CHAPTER 69A-53

UNIFORM FIRE SAFETY STANDARDS FOR HOSPITALS AND NURSING HOMES

69A-53.001          Title.

69A-53.003          Purpose.

69A-53.003          Scope.

69A-53.004          Standards of the National Fire Protection Association Adopted.

69A-53.005          Purpose and Scope.

69A-53.0051        Definitions.

69A-53.0052        Fire Sprinkler Requirements for Nursing Homes.

69A-53.0053        State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Application

                                Procedures.

69A-53.0054        State Fire Marshal Nursing Home Fire Proetection Loan Guarantee Program: Eligibility and

                                Coordination of Construction with Loan Requirements.

69A-53.001 Title.

These rules comprising Rule Chapter 69A-53, F.A.C., shall be known as the “Uniform Fire Safety Standards for Hospitals and Nursing Homes.”

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-8-90, Formerly 4A-53.001.

69A-53.002 Purpose.

(1) The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree of safety from fire in buildings, structures or premises used as hospitals and nursing homes.

(2) These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary inconveniences or interference with the normal use and occupancy of hospitals and nursing homes, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-8-90, Formerly 4A-53.002.

69A-53.003 Scope.

(1) These rules are concerned with life safety during fires and similar emergencies. They address particular matters such as devices, systems installations, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes or panic before buildings, structures or premises are vacated.

(2) These rules apply to both new and existing hospitals and nursing homes.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022 FS. History–New 10-8-90, Amended 7-11-01, Formerly 4A-53.003.

69A-53.004 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 adopted in Rule 69A-3.012, F.A.C., and incorporated herein by reference shall be the Uniform Fire Safety Standards for Hospitals and Nursing Homes.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-8-90, Formerly 4A-53.004.

69A-53.005 Purpose and Scope.

This part implements Sections 633.022(4), 633.024, and 633.0245, F.S. (2005), by providing procedures for owners of eligible nursing homes to participate in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program, a limited state guarantee program intended to mobilize private funding for the installation of required fire sprinkler systems in unprotected, eligible nursing homes within Florida.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

69A-53.0051 Definitions.

(1) “Eligible Nursing Home” means a facility that provides nursing services as defined in Chapter 464, F.S., is licensed under Part II of Chapter 400, F.S., and is certified by the Agency for Health Care Administration to lack an installed fire protection system as defined in Section 633.021(9), F.S.

(2) “Hazardous area” means each:

(a) Boiler and fuel fired heater room.

(b) Central and bulk laundry more than 100 square feet in area.

(c) Paint shop.

(d) Repair shop.

(e) Soiled linen room.

(f) Trash collection room.

(g) Storage room larger than fifty (50) square feet in area which contains combustible supplies or equipment in quantities deemed hazardous by the authority having jurisdiction, pursuant to the applicable provisions of the Florida Fire Prevention Code adopted in Rule Chapter 69A-60, F.A.C.

(h) Laboratories employing flammable or combustible materials.

(i) Other areas posing a higher degree of hazard than that normally associated with the occupancy as determined by the authority having jurisdiction, pursuant to the applicable provisions of the Florida Fire Prevention Code adopted in Rule Chapter 69A-60, F.A.C.

(3) “Participating qualified public depository” means a financial institution qualified as a public depository in this state which has entered into a limited loan guarantee agreement with the State Fire Marshal pursuant to Section 633.0245, F.S.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

69A-53.0052 Fire Sprinkler Requirements for Nursing Homes.

(1) Section 633.022(4), F.S., requires that nursing homes licensed under Part II of Chapter 400, F.S., be protected throughout by an approved supervised automatic sprinkler system in accordance with Chapter Nine (9) of the Florida Edition of NFPA 101, the Life Safety Code adopted in Rule 69A-3.012, F.A.C., no later than December 31, 2010.

(2) The Division shall grant a maximum of two one-year extensions to the final date of compliance only after establishing that the nursing home has been prevented from complying for reasons beyond its control. Such reasons may include:

(a) A last-minute, unexpected loss of funding for all or a portion of the project that is unrelated to an action by, or the financial standing of, the nursing home.

(b) Unexpected structural issues with the planned retrofitting of the nursing home that have resulted in a need for additional labor, equipment, planning or funding.

(c) Any other reason the owner can establish that is:

1. Unrelated to either delay or inattention on the part of the owner, and

2. Of sufficient import or magnitude that the project cannot feasibly be completed by the applicable deadline.

(3) A request for extension under subsection (2) must:

(a) Be received by the Division prior to the expiration of the deadline,

(b) Be accompanied by sufficient information and data to clearly establish the factual basis for the request, and

(c) Establish the owner’s ability to complete the project by the end of the extension period.

Rulemaking Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07, Amended 7-15-09.

69A-53.0053 State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Application Procedures.

(1) An owner of an eligible nursing home who wishes to participate in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program must make application on Form DFS-K3-1659 (effective 2-18-07) which is hereby adopted and incorporated herein, and which may be obtained by contacting the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The application must be accompanied by the conceptual design documentation for the proposed fire sprinkler system as prepared by or on behalf of a person certified under Section 633.521, F.S.

(2) All properly completed applications, which must include acceptable documentation for the conceptual design, for participation in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program must be received by the State Fire Marshal on or before July 1, 2009.

(3) Upon submission of an application for funding through the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program, the State Fire Marshal shall evaluate the proposed fire protection system and determine whether it complies with all applicable fire safety code provisions.

(4) If the proposed fire protection system does not comply with the applicable fire safety code provisions, the Division of State Fire Marshal shall notify the owner in writing of each area of deficiency and the specific code provision governing the deficiency, and shall take no further action until each deficiency has been corrected.

(5) Upon receipt of an application that meets the requirements of this rule chapter and provides for the construction of a fire protection system that complies with the applicable fire safety code provisions, the State Fire Marshal shall issue a conditional approval of the application.

(6) If the loan application is approved for funding pursuant to Rule 69A-53.0054, F.A.C., the nursing home owner shall provide the State Fire Marshal with a final set of sealed construction plans for the project, which must be approved by the State Fire Marshal prior to initiation of construction. Once such approval is given, installation will then be permitted to commence, if all applicable building permits for the project have been issued.

(7) During construction of the fire protection system, the State Fire Marshal shall conduct as many on-site inspections as deemed necessary to ensure that the installation of the required fire sprinkler system is in accordance with the approved plans. All required inspections of the installation must be performed by the State Fire Marshal or by an authorized local fire official. Final approval will be granted only when the system has been installed in accordance with Chapter 69A-46, F.A.C.

(8) The installing contractor shall coordinate all required operational testing with the State Fire Marshal.

(9) The State Fire Marshal shall witness a final operational test of the complete fire sprinkler system prior to issuing final approval.

Rulemaking Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07, Amended 7-15-09.

69A-53.0054 State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements.

(1) Upon receipt of a conditionally approved application from the State Fire Marshal, if the nursing home seeks to participate in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program, it shall present the loan application to a lender which is a participating qualified public depository. Approval of an individual loan with an individual nursing home owner is at the discretion of the participating qualified public depository.

(2) Upon final approval of the loan by the participating qualified public depository and of the fire protection system by the State Fire Marshal, a limited loan guarantee document will be presented to the participating qualified public depository. The State’s limited loan guarantee will provide for a guarantee of no more than fifty percent (50%) of the principal sum loaned by the participating qualified public depository. The guarantee will not cover late fees, accelerated interest, or other charges assessed as a result of the default of the nursing home owner.

(3) As certain installations may be complex and lengthy, a draw program may be required. In these instances, a draw schedule and retainage requirement will be established by the participating qualified public depository.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.