Amendment

Bill No. 0267

Amendment No. 366847

CHAMBER ACTION
Senate		House
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1	Representative Murman offered the following:
2
3	Amendment (with title amendment)
4	Between lines 175 and 176 insert:
5	Section 6.  Paragraph (a) of subsection (1) of section
6	400.441, Florida Statutes, is amended to read:
7	400.441  Rules establishing standards.--
8	(1)  It is the intent of the Legislature that rules
9	published and enforced pursuant to this section shall include
10	criteria by which a reasonable and consistent quality of
11	resident care and quality of life may be ensured and the results
12	of such resident care may be demonstrated. Such rules shall also
13	ensure a safe and sanitary environment that is residential and
14	noninstitutional in design or nature. It is further intended
15	that reasonable efforts be made to accommodate the needs and
16	preferences of residents to enhance the quality of life in a
17	facility. In order to provide safe and sanitary facilities and
18	the highest quality of resident care accommodating the needs and
19	preferences of residents, the department, in consultation with
20	the agency, the Department of Children and Family Services, and
21	the Department of Health, shall adopt rules, policies, and
22	procedures to administer this part, which must include
23	reasonable and fair minimum standards in relation to:
24	(a)  The requirements for and maintenance of facilities,
25	not in conflict with the provisions of chapter 553, relating to
26	plumbing, heating, cooling, lighting, ventilation, living space,
27	and other housing conditions, which will ensure the health,
28	safety, and comfort of residents and protection from fire
29	hazard, including adequate provisions for fire alarm and other
30	fire protection suitable to the size of the structure. Uniform
31	firesafety standards shall be established and enforced by the
32	State Fire Marshal in cooperation with the agency, the
33	department, and the Department of Health.
34	1.  Evacuation capability determination.--
35	a.  The provisions of the National Fire Protection
36	Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
37	for determining the ability of the residents, with or without
38	staff assistance, to relocate from or within a licensed facility
39	to a point of safety as provided in the fire codes adopted
40	herein. An evacuation capability evaluation for initial
41	licensure shall be conducted within 6 months after the date of
42	licensure. For existing licensed facilities that are not
43	equipped with an automatic fire sprinkler system, the
44	administrator shall evaluate the evacuation capability of
45	residents at least annually. The evacuation capability
46	evaluation for each facility not equipped with an automatic fire
47	sprinkler system shall be validated, without liability, by the
48	State Fire Marshal, by the local fire marshal, or by the local
49	authority having jurisdiction over firesafety, before the
50	license renewal date. If the State Fire Marshal, local fire
51	marshal, or local authority having jurisdiction over firesafety
52	has reason to believe that the evacuation capability of a
53	facility as reported by the administrator may have changed, it
54	may, with assistance from the facility administrator, reevaluate
55	the evacuation capability through timed exiting drills.
56	Translation of timed fire exiting drills to evacuation
57	capability may be determined:
58	(I)  Three minutes or less: prompt.
59	(II)  More than 3 minutes, but not more than 13 minutes:
60	slow.
61	(III)  More than 13 minutes: impractical.
62	b.  The Office of the State Fire Marshal shall provide or
63	cause the provision of training and education on the proper
64	application of Chapter 5, NFPA 101A, 1995 edition, to its
65	employees, to staff of the Agency for Health Care Administration
66	who are responsible for regulating facilities under this part,
67	and to local governmental inspectors. The Office of the State
68	Fire Marshal shall provide or cause the provision of this
69	training within its existing budget, but may charge a fee for
70	this training to offset its costs. The initial training must be
71	delivered within 6 months after July 1, 1995, and as needed
72	thereafter.
73	c.  The Office of the State Fire Marshal, in cooperation
74	with provider associations, shall provide or cause the provision
75	of a training program designed to inform facility operators on
76	how to properly review bid documents relating to the
77	installation of automatic fire sprinklers. The Office of the
78	State Fire Marshal shall provide or cause the provision of this
79	training within its existing budget, but may charge a fee for
80	this training to offset its costs. The initial training must be
81	delivered within 6 months after July 1, 1995, and as needed
82	thereafter.
83	d.  The administrator of a licensed facility shall sign an
84	affidavit verifying the number of residents occupying the
85	facility at the time of the evacuation capability evaluation.
86	2.  Firesafety requirements.--
87	a.  Except for the special applications provided herein,
88	effective January 1, 1996, the provisions of the National Fire
89	Protection Association, Life Safety Code, NFPA 101, 1994
90	edition, Chapter 22 for new facilities and Chapter 23 for
91	existing facilities shall be the uniform fire code applied by
92	the State Fire Marshal for assisted living facilities, pursuant
93	to s. 633.022.
94	b.  Any new facility, regardless of size, that applies for
95	a license on or after January 1, 1996, must be equipped with an
96	automatic fire sprinkler system. The exceptions as provided in
97	section 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein,
98	apply to any new facility housing eight or fewer residents. On
99	July 1, 1995, local governmental entities responsible for the
100	issuance of permits for construction shall inform, without
101	liability, any facility whose permit for construction is
102	obtained prior to January 1, 1996, of this automatic fire
103	sprinkler requirement. As used in this part, the term "a new
104	facility" does not mean an existing facility that has undergone
105	change of ownership.
106	c.  Notwithstanding any provision of s. 633.022 or of the
107	National Fire Protection Association, NFPA 101A, Chapter 5, 1995
108	edition, to the contrary, any existing facility housing eight or
109	fewer residents is not required to install an automatic fire
110	sprinkler system, nor to comply with any other requirement in
111	Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
112	requirements of NFPA 101, 1988 edition, that applies to this
113	size facility, unless the facility has been classified as
114	impractical to evacuate. Any existing facility housing eight or
115	fewer residents that is classified as impractical to evacuate
116	must install an automatic fire sprinkler system within the
117	timeframes granted in this section.
118	d.  Any existing facility that is required to install an
119	automatic fire sprinkler system under this paragraph need not
120	meet other firesafety requirements of Chapter 23, NFPA 101, 1994
121	edition, which exceed the provisions of NFPA 101, 1988 edition.
122	The mandate contained in this paragraph which requires certain
123	facilities to install an automatic fire sprinkler system
124	supersedes any other requirement.
125	e.  This paragraph does not supersede the exceptions
126	granted in NFPA 101, 1988 edition or 1994 edition.
127	f.  This paragraph does not exempt facilities from other
128	firesafety provisions adopted under s. 633.022 and local
129	building code requirements in effect before July 1, 1995.
130	g.  A local government may charge fees only in an amount
131	not to exceed the actual expenses incurred by local government
132	relating to the installation and maintenance of an automatic
133	fire sprinkler system in an existing and properly licensed
134	assisted living facility structure as of January 1, 1996.
135	h.  If a licensed facility undergoes major reconstruction
136	or addition to an existing building on or after January 1, 1996,
137	the entire building must be equipped with an automatic fire
138	sprinkler system. Major reconstruction of a building means
139	repair or restoration that costs in excess of 50 percent of the
140	value of the building as reported on the tax rolls, excluding
141	land, before reconstruction. Multiple reconstruction projects
142	within a 5-year period the total costs of which exceed 50
143	percent of the initial value of the building at the time the
144	first reconstruction project was permitted are to be considered
145	as major reconstruction. Application for a permit for an
146	automatic fire sprinkler system is required upon application for
147	a permit for a reconstruction project that creates costs that go
148	over the 50-percent threshold.
149	i.  Any facility licensed before January 1, 1996, that is
150	required to install an automatic fire sprinkler system shall
151	ensure that the installation is completed within the following
152	timeframes based upon evacuation capability of the facility as
153	determined under subparagraph 1.:
154	(I)  Impractical evacuation capability, 24 months.
155	(II)  Slow evacuation capability, 48 months.
156	(III)  Prompt evacuation capability, 60 months.
157
158	The beginning date from which the deadline for the automatic
159	fire sprinkler installation requirement must be calculated is
160	upon receipt of written notice from the local fire official that
161	an automatic fire sprinkler system must be installed. The local
162	fire official shall send a copy of the document indicating the
163	requirement of a fire sprinkler system to the Agency for Health
164	Care Administration.
165	j.  It is recognized that the installation of an automatic
166	fire sprinkler system may create financial hardship for some
167	facilities. The appropriate local fire official shall, without
168	liability, grant two 1-year extensions to the timeframes for
169	installation established herein, if an automatic fire sprinkler
170	installation cost estimate and proof of denial from two
171	financial institutions for a construction loan to install the
172	automatic fire sprinkler system are submitted. However, for any
173	facility with a class I or class II, or a history of uncorrected
174	class III, firesafety deficiencies, an extension must not be
175	granted. The local fire official shall send a copy of the
176	document granting the time extension to the Agency for Health
177	Care Administration.
178	k.  A facility owner whose facility is required to be
179	equipped with an automatic fire sprinkler system under Chapter
180	23, NFPA 101, 1994 edition, as adopted herein, must disclose to
181	any potential buyer of the facility that an installation of an
182	automatic fire sprinkler requirement exists. The sale of the
183	facility does not alter the timeframe for the installation of
184	the automatic fire sprinkler system.
185	l.  Existing facilities required to install an automatic
186	fire sprinkler system as a result of construction-type
187	restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
188	herein, or evacuation capability requirements shall be notified
189	by the local fire official in writing of the automatic fire
190	sprinkler requirement, as well as the appropriate date for final
191	compliance as provided in this subparagraph. The local fire
192	official shall send a copy of the document to the Agency for
193	Health Care Administration.
194	m.  Except in cases of life-threatening fire hazards, if an
195	existing facility experiences a change in the evacuation
196	capability, or if the local authority having jurisdiction
197	identifies a construction-type restriction, such that an
198	automatic fire sprinkler system is required, it shall be
199	afforded time for installation as provided in this subparagraph.
200
201	Facilities that are fully sprinkled and in compliance with other
202	firesafety standards are not required to conduct more than one
203	of the required fire drills between the hours of 11 p.m. and 7
204	a.m., per year. In lieu of the remaining drills, staff
205	responsible for residents during such hours may be required to
206	participate in a mock drill that includes a review of evacuation
207	procedures. Such standards must be included or referenced in the
208	rules adopted by the State Fire Marshal. Pursuant to s.
209	633.022(1)(b), the State Fire Marshal is the final
210	administrative authority for firesafety standards established
211	and enforced pursuant to this section. All licensed facilities
212	must have an annual fire inspection conducted by the local fire
213	marshal or authority having jurisdiction.
214	3.  Resident elopement requirements.--Facilities are
215	required to conduct a minimum of two resident elopement
216	prevention and response drills per year. All administrators and
217	direct care staff must participate in the drills which shall
218	include a review of procedures to address resident elopement.
219	Facilities must document the implementation of the drills and
220	ensure that the drills are conducted in a manner consistent with
221	the facility's resident elopement policies and procedures.
222
223	================ T I T L E  A M E N D M E N T =============
224	Between lines 21 and 22 insert:
225	amending s. 400.441, F.S.; requiring facilities to conduct
226	resident elopement prevention and response drills and to provide
227	documentation thereof;

CODING: Words stricken are deletions; words underlined are additions.