PART II, State Fire Marshal Nursing Home Fire Protection 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 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________.
Rule 69A-53.0051 “Definitions” is changed as follows:
(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)(8), F.S.
(2) No change.
(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_______.
Rule 69A-53.0052 “Fire Sprinkler Requirements for Nursing Homes” is changed as follows:
(1) Section 633.022(4), F.S., requires mandates that the owner of each eligible nursing home licensed under Part II of Chapter 400, F.S., be protected by an approved supervised automatic sprinkler system provide protection by the installation of a fire sprinkler system throughout the entire facility in accordance with Chapter Nine (9) of the National Fire Protection Association, Inc., Life Safety Code, Florida Edition of NFPA 101, the Life Safety Code, 2003 edition, adopted in Rule 69A-3.012, F.A.C. Florida Administrative Code, pursuant to the following schedule:
(a) Each hazardous area of each an eligible nursing home shall be protected by an approved, supervised automatic fire sprinkler system by no later than December 31, 2008.
(b) Each eligible nursing home, in its entirety, shall be protected by an approved, supervised automatic fire sprinkler system by no later than December 31, 2010.
(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.
(2)(3) No change.
(3)(4) A request for extension under subsection (2)(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), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History– New________.
Rule 69A-53.0053 “State Fire Marshal Nursing Home Loan Guarantee Program: Application Procedures” is changed as follows.
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 1/3/06) 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)(a) 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.
(b) 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 June 30, 2006.
(3) through (8) No change.
Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History– New________.
Rule 69A-53.0054 “State Fire Marshal Nursing Home Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements” is changed as follows:
69A-53.0054 State Fire Marshal Nursing Home Fire Protection 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 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/lender.
(2) Upon final approval of the loan by the participating 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 participating 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 participating 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 participating qualified public depository/lender.
Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History– New________.