A-36, F.A.C.
(2) This rule chapter is concerned with life
				safety during fires and similar emergencies. This rule chapter addresses
				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.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41,
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.024, Amended
					 1-15-07, 10-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.027 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Administrator" shall mean an individual
				meeting the definition in Section
				 429.02(2),
				F.S.
(2) "Assisted Living Facility"
				(ALF) shall be as defined in Section
				 429.02(5), F.S.
				The definition does not apply to transient rentals as defined in Section
				 509.013(11),
				F.S. For firesafety purposes, the size of the ALF is determined by the license
				as issued by the Agency for Health Care Administration.
(3) "Authority having jurisdiction" (AHJ)
				shall mean the governmental entity, organization, office, or individual
				responsible by law or ordinance to conduct and enforce uniform firesafety
				requirements in accordance with Section
				 633.206(2)(b),
				F.S.
(4) "Final Administrative
				Interpreting Authority" shall mean the State Fire Marshal.
(5) "Legacy facility" shall mean any ALF that
				has elected to comply with the option afforded in Section
				 429.435(2)(d),
				F.S.
(6) "NFPA" means the National
				Fire Protection Association.
(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 an ALF is operated by a person that leases the physical plant
				which is owned by another person, "owner" means the person that operates the
				ALF. When the person that owns the physical plant is an affiliate of the person
				that operates the ALF and has significant control over the day-to-day operation
				for the ALF, he or she is considered an owner of the ALF.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41,
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.027, Amended
					 1-15-07, 11-13-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.028 - Standards of the National Fire Protection Association Adopted

Current through Reg. 50, No. 138; July 16, 2024
Unless the ALF is a legacy facility as defined in subsection
				   69A-40.027(5),
				  F.A.C., the uniform firesafety standards applicable to ALFs in Florida,
				  including other buildings or structures located on the premises of said ALFs,
				  are the standards of the National Fire Protection Association for life safety
				  from fire, as they relate to ALFs, in the editions of the NFPA 101, Life Safety
				  Code®, and NFPA 101A, Guide on Alternative
				  Approaches to Life Safety, which are incorporated by reference in Rule
				   69A-3.012,
				  F.A.C.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41,
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.028, Amended
					 10-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.029 - Evacuation Capability Evaluation in Legacy Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) The administrator of a legacy facility
				shall conduct an "Evacuation Capability Evaluation" and the local AHJ shall
				validate the evacuation capability evaluation as required in Section
				 429.41(1)(a),
				F.S. For purposes of this rule, "validate" shall mean that the evacuation
				capability evaluation forms are reviewed by the local AHJ to ensure
				completeness in accordance with Chapter 5, NFPA 101A, Guide on Alternative
				Approaches to Life Safety, 1995 edition, as provided in Section
				 429.41(1)(a),
				F.S.
(2) A licensed, sprinklered
				legacy facility is not required to conduct an evacuation capability evaluation.
				The State Fire Marshal's office does recommend that evacuation capability be
				determined using a method acceptable to the local AHJ over
				firesafety.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41(1)(a),
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.029, Amended
					 10-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.031 - Automatic Fire Sprinkler Systems (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.11,
					 429.41(1)(a),
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.031, Repealed
					 10-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.033 - Cooking Operations in Legacy Facilities

Current through Reg. 50, No. 138; July 16, 2024
In accordance with the applicable sections of Chapters 22 and
				  23, NFPA 101, Life Safety Code®, 1994 edition,
				  small legacy facilities (16 or fewer residents) are not required to comply with
				  NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial
				  Cooking Operations. Large legacy facilities shall comply with NFPA 96 (1994
				  Edition), which is hereby incorporated by reference. NFPA 96 is copyrighted
				  material that cannot be copied but may 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)
				viewed during regular business hours at the Florida Administrative Code and
				Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida;
				or
(iii) purchased by contacting the
				NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471; Phone
				1(800)344-3555, Website
www.nfpa.org
..
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41,
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.033, Amended
					 11-13-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.035 - Code Conflict Resolution

Current through Reg. 50, No. 138; July 16, 2024
(1) Code
				enforcement conflict resolution of code issues cited by local government shall
				be resolved by the local governmental agency and city and/or county enforcement
				boards which have been established pursuant to Chapters 553 and/or 633,
				F.S.
(2) Code enforcement conflict
				resolution of code issues cited by the Agency for Health Care Administration
				should be resolved between the Agency for Health Care Administration and the
				AHJ.
(3) The State Fire Marshal's
				Office is the final administrative interpreting authority and as such will
				render interpretations and explanations of the codes.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 633.206
					 FS.
New 11-29-89, Amended 1-7-97, Formerly 4A-40.035, Amended
					 10-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.036 - Emergency Egress and Relocation Drills in Legacy Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) An unsprinklered legacy facility shall
				conduct emergency egress and relocation drills monthly and at least twelve
				drills shall have been conducted during the previous year (four times per year
				on each new shift). Legacy facilities with eight or fewer residents and a
				"Prompt" evacuation capability evaluation shall follow the above guidelines. If
				the legacy facility has been in operation less than one year, it shall be
				permitted to have conducted an emergency egress and relocation drill for each
				month of its operation.
(2) A
				sprinklered legacy facility shall conduct at least six emergency egress and
				relocation drills per year, one every two months, with a minimum of two drills
				conducted during the night when residents are sleeping.
(3) Legacy facilities that are fully
				sprinklered and in compliance with other firesafety standards as determined by
				the AHJ are not required to conduct more than one of the two required nighttime
				emergency egress and relocation drills between the hours of 11:00 p.m. and 7:00
				a.m. per year.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41,
					 633.206
					 FS.
New 1-7-97, Formerly 4A-40.036, Amended
					 11-13-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.037 - Intergenerational Respite Care Assisted Living Facility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented,
					 429.41,
					 633.206
					 FS.
New 1-15-07, Repealed
					 10-27-19.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-40 - UNIFORM FIRESAFETY STANDARDS FOR ASSISTED LIVING FACILITIES › Section 69A-40.038 - Emergency Egress and Relocation Drills in Non-Legacy Facilities

Current through Reg. 50, No. 138; July 16, 2024
A non-legacy facility that does not elect to comply with the
				  options afforded in Section 429.41(1)(a)2.d., F.S., must comply with the
				  emergency egress and relocation drill requirements of the occupancy
				  classification as designated by the local AHJ and mandated in NFPA 101, Life
				  Safety Code®, and NFPA 101A, Guide on
				  Alternative Approaches to Life Safety, which are incorporated by reference in
				  Rule  69A-3.012,
				  F.A.C.
Rulemaking Authority
					 633.104,
					 633.206 FS. Law Implemented
					 429.41,
					 633.206
					 FS.
New 4-15-20.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.001 - Title

Current through Reg. 50, No. 138; July 16, 2024
These rules, comprising rule Chapter 69A-41, F.A.C., shall be
				  known as "The Uniform Fire Safety Standards for Residential Child Care
				  Facilities."
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104(1),
					 633.206(1)(b)
					 FS.
New 7-2-84, Formerly 4A-41.01, Amended 9-24-90, 7-11-01,
					 Formerly 4A-41.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.002 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is to establish uniform
				  standards to provide a reasonable degree of safety from fire in residential
				  child care 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 fire safety consistent with the public
				  interest.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104(1),
					 633.206(1)(b)
					 FS.
New 7-2-84, Formerly 4A-41.02, Amended 9-24-90, 7-11-01,
					 Formerly 4A-41.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.003 - Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules apply to any residential
				child care facility required to be licensed by the Florida Department of
				Children and Families, pursuant to Section
				 409.175, F.S., in which
				full-time residence is provided to six or more children who are unrelated to
				the proprietor and who are under age 18. Programs which use such a facility
				include, but are not limited to, group homes which are administered by an
				agency, wilderness camps, maternity homes, (emergency shelters), and runaway
				shelters.
(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.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 7-2-84, Formerly 4A-41.03, Amended 9-24-90, 7-11-01,
					 Formerly 4A-41.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.006 - Interpretation of this Rule Chapter

Current through Reg. 50, No. 138; July 16, 2024
The State Fire Marshal shall be the final administrative
				  interpreting authority regarding the rules in this rule
				  chapter.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104,
					 633.206
					 FS.
New 7-2-84, Formerly 4A-41.06, Repromulgated 9-24-90,
					 Formerly 4A-41.006.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.007 - Standards of the National Fire Protection Association Adopted

Current through Reg. 50, No. 138; July 16, 2024
The standards of the National Fire Protection Association for
				  life safety from fire, as provided in NFPA 101, Life Safety Code, as it relates
				  to residential board and care, the edition as adopted in Rule
				   69A-3.012, F.A.C., shall be the
				  uniform fire safety standards for this state with respect to residential child
				  care facilities, including other buildings or structures located on the
				  premises of said facilities.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104(1),
					 633.206(1)(b)
					 FS.
New 7-2-84, Formerly 4A-41.07, Amended 9-24-90, 7-11-01,
					 Formerly 4A-41.007.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.011 - Separation Requirements

Current through Reg. 50, No. 138; July 16, 2024
If a residential child care facility is located in a building
				  which has occupants other than the residential child care facility, the
				  building shall satisfy the provisions of the Florida Building Code required by
				  Section  553.73, F.S.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104(1),
					 633.206(1)(b)
					 FS.
New 7-2-84, Formerly 4A-41.11, Amended 9-24-90, 7-11-01,
					 Formerly 4A-41.011.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-41 - UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES › Section 69A-41.012 - Exits

Current through Reg. 50, No. 138; July 16, 2024
(1) Means of Egress. Doors leading from rooms
				used by 100 or more persons in a residential child care facility shall be
				equipped with approved panic hardware.
(2) Marking Means of Egress. Exits signs
				shall not be required in residential child care facility in which the total
				number of resident children is 16 or fewer.
Rulemaking Authority
					 633.104 FS. Law Implemented
					 633.104(1),
					 633.206(1)(b)
					 FS.
New 7-2-84, Formerly 4A-41.12, Amended 9-24-90, 7-11-01,
					 Formerly 4A-41.012.