CHAPTER 69A-41
UNIFORM FIRE SAFETY STANDARDS FOR
PART I RESIDENTIAL CHILD CARE FACILITIES FOR SIX OR MORE CHILDREN
69A-41.001 Title.
69A-41.002 Purpose.
69A-41.003 Scope.
69A-41.006 Interpretation of This Rule Chapter.
69A-41.007 Standards of the National Fire Protection Association Adopted.
69A-41.011 Separation Requirements.
69A-41.012 Exits.
69A-41.013 Emergency Lighting.
69A-41.014 Segregation and Protection from Hazards.
69A-41.016 Furnishings and Decorations.
69A-41.017 Portable Fire Extinguishers.
69A-41.019 Alarm and Detection Requirements.
69A-41.020 Building Services and Equipment.
69A-41.022 Storage, Trash, or Debris Underneath Structures.
69A-41.023 Tents.
69A-41.024 Fire Exit Drills.
69A-41.025 Fire and Emergency Plan.
69A-41.026 Wilderness Program.
PART II RESIDENTIAL CHILD CARE FACILITIES FOR FIVE OR FEWER CHILDREN
69A-41.101 Scope.
69A-41.102 Definitions.
69A-41.103 Standards of the National Fire Protection Association Adopted.
69A-41.104 Occupancy Capacity of Each Facility.
69A-41.105 Emergency Egress and Relocation Drills.
69A-41.106 Inspections.
69A-41.107 Cooking Equipment; Exception.
69A-41.108 Special Requirements.
PART I RESIDENTIAL CHILD CARE FACILITIES FOR SIX OR MORE CHILDREN
69A-41.001 Title.
These rules, comprising Rule Chapter 69A-41, F.A.C., shall be known as “The Uniform Fire Safety Standards for Residential Child Care Facilities.”
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.01, Amended 9-24-90, 7-11-01, Formerly 4A-41.001.
69A-41.002 Purpose.
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.
Specific Authority 633.01 FS. Law Implemented 409.175(5)(f), 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.02, Amended 9-24-90, 7-11-01, Formerly 4A-41.002.
69A-41.003 Scope.
(1) These rules apply to any residential child care facility required to be licensed by the Florida Department of Children and Family Services, 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.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.03, Amended 9-24-90, 7-11-01, Formerly 4A-41.003.
69A-41.006 Interpretation of this Rule Chapter.
The State Fire Marshal shall be the final administrative interpreting authority regarding the rules in this rule chapter.
Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-2-84, Formerly 4A-41.06, Repromulgated 9-24-90, Formerly 4A-41.006.
69A-41.007 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, 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.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.07, Amended 9-24-90, 7-11-01, Formerly 4A-41.007.
69A-41.011 Separation Requirements.
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.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.11, Amended 9-24-90, 7-11-01, Formerly 4A-41.011.
69A-41.012 Exits.
(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.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.12, Amended 9-24-90, 7-11-01, Formerly 4A-41.012.
69A-41.013 Emergency Lighting.
(1) Emergency lighting shall be provided in all residential child care facilities, except wilderness programs campsites.
(2) Residential child care facilities in which the total number of resident children is fewer than 9 need not comply with subsection (1). However, this exception does not apply to emergency shelter care, or to runaway and transient youth shelters.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.13, Amended 9-24-90, 7-11-01, Formerly 4A-41.013.
69A-41.014 Segregation and Protection from Hazards.
(1) Commercial cooking equipment shall have hood systems installed in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Equipment as adopted in Rule 69A-3.012, F.A.C.
(2) Flammable/combustible liquids.
(a) Flammable and/or combustible liquids shall be limited to that required for maintenance and for any equipment necessary to the operation of the facility and shall be stored in approved, closed and appropriately marked containers.
(b) If either flammable or combustible liquids in excess of 10 gallons in the aggregate are stored or dispensed on the premises of the facility, the facility shall comply with Chapter 4 of NFPA 30 Flammable and Combustible Liquids Code, the edition as adopted in Rule 69A-3.012, F.A.C.
(c) Notwithstanding the foregoing provisions, any hazardous operation or process may be conducted without protection in a detached structure sufficiently remote from the main building to avoid any danger to the occupants of the main building except that any protection necessary for the safety of the occupants of the detached structure must be provided. The detached structure shall be a minimum of 10 feet from any other occupied structures.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.14, Amended 9-24-90, 7-11-01, Formerly 4A-41.014.
69A-41.016 Furnishings and Decorations.
(1) All residential child care facilities in which security is required shall use only mattresses having a fire retardant cotton core with a retardant outer cover.
(2) Polyurethane mattresses are prohibited in all residential child care facilities.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.16, Amended 9-24-90, 7-11-01, Formerly 4A-41.016.
69A-41.017 Portable Fire Extinguishers.
Residential child care facilities shall have at least one general purpose Class A, B, and C portable fire extinguisher for each floor. All required extinguishers shall have a minimum rating of 2A-10B:C and shall be placed so that the nearest extinguisher is not more than seventy-five (75) feet from any other point in the facility.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.17, Amended 9-24-90, 7-11-01, Formerly 4A-41.017.
69A-41.019 Alarm and Detection Requirements.
(1) Smoke Detectors installed in existing residential child care facilities having sixteen (16) or fewer residents may continue to be battery powered, single station, UL217 detectors.
(2) Fire Alarms installed in existing residential child care facilities with sixteen (16) or fewer residents may continue to be manually operated, powered by the building electrical service, but it is not required to be electrically supervised.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.19, Amended 9-24-90, 7-11-01, Formerly 4A-41.019.
69A-41.020 Building Services and Equipment.
(1) Unvented fuel‑fired room heaters shall not be used in residential child care facilities.
(2) Other heating equipment shall be of an approved type and shall be installed in accordance with the terms of its approval and with the manufacturer’s instructions, and meet the requirements of NFPA 101, 2000 edition, Section 9-2, as adopted in Rule Chapter 69A-60, F.A.C.
(3) No stove or combustion heater shall be so located as to block escape in case of malfunctioning of the stove or heater.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.20, Amended 9-24-90, 7-11-01, Formerly 4A-41.020.
69A-41.022 Storage, Trash, or Debris Underneath Structures.
Any structure situated above the ground level shall not have an accumulation of combustible storage, trash, or debris underneath the structure. Any area between the ground and the bottom of the structure shall be covered, shielded, skirted, or otherwise protected to preclude this occurrence.
Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7‑2‑84, Formerly 4A-41.22, Amended 9-24-90, Formerly 4A-41.022.
69A-41.023 Tents.
Tents shall be erected only outside of buildings or structures. All tents shall be fire retardant whether used for living, shade, recreation, education or any other purpose. It is the proprietor’s responsibility to produce proof of the fire retardant properties of the tent material upon request.
Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-2-84, Formerly 4A-41.23, Amended 9-24-90, Formerly 4A-41.023.
69A-41.024 Fire Exit Drills.
Unless otherwise authorized by the authority having jurisdiction, as defined in Section 633.121, F.S., 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 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.24, Amended 9-24-90, 7-11-01, Formerly 4A-41.024.
69A-41.025 Fire and Emergency Plan.
Each residential child care facility shall develop a written fire and emergency evacuation plan which may include input from the authority having jurisdiction as described in Section 633.121, F.S.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.25, Amended 9-24-90, 7-11-01, Formerly 4A-41.025.
69A-41.026 Wilderness Program.
In addition to other applicable provisions of this rule chapter, the following provisions shall apply to wilderness programs licensed pursuant to Section 409.175, F.S.:
(1) Group Campsites.
(a) Spacing between tents or semi-permanent structures. A minimum of five feet (5') of clear ground shall be required between tents or semi-permanent structures.
(b) All tent coverings shall be made of fire retardant material or treated material.
(c) All temporary structures built out of natural materials (such as lean-tos) shall observe safe practices.
(d) Trash, leaves, ground litter or debris shall be kept well clear of all tents, and shall not be allowed to gather under the floor of semi-permanent structures.
(e) All campfire areas shall have all ground fuel removed for a distance of five feet (5') around the site and shall be a minimum of twenty-five feet (25') from tents or any other structure.
(f) All fires in open areas shall be extinguished before leaving.
(g) Any space heater used in a tent or in any other structure shall be of an approved type and shall be located at least 36 inches away from any combustible materials and shall be insulated from the floor area.
(h) Each site shall have a manual fire alarm such as a triangle bell or other device capable of being heard throughout the site.
(i) For primitive camping, backgrading and entrenching tools (for example, a shovel) must be readily available for fire suppression.
(j) In each organized group campsite, there shall be a minimum fifty-five (55) gallon water supply and means of transporting it to a fire. Water hydrants, with hose, where available, shall be located to cover the campsite and any structures thereon. The fire rack shall include at least the following items which are not used for other purposes: two (2) shovels, two (2) fire rakes, two (2) fire flaps, three (3) buckets and 1‑55 gallon drum. This paragraph shall not apply to primitive camping.
(k) Storage.
1. Each campsite shall have a separate storage area for combustible and/or flammable liquids and for combustible materials in excess of quantities needed for immediate use in the occupied areas.
2. Flammable and/or combustible liquids shall be stored at least fifty (50) feet from fires or any structure, shall be stored in approved, closed and appropriately marked containers, and shall be limited to that required for maintenance and equipment necessary to the operation of the campsite. The total amount of such storage shall not exceed ten (10) gallons.
3. If flammable or combustible liquids in excess of ten (10) gallons in the aggregate are stored or dispensed at the campsite, the storage shall comply with the provisions of NFPA 30, the edition as adopted in Rule 69A-3.012, F.A.C.
4. If a vehicle service station is located on the campsite, the storage shall comply with NFPA 30A, the edition as adopted in Rule 69A-3.012, F.A.C.
(2) Fire Plan. Each wilderness camp administrator shall establish a written fire prevention, evacuation and suppression plan, and all staff and children shall be periodically instructed with respect to required procedures. The authority having jurisdiction may provide input to the plan to accomplish its intended purpose.
Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.26, Amended 9-24-90, 7-11-01, Formerly 4A-41.026.
PART II RESIDENTIAL CHILD CARE FACILITIES FOR FIVE OR FEWER CHILDREN
69A-41.101 Scope.
(1) These rules apply to any residential child care facility required to be licensed by the Florida Department of Children and Family Services, pursuant to Section 409.175, F.S., in which full-time residence is provided to five or fewer children who are unrelated to the proprietor and who are under age 18. Programs which use such a facility include, for example, group homes which are administered by an agency, wilderness camps, maternity homes, emergency shelters, and runaway shelters.
(2) These rules address life safety during fires and similar emergencies. They address particular matters of construction, protection, and occupancy of buildings to minimize danger to life from fire, smoke, fumes or panic before buildings are vacated.
Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.101.
69A-41.102 Definitions.
As used in this part of these rules:
(1) “Facility” means a residential child caring agency, a child placing agency, or a “Family Foster Home” as defined in Section 409.175(2), F.S.
(2) “Agency” means a residential child caring agency or a child-placing agency.
(3) “AHJ” means the local authority having firesafety and fire prevention jurisdiction which employs or contracts with at least one firesafety inspector certified under Chapter 633, F.S.
(4) “Division” means the Division of State Fire Marshal of the Department of Financial Services.
(5) “NFPA” means the National Fire Protection Association.
(6) “Child” means any unmarried person under the age of 18 years.
(7) “Owner” means the person who is licensed to operate the child-placing agency, family foster home, or residential child-caring agency.
Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022 FS. History–New 9-17-03, Formerly 4A-41.102.
69A-41.103 Standards of the National Fire Protection Association Adopted.
(1) The following portions of NFPA 101, known as the Life Safety Code, 2003 edition, are hereby adopted and incorporated herein by reference:
(a) Section 24.2.1;
(b) Section 24.2.2, except that an approved means of escape shall be equivalent to an outside window or door which shall be openable from the inside, without the use of tools or a key and shall provide a clear opening of not less than 22 inches in the least dimension and a minimum of 5 square feet in area. The bottom of the opening shall be not more than 48’’ above the finished floor;
(c) 24.2.3, 24.2.4, 24.3.4, 24.3.4.1, and 24.3.4.3.
(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.
Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.103.
69A-41.104 Occupancy Capacity of Each Facility.
The total number of children shall be as determined in accordance with Section 409.175(3)(a), F.S.
Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.104.
69A-41.105 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 AHJ 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, (rev. 03/20/03), Record of Emergency egress and relocation drill, which is hereby adopted and incorporated into these rules 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.
(c) The amount of time, in minutes and seconds, that were required for all occupants to safely exit the building.
(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 (6), 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 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.105.
69A-41.106 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 from the AHJ a firesafety inspection at least 30 days in advance of license expiration.
(3) The AHJ 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). All verbal inspection requests shall be followed by a written or electronic verification.
(5) Each required firesafety inspection shall be completed by the AHJ, where available.
(6) Any time there is no AHJ 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 (30) days after completing the inspection.
(9) For the purpose of meeting the fire safety inspection requirements of this subsection, a family foster home shall comply with the following:
(a) Install smoke detectors 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;
(c) Sleeping rooms shall have a primary and secondary means of escape in accordance with paragraph 69A-41.103(1)(b), F.A.C.;
(d) All heating appliances and other heating devices shall be properly vented;
(e) Emergency evacuation instructions must be posted in a conspicuous location;
(f) Conduct emergency egress and relocation drills in accordance with Rule 69A-41.105, F.A.C.;
(g) Be free of improperly stored combustible materials;
(h) All exits and stairs shall be free of storage or obstructions affecting its use;
(i) Be free of temporary electrical wiring;
(j) Have at least one (1) working flashlight for each sleeping room;
(k) Comply with Rules 69A-41.107 and 69A-41.108, F.A.C., of this rule chapter.
Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.106.
69A-41.107 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 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.107.
69A-41.108 Special Requirements.
(1) Each facility 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.
Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.108.
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