Notice of Change/Withdrawal

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NO: RULE TITLE
69A-38.018: Title
69A-38.019: Purpose
69A-38.020: Scope
69A-38.021: Discretionary Powers of the Authority Having Jurisdiction
69A-38.023: Standards of the National Fire Protection Association Adopted
69A-38.024: Documentation of Client's Evacuation Status
69A-38.025: Extinguishment Requirements
69A-38.026: Operating Features
69A-38.027: Special Features
69A-38.028: Standards of the National Fire Protection Association Adopted
69A-38.029: Documentation of Client's Evacuation Status
69A-38.030: Operating Features
69A-38.031: Special Features
69A-38.032: Standards of the National Fire Protection Association Adopted
69A-38.033: Documentation of Client's Evacuation Status
69A-38.034: Operating Features
69A-38.035: Emergency Egress and Relocation Drills
69A-38.036: Inspections
69A-38.037: Cooking Equipment; Exception
69A-38.038: Special Requirements
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 2, January 12, 2007 issue of the Florida Administrative Weekly.

69A-38.0032 Standards of the National Fire Protection Association Adopted.

(1) The following portions of the National Fire Protection Association Standard 101, Florida edition, Life Safety Code, Chapter 32 for new facilities and Chapter 33 for existing facilities, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to facilities for the developmentally disabled, except as modified by this rule:

(a) through (b) No change.

(c) Each foster care facility and each group home facility which does not meet the evacuation capability of “prompt” but which does meet an evacuation capability of “slow” shall also comply with the requirements of Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, National Fire Protection Association (NFPA) 101, Florida edition, as adopted in 69A-3.012, F.A.C., to be considered to have met the firesafety requirements under Rule 69A-38.0032, F.A.C. Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, Florida edition, as adopted in 69A-3.012, F.A.C., are hereby adopted and incorporated by reference.

(d) No change.

(2) No change.

69A-38.0035 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, as defined in NFPA 1, §3.2.2, adopted by reference in 69A-3.012 F.A.C., “the organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure,” is permitted to require an additional emergency egress and relocation drill in conjunction with an annual firesafety inspection.

 

(2) through (8) No change.

                69A-38.0038 Special Requirements.

                (1) Each facility shall have installed at least one portable fire extinguisher with a minimum rating of 2A-10BC.

                (2) No portable unvented fuel-fired heaters shall be permitted unless the heater is listed by a testing laboratory recognized by the United States Department of Labor, another state or regional regulatory authority, or rule of the Department, and approved for such use.

                (3) through (4) No change.