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 Loan Guarantee Program: Application Procedures
69A-53.0054: State Fire Marshal Nursing Home Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements
PURPOSE AND EFFECT: To adopt rules providing for requirements and procedures to utilize the nursing home loan guarantee program as required by Section 633.0245(11) Florida Statutes.
SUMMARY: Provides requirements and procedures for the loan guarantee program for sprinklers in nursing homes.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 633.01(1) FS. 633.022(1) FS. 633.0245 FS.
LAW IMPLEMENTED: 633.022(4) FS. 633.024 FS. 633.0245 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Thursday, May 11, 2006, 9:00 a.m.
PLACE: 116 Larson Building, 200 East Gaines, Street, Tallahassee, Florida.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Millicent King at (850)413-3173. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Goodloe, Chief, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342, (850)413-3173, Fax. (850)414-6119, email: Jim.Goodloe@fldfs.com.
THE FULL TEXT OF THE PROPOSED RULE IS:
PART II, State Fire Marshal Nursing Home Loan Guarantee Program for Installation of Fire Protection Equipment.
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 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) FS., 633.022(1) FS., 633.0245(11) FS. Law Implemented 633.022(4) FS., 633.024 FS., 633.0245 FS. History–New ________.
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(8), 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 50 square feet in area which contain combustible supplies or equipment in quantities deemed hazardous by the authority having jurisdiction, pursuant to the applicable provisions of the
(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
Specific Authority 633.01(1) FS., 633.022(1) FS., 633.0245(11) FS. Law Implemented 633.022(4) FS., 633.024 FS., 633.0245 FS. History–New ________.
69A-53.0052 Fire Sprinkler Requirements for Nursing Homes.
(1) Section 633.022(4), F.S., mandates that the owner of each eligible nursing home provide protection by the installation of a fire sprinkler system throughout the entire facility in accordance with Chapter Nine (9) of the Florida Edition of NFPA 101, the Life Safety Code, 2003 edition, adopted in Rule 69A-3.012, Florida Administrative Code, pursuant to the following schedule:
(a) Each hazardous area of an eligible nursing home shall be protected by an approved fire sprinkler system by no later than
(b) Each eligible nursing home, in its entirety, shall be protected by an approved fire sprinkler system by no later than
(2) The State Fire Marshal shall, within thirty days of the effective date of this rule, provide written notice to the owner of each eligible nursing home of the requirement for the installation of fire sprinklers pursuant to the schedule provided above. The notice shall include:
(a) The fire sprinkler requirements and the schedule for compliance as listed in this section.
(b) An application for approval of the system and for funding through the State Fire Marshal Nursing Home Loan Guarantee Program.
(3) The Division may grant a maximum of two one-year extensions to the final date of compliance with subsections (1)(a) and (b) above, for the hazardous area portion of the retrofitting project, 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 are:
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.
(4) A request for extension under subsection (3) must:
(a) Be received by the Division prior to the expiration of the deadline in question,
(b) Be accompanied by sufficient information and data to clearly establish the factual basis for the request, and
(c) Also establish the owner’s ability to complete the project by the end of the extension period.
Specific Authority 633.01(1) FS., 633.022(1) FS., 633.0245(11) FS. Law Implemented 633.022(4) FS., 633.024 FS., 633.0245 FS. History–New ________.
69A-53.0053 State Fire Marshal Nursing Home Loan Guarantee Program: Application Procedures.
(1) An owner of an eligible nursing home who wishes to participate in the State Fire Marshal Nursing Home Loan Guarantee Program must make application on Form DFS-K3-1659 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 Chapter 633.521, F. S.
(2)(a) Upon submission of an application for funding through the 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.
(b) All properly completed applications, which must include acceptable documentation for the conceptual design, for participation in the Nursing Home Loan Guarantee Program must be received by the State Fire Marshal on or before
(3) 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.
(4) 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.
(5) If the loan application is approved for funding pursuant to Section 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. Installation will then be permitted to commence, so long as all applicable building permits for the project have been issued.
(6) 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.
(7) The installing contractor shall coordinate all required operational testing with the State Fire Marshal.
(8) The State Fire Marshal shall witness a final operational test of the complete fire sprinkler system prior to issuing final approval.
Specific Authority: 633.01(1) FS., 633.022(1) FS., 633.0245(11) FS. Law Implemented 633.022(4) FS., 633.024 FS., 633.0245 FS. History–New ________.
69A-53.0054 State Fire Marshal Nursing Home Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements.
(1)(a) Within 30 days from the effective date of this rule, the Division of State Fire Marshal shall provide the names and addresses of all qualified public depositories in this state to each eligible nursing home.
(b)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 Loan Guarantee Program, it shall present the loan application to a lender which is a qualified public depository. Approval of an individual loan with an individual nursing home owner is at the discretion of the qualified public depository/lender.
(2) Upon final approval of the loan by the qualified public depository/lender and of the fire protection system by the State Fire Marshal, a limited loan guarantee document will be presented to the qualified public depository/lender. The State’s limited loan guarantee will provide for a guarantee of no more than 50 percent of the principal sum loaned by the qualified public depository/lender. 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 some installations may be complex and lengthy, a draw program may be required. In such a case, a draw schedule and retainage requirement will be established by the qualified public depository/lender.
Specific Authority 633.01(1) FS., 633.022(1) FS., 633.0245(11) FS. Law Implemented 633.022(4) FS., 633.024 FS., 633.0245 FS. History–New ________.