Florida Senate - 2016 SB 1164
By Senator Legg
17-01414A-16 20161164__
1 A bill to be entitled
2 An act relating to firesafety; amending s. 429.41,
3 F.S.; requiring the State Fire Marshal to adopt
4 uniform firesafety standards for assisted living
5 facilities; revising provisions relating to the
6 minimum standards that must be adopted by the
7 Department of Elderly Affairs for firesafety in
8 assisted living facilities; clarifying the fees a
9 utility may charge for the installation and
10 maintenance of an automatic fire sprinkler system;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (1) of section 429.41, Florida
16 Statutes, is amended to read:
17 429.41 Rules establishing standards.—
18 (1) It is the intent of the Legislature that rules
19 published and enforced pursuant to this section shall include
20 criteria by which a reasonable and consistent quality of
21 resident care and quality of life may be ensured and the results
22 of such resident care may be demonstrated. Such rules shall also
23 ensure a safe and sanitary environment that is residential and
24 noninstitutional in design or nature. It is further intended
25 that reasonable efforts be made to accommodate the needs and
26 preferences of residents to enhance the quality of life in a
27 facility. The State Fire Marshal shall adopt uniform firesafety
28 standards for assisted living facilities as specified in s.
29 633.206. The agency, in consultation with the department, may
30 adopt rules to administer the requirements of part II of chapter
31 408. In order to provide safe and sanitary facilities and the
32 highest quality of resident care accommodating the needs and
33 preferences of residents, the department, in consultation with
34 the agency, the Department of Children and Families, and the
35 Department of Health, shall adopt rules, policies, and
36 procedures to administer this part, which must include
37 reasonable and fair minimum standards in relation to:
38 (a) The requirements for and maintenance of facilities, not
39 in conflict with chapter 553, relating to plumbing, heating,
40 cooling, lighting, ventilation, living space, and other housing
41 conditions, which will ensure the health, safety, and comfort of
42 residents and protection from fire hazard, including adequate
43 provisions for fire alarm and other fire protection suitable to
44 the size of the structure. Uniform firesafety standards shall be
45 established and enforced by the State Fire Marshal in
46 cooperation with the agency, the department, and the Department
47 of Health.
48 1. Firesafety evacuation capability determination.—
49 a. The National Fire Protection Association, NFPA 101A,
50 Chapter 5, 1995 edition, shall be used for determining the
51 ability of the residents, with or without staff assistance, to
52 relocate from or within a licensed facility to a point of safety
53 as provided in the fire codes adopted herein. An evacuation
54 capability evaluation for initial licensure shall be conducted
55 within 6 months after the date of licensure. For existing
56 licensed facilities that are not equipped with an automatic fire
57 sprinkler system, the administrator shall evaluate the
58 evacuation capability of residents at least annually. The
59 evacuation capability evaluation for each facility not equipped
60 with an automatic fire sprinkler system shall be validated,
61 without liability, by the State Fire Marshal, by the local fire
62 marshal, or by the local authority having jurisdiction over
63 firesafety, before the license renewal date. If the State Fire
64 Marshal, local fire marshal, or local authority having
65 jurisdiction over firesafety has reason to believe that the
66 evacuation capability of a facility as reported by the
67 administrator may have changed, it may, with assistance from the
68 facility administrator, reevaluate the evacuation capability
69 through timed exiting drills. Translation of timed fire exiting
70 drills to evacuation capability may be determined:
71 (I) Three minutes or less: prompt.
72 (II) More than 3 minutes, but not more than 13 minutes:
73 slow.
74 (III) More than 13 minutes: impractical.
75 b. The Office of the State Fire Marshal shall provide or
76 cause the provision of training and education on the proper
77 application of Chapter 5, NFPA 101A, 1995 edition, to its
78 employees, to staff of the Agency for Health Care Administration
79 who are responsible for regulating facilities under this part,
80 and to local governmental inspectors. The Office of the State
81 Fire Marshal shall provide or cause the provision of this
82 training within its existing budget, but may charge a fee for
83 this training to offset its costs. The initial training must be
84 delivered within 6 months after July 1, 1995, and as needed
85 thereafter.
86 c. The Office of the State Fire Marshal, in cooperation
87 with provider associations, shall provide or cause the provision
88 of a training program designed to inform facility operators on
89 how to properly review bid documents relating to the
90 installation of automatic fire sprinklers. The Office of the
91 State Fire Marshal shall provide or cause the provision of this
92 training within its existing budget, but may charge a fee for
93 this training to offset its costs. The initial training must be
94 delivered within 6 months after July 1, 1995, and as needed
95 thereafter.
96 d. The administrator of a licensed facility shall sign an
97 affidavit verifying the number of residents occupying the
98 facility at the time of the evacuation capability evaluation.
99 2. Firesafety requirements.—
100 a. Except for the special applications provided herein,
101 effective January 1, 1996, The National Fire Protection
102 Association, Life Safety Code, NFPA 101 and 101A, current
103 editions 1994 edition, Chapter 22 for new facilities and Chapter
104 23 for existing facilities shall be used in determining the
105 uniform firesafety fire code adopted applied by the State Fire
106 Marshal for assisted living facilities, pursuant to s. 633.206.
107 b. Any new facility, regardless of size, that applies for a
108 license on or after January 1, 1996, must be equipped with an
109 automatic fire sprinkler system. The exceptions as provided in
110 s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
111 to any new facility housing eight or fewer residents. On July 1,
112 1995, local governmental entities responsible for the issuance
113 of permits for construction shall inform, without liability, any
114 facility whose permit for construction is obtained before
115 January 1, 1996, of this automatic fire sprinkler requirement.
116 As used in this part, the term “a new facility” does not mean an
117 existing facility that has undergone change of ownership.
118 c. Notwithstanding any provision of s. 633.206 or of the
119 National Fire Protection Association, NFPA 101A, Chapter 5, 1995
120 edition, to the contrary, any existing facility housing eight or
121 fewer residents is not required to install an automatic fire
122 sprinkler system, nor to comply with any other requirement in
123 Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
124 requirements of NFPA 101, 1988 edition, that applies to this
125 size facility, unless the facility has been classified as
126 impractical to evacuate. Any existing facility housing eight or
127 fewer residents that is classified as impractical to evacuate
128 must install an automatic fire sprinkler system within the
129 timeframes granted in this section.
130 d. Any existing facility that is required to install an
131 automatic fire sprinkler system under this paragraph need not
132 meet other firesafety requirements of Chapter 23, NFPA 101, 1994
133 edition, which exceed the provisions of NFPA 101, 1988 edition.
134 The mandate contained in this paragraph which requires certain
135 facilities to install an automatic fire sprinkler system
136 supersedes any other requirement.
137 e. This paragraph does not supersede the exceptions granted
138 in NFPA 101, 1988 edition or 1994 edition.
139 f. This paragraph does not exempt facilities from other
140 firesafety provisions adopted under s. 633.206 and local
141 building code requirements in effect before July 1, 1995.
142 b.g. A local government or a utility may charge fees only
143 in an amount not to exceed the actual expenses incurred by the
144 local government or the utility relating to the installation and
145 maintenance of an automatic fire sprinkler system in an existing
146 and properly licensed assisted living facility structure as of
147 January 1, 1996.
148 h. If a licensed facility undergoes major reconstruction or
149 addition to an existing building on or after January 1, 1996,
150 the entire building must be equipped with an automatic fire
151 sprinkler system. Major reconstruction of a building means
152 repair or restoration that costs in excess of 50 percent of the
153 value of the building as reported on the tax rolls, excluding
154 land, before reconstruction. Multiple reconstruction projects
155 within a 5-year period the total costs of which exceed 50
156 percent of the initial value of the building when the first
157 reconstruction project was permitted are to be considered as
158 major reconstruction. Application for a permit for an automatic
159 fire sprinkler system is required upon application for a permit
160 for a reconstruction project that creates costs that go over the
161 50-percent threshold.
162 i. Any facility licensed before January 1, 1996, that is
163 required to install an automatic fire sprinkler system shall
164 ensure that the installation is completed within the following
165 timeframes based upon evacuation capability of the facility as
166 determined under subparagraph 1.:
167 (I) Impractical evacuation capability, 24 months.
168 (II) Slow evacuation capability, 48 months.
169 (III) Prompt evacuation capability, 60 months.
170
171 The beginning date from which the deadline for the automatic
172 fire sprinkler installation requirement must be calculated is
173 upon receipt of written notice from the local fire official that
174 an automatic fire sprinkler system must be installed. The local
175 fire official shall send a copy of the document indicating the
176 requirement of a fire sprinkler system to the Agency for Health
177 Care Administration.
178 j. It is recognized that the installation of an automatic
179 fire sprinkler system may create financial hardship for some
180 facilities. The appropriate local fire official shall, without
181 liability, grant two 1-year extensions to the timeframes for
182 installation established herein, if an automatic fire sprinkler
183 installation cost estimate and proof of denial from two
184 financial institutions for a construction loan to install the
185 automatic fire sprinkler system are submitted. However, for any
186 facility with a class I or class II, or a history of uncorrected
187 class III, firesafety deficiencies, an extension must not be
188 granted. The local fire official shall send a copy of the
189 document granting the time extension to the Agency for Health
190 Care Administration.
191 k. A facility owner whose facility is required to be
192 equipped with an automatic fire sprinkler system under Chapter
193 23, NFPA 101, 1994 edition, as adopted herein, must disclose to
194 any potential buyer of the facility that an installation of an
195 automatic fire sprinkler requirement exists. The sale of the
196 facility does not alter the timeframe for the installation of
197 the automatic fire sprinkler system.
198 l. Existing facilities required to install an automatic
199 fire sprinkler system as a result of construction-type
200 restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
201 herein, or evacuation capability requirements shall be notified
202 by the local fire official in writing of the automatic fire
203 sprinkler requirement, as well as the appropriate date for final
204 compliance as provided in this subparagraph. The local fire
205 official shall send a copy of the document to the Agency for
206 Health Care Administration.
207 m. Except in cases of life-threatening fire hazards, if an
208 existing facility experiences a change in the evacuation
209 capability, or if the local authority having jurisdiction
210 identifies a construction-type restriction, such that an
211 automatic fire sprinkler system is required, it shall be given
212 time for installation as provided in this subparagraph.
213
214 Facilities that are fully sprinkled and in compliance with other
215 firesafety standards are not required to conduct more than one
216 of the required fire drills between the hours of 11 p.m. and 7
217 a.m., per year. In lieu of the remaining drills, staff
218 responsible for residents during such hours may be required to
219 participate in a mock drill that includes a review of evacuation
220 procedures. Such standards must be included or referenced in the
221 rules adopted by the State Fire Marshal. Pursuant to s.
222 633.206(1)(b), the State Fire Marshal is the final
223 administrative authority for firesafety standards established
224 and enforced pursuant to this section.
225 c. All licensed facilities must have an annual fire
226 inspection conducted by the local fire marshal or authority
227 having jurisdiction.
228 3. Resident elopement requirements.—Facilities are required
229 to conduct a minimum of two resident elopement prevention and
230 response drills per year. All administrators and direct care
231 staff must participate in the drills which shall include a
232 review of procedures to address resident elopement. Facilities
233 must document the implementation of the drills and ensure that
234 the drills are conducted in a manner consistent with the
235 facility’s resident elopement policies and procedures.
236 (b) The preparation and annual update of a comprehensive
237 emergency management plan. Such standards must be included in
238 the rules adopted by the department after consultation with the
239 Division of Emergency Management. At a minimum, the rules must
240 provide for plan components that address emergency evacuation
241 transportation; adequate sheltering arrangements; postdisaster
242 activities, including provision of emergency power, food, and
243 water; postdisaster transportation; supplies; staffing;
244 emergency equipment; individual identification of residents and
245 transfer of records; communication with families; and responses
246 to family inquiries. The comprehensive emergency management plan
247 is subject to review and approval by the local emergency
248 management agency. During its review, the local emergency
249 management agency shall ensure that the following agencies, at a
250 minimum, are given the opportunity to review the plan: the
251 Department of Elderly Affairs, the Department of Health, the
252 Agency for Health Care Administration, and the Division of
253 Emergency Management. Also, appropriate volunteer organizations
254 must be given the opportunity to review the plan. The local
255 emergency management agency shall complete its review within 60
256 days and either approve the plan or advise the facility of
257 necessary revisions.
258 (c) The number, training, and qualifications of all
259 personnel having responsibility for the care of residents. The
260 rules must require adequate staff to provide for the safety of
261 all residents. Facilities licensed for 17 or more residents are
262 required to maintain an alert staff for 24 hours per day.
263 (d) All sanitary conditions within the facility and its
264 surroundings which will ensure the health and comfort of
265 residents. The rules must clearly delineate the responsibilities
266 of the agency’s licensure and survey staff, the county health
267 departments, and the local authority having jurisdiction over
268 firesafety and ensure that inspections are not duplicative. The
269 agency may collect fees for food service inspections conducted
270 by the county health departments and transfer such fees to the
271 Department of Health.
272 (e) License application and license renewal, transfer of
273 ownership, proper management of resident funds and personal
274 property, surety bonds, resident contracts, refund policies,
275 financial ability to operate, and facility and staff records.
276 (f) Inspections, complaint investigations, moratoriums,
277 classification of deficiencies, levying and enforcement of
278 penalties, and use of income from fees and fines.
279 (g) The enforcement of the resident bill of rights
280 specified in s. 429.28.
281 (h) The care and maintenance of residents, which must
282 include, but is not limited to:
283 1. The supervision of residents;
284 2. The provision of personal services;
285 3. The provision of, or arrangement for, social and leisure
286 activities;
287 4. The arrangement for appointments and transportation to
288 appropriate medical, dental, nursing, or mental health services,
289 as needed by residents;
290 5. The management of medication;
291 6. The nutritional needs of residents;
292 7. Resident records; and
293 8. Internal risk management and quality assurance.
294 (i) Facilities holding a limited nursing, extended
295 congregate care, or limited mental health license.
296 (j) The establishment of specific criteria to define
297 appropriateness of resident admission and continued residency in
298 a facility holding a standard, limited nursing, extended
299 congregate care, and limited mental health license.
300 (k) The use of physical or chemical restraints. The use of
301 physical restraints is limited to half-bed rails as prescribed
302 and documented by the resident’s physician with the consent of
303 the resident or, if applicable, the resident’s representative or
304 designee or the resident’s surrogate, guardian, or attorney in
305 fact. The use of chemical restraints is limited to prescribed
306 dosages of medications authorized by the resident’s physician
307 and must be consistent with the resident’s diagnosis. Residents
308 who are receiving medications that can serve as chemical
309 restraints must be evaluated by their physician at least
310 annually to assess:
311 1. The continued need for the medication.
312 2. The level of the medication in the resident’s blood.
313 3. The need for adjustments in the prescription.
314 (l) The establishment of specific policies and procedures
315 on resident elopement. Facilities shall conduct a minimum of two
316 resident elopement drills each year. All administrators and
317 direct care staff shall participate in the drills. Facilities
318 shall document the drills.
319 Section 2. This act shall take effect July 1, 2016.