Florida Administrative Code › 59 - AGENCY FOR HEALTH CARE ADMINISTRATION › 59A - Health Facility and Agency Licensing › Chapter 59A-26 - MINIMUM STANDARDS FOR INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED › Section 59A-26.016 - Fire Protection, Life Safety, Systems Failure and External Emergency Communication

Current through Reg. 50, No. 138; July 16, 2024
(1) Standards for
				fire prevention for the facility are those adopted pursuant to Rule
				69A-3.012, F.A.C., as required
				by the Division of State Fire Marshal at Department of Financial Services, and
				Chapter 69A-38, Uniform Fire Safety Standards for Residential Facilities for
				Individuals with Developmental Disabilities, F.A.C., as required by the Agency
				for Persons with Disabilities, as applicable to the classifications of
				occupancy therein.
(2) The Agency
				shall conduct an annual fire safety survey. Based upon the survey, a report of
				deficiencies will be provided to the facility with a time frame for
				correction.
(3) ICF/DD's providing
				personal care, as defined in the Life Safety Code NFPA 101 as adopted pursuant
				to Rule 69A-3.012, F.A.C., as required
				by the Division of State Fire Marshal at the Department of Financial Services,
				and Rule Chapter 69A-38, F.A.C., as required by the Agency for Persons with
				Disabilities, will be reviewed as a Residential Board and Care occupancy under
				the Florida Specific Edition of NFPA 101 Life Safety Code, as adopted pursuant
				to Rule 69A-3.012, F.A.C., as required
				by the Division of State Fire Marshal at the Department of Financial Services,
				and Rule Chapter 69A-38, F.A.C. as required by the Agency for Persons with
				Disabilities. ICF/DD's providing services to clients that receive chronic,
				skilled/acute nursing or medical care or designated as a Level of Care 9 will
				be reviewed as a Health Care occupancy status under the Florida Specific
				Edition of NFPA 101 Life Safety Code, as adopted pursuant to Rule
				69A-3.012, F.A.C., as required
				by the Division of State Fire Marshal at Department of Financial Services and
				Rule Chapter 69A-38, F.A.C., as required by the Agency for Persons with
				Disabilities. To ensure the life safety code requirements are appropriate for
				all clients served in an ICF/DD, each licensure survey shall establish or
				confirm the occupancy status. Beginning December 1, 2015, upon renewal of each
				ICF/DD license, the license shall display the occupancy status. The ICF/DD
				licensee must receive written approval from the Agency, including the Office of
				Plans and Construction, prior to a change in the occupancy status. A client
				requiring chronic, skilled/acute nursing or medical care, or designated as a
				Level of Care 9 client, may not reside in an ICF/DD with a Residential Board
				and Care occupancy status.
(4) Each
				licensee must provide fire protection through the elimination of fire hazards
				as evidenced by compliance with the fire codes referenced in subsection
				59A-26.016(1),
				F.A.C.
(5) All fires or explosions
				must be reported by the licensee within 24 hours by phone to the Agency for
				Health Care Administration's field office and the Office of Plans and
				Construction. Upon notification the Agency field office shall coordinate with
				the local fire investigation authority to determine the cause, origin, and
				circumstances of the fire or explosion. The licensee shall complete the form
				"Fire Incident Report", AHCA #3500-0031, revised July 2014, incorporated herein
				by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06199
or from the Office of Plans and Construction, Agency for Health Care
				Administration, 2727 Mahan Drive, Mail Stop 24, Tallahassee, Florida 32308 or
				from the web site at
http://ahca.myflorida.com/MCHQ/Plans/pdfs/Fire.pdf
.
				The form must be completed by the licensee and submitted to the Agency's Office
				of Plans and Construction within 10 calendar days of the incident.
(6) In the event of a system failure of the
				fire alarm system, smoke detection system, or sprinkler system, the following
				actions must be taken immediately by the licensee:
(a) Notify the local fire authority and
				document any instructions received by the licensee;
(b) Notify the Agency for Health Care
				Administration Office of Plans and Construction, and the Agency's local field
				office; and,
(c) Assess the extent
				of the condition, and implement corrective action with a documented period for
				compliance. If the corrective action will take more than four hours to
				complete, the following items must be completed:
1. Implement a contingency plan containing a
				description of the problem, a specific description of the system failure, and
				the projected correction period. All staff on shifts involved must have
				documented in-service training for the emergency contingency.
2. Begin a documented fire watch until the
				system is restored. Persons used for fire watch must receive training specific
				to their duty including what to look for, what to do, and how to expeditiously
				contact the fire department. To maintain a fire watch, the facility must
				utilize only certified public fire safety personnel, a guard service, or
				facility staff. If facility staff is utilized for this function, they must meet
				the following requirements:
a. Be off duty
				from their regular facility position or assigned only to fire watch duty and be
				excluded from counting toward the required staffing pattern;
b. Be trained and competent as determined by
				the licensee in the duties and responsibilities of a fire watch; and,
c. Have immediate access to electronic
				communication.
3. If the
				projected correction period changes or when the system is restored to normal
				operation, the licensee must notify the Agency's Office of Plans and
				Construction, the Agency's local field office and local fire
				authorities.