Florida Senate - 2016 CS for SB 1164
By the Committee on Banking and Insurance; and Senator Legg
597-02614-16 20161164c1
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 establish
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. Uniform firesafety standards for assisted living
28 facilities shall be established by the State Fire Marshal
29 pursuant to s. 633.206. The agency, in consultation with the
30 department, may adopt rules to administer the requirements of
31 part II of chapter 408. In order to provide safe and sanitary
32 facilities and the highest quality of resident care
33 accommodating the needs and preferences of residents, the
34 department, in consultation with the agency, the Department of
35 Children and Families, and the Department of Health, shall adopt
36 rules, policies, and procedures to administer this part, which
37 must include reasonable and fair minimum standards in relation
38 to:
39 (a) The requirements for and maintenance of facilities, not
40 in conflict with chapter 553, relating to plumbing, heating,
41 cooling, lighting, ventilation, living space, and other housing
42 conditions, which will ensure the health, safety, and comfort of
43 residents and protection from fire hazard, including adequate
44 provisions for fire alarm and other fire protection suitable to
45 the size of the structure. Uniform firesafety standards shall be
46 established and enforced by the State Fire Marshal in
47 cooperation with the agency, the department, and the Department
48 of Health.
49 1. Firesafety evacuation capability determination.—
50 a. The National Fire Protection Association, NFPA 101A,
51 Chapter 5, 1995 edition, shall be used for determining the
52 ability of the residents, with or without staff assistance, to
53 relocate from or within a licensed facility to a point of safety
54 as provided in the fire codes adopted herein. An evacuation
55 capability evaluation for initial licensure shall be conducted
56 within 6 months after the date of licensure. For existing
57 licensed facilities that are not equipped with an automatic fire
58 sprinkler system, the administrator shall evaluate the
59 evacuation capability of residents at least annually. The
60 evacuation capability evaluation for each facility not equipped
61 with an automatic fire sprinkler system shall be validated,
62 without liability, by the State Fire Marshal, by the local fire
63 marshal, or by the local authority having jurisdiction over
64 firesafety, before the license renewal date. If the State Fire
65 Marshal, local fire marshal, or local authority having
66 jurisdiction over firesafety has reason to believe that the
67 evacuation capability of a facility as reported by the
68 administrator may have changed, it may, with assistance from the
69 facility administrator, reevaluate the evacuation capability
70 through timed exiting drills. Translation of timed fire exiting
71 drills to evacuation capability may be determined:
72 (I) Three minutes or less: prompt.
73 (II) More than 3 minutes, but not more than 13 minutes:
74 slow.
75 (III) More than 13 minutes: impractical.
76 b. The Office of the State Fire Marshal shall provide or
77 cause the provision of training and education on the proper
78 application of Chapter 5, NFPA 101A, 1995 edition, to its
79 employees, to staff of the Agency for Health Care Administration
80 who are responsible for regulating facilities under this part,
81 and to local governmental inspectors. The Office of the State
82 Fire Marshal shall provide or cause the provision of this
83 training within its existing budget, but may charge a fee for
84 this training to offset its costs. The initial training must be
85 delivered within 6 months after July 1, 1995, and as needed
86 thereafter.
87 c. The Office of the State Fire Marshal, in cooperation
88 with provider associations, shall provide or cause the provision
89 of a training program designed to inform facility operators on
90 how to properly review bid documents relating to the
91 installation of automatic fire sprinklers. The Office of the
92 State Fire Marshal shall provide or cause the provision of this
93 training within its existing budget, but may charge a fee for
94 this training to offset its costs. The initial training must be
95 delivered within 6 months after July 1, 1995, and as needed
96 thereafter.
97 d. The administrator of a licensed facility shall sign an
98 affidavit verifying the number of residents occupying the
99 facility at the time of the evacuation capability evaluation.
100 2. Firesafety requirements.—
101 a. Except for the special applications provided herein,
102 effective January 1, 1996, The National Fire Protection
103 Association, Life Safety Code, NFPA 101 and 101A, current
104 editions 1994 edition, Chapter 22 for new facilities and Chapter
105 23 for existing facilities shall be used in determining the
106 uniform firesafety fire code adopted applied by the State Fire
107 Marshal for assisted living facilities, pursuant to s. 633.206.
108 b. Any new facility, regardless of size, that applies for a
109 license on or after January 1, 1996, must be equipped with an
110 automatic fire sprinkler system. The exceptions as provided in
111 s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
112 to any new facility housing eight or fewer residents. On July 1,
113 1995, local governmental entities responsible for the issuance
114 of permits for construction shall inform, without liability, any
115 facility whose permit for construction is obtained before
116 January 1, 1996, of this automatic fire sprinkler requirement.
117 As used in this part, the term “a new facility” does not mean an
118 existing facility that has undergone change of ownership.
119 c. Notwithstanding any provision of s. 633.206 or of the
120 National Fire Protection Association, NFPA 101A, Chapter 5, 1995
121 edition, to the contrary, any existing facility housing eight or
122 fewer residents is not required to install an automatic fire
123 sprinkler system, nor to comply with any other requirement in
124 Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
125 requirements of NFPA 101, 1988 edition, that applies to this
126 size facility, unless the facility has been classified as
127 impractical to evacuate. Any existing facility housing eight or
128 fewer residents that is classified as impractical to evacuate
129 must install an automatic fire sprinkler system within the
130 timeframes granted in this section.
131 d. Any existing facility that is required to install an
132 automatic fire sprinkler system under this paragraph need not
133 meet other firesafety requirements of Chapter 23, NFPA 101, 1994
134 edition, which exceed the provisions of NFPA 101, 1988 edition.
135 The mandate contained in this paragraph which requires certain
136 facilities to install an automatic fire sprinkler system
137 supersedes any other requirement.
138 e. This paragraph does not supersede the exceptions granted
139 in NFPA 101, 1988 edition or 1994 edition.
140 f. This paragraph does not exempt facilities from other
141 firesafety provisions adopted under s. 633.206 and local
142 building code requirements in effect before July 1, 1995.
143 b.g. A local government or a utility may charge fees only
144 in an amount not to exceed the actual expenses incurred by the
145 local government or the utility relating to the installation and
146 maintenance of an automatic fire sprinkler system in an existing
147 and properly licensed assisted living facility structure as of
148 January 1, 1996.
149 h. If a licensed facility undergoes major reconstruction or
150 addition to an existing building on or after January 1, 1996,
151 the entire building must be equipped with an automatic fire
152 sprinkler system. Major reconstruction of a building means
153 repair or restoration that costs in excess of 50 percent of the
154 value of the building as reported on the tax rolls, excluding
155 land, before reconstruction. Multiple reconstruction projects
156 within a 5-year period the total costs of which exceed 50
157 percent of the initial value of the building when the first
158 reconstruction project was permitted are to be considered as
159 major reconstruction. Application for a permit for an automatic
160 fire sprinkler system is required upon application for a permit
161 for a reconstruction project that creates costs that go over the
162 50-percent threshold.
163 i. Any facility licensed before January 1, 1996, that is
164 required to install an automatic fire sprinkler system shall
165 ensure that the installation is completed within the following
166 timeframes based upon evacuation capability of the facility as
167 determined under subparagraph 1.:
168 (I) Impractical evacuation capability, 24 months.
169 (II) Slow evacuation capability, 48 months.
170 (III) Prompt evacuation capability, 60 months.
171
172 The beginning date from which the deadline for the automatic
173 fire sprinkler installation requirement must be calculated is
174 upon receipt of written notice from the local fire official that
175 an automatic fire sprinkler system must be installed. The local
176 fire official shall send a copy of the document indicating the
177 requirement of a fire sprinkler system to the Agency for Health
178 Care Administration.
179 j. It is recognized that the installation of an automatic
180 fire sprinkler system may create financial hardship for some
181 facilities. The appropriate local fire official shall, without
182 liability, grant two 1-year extensions to the timeframes for
183 installation established herein, if an automatic fire sprinkler
184 installation cost estimate and proof of denial from two
185 financial institutions for a construction loan to install the
186 automatic fire sprinkler system are submitted. However, for any
187 facility with a class I or class II, or a history of uncorrected
188 class III, firesafety deficiencies, an extension must not be
189 granted. The local fire official shall send a copy of the
190 document granting the time extension to the Agency for Health
191 Care Administration.
192 k. A facility owner whose facility is required to be
193 equipped with an automatic fire sprinkler system under Chapter
194 23, NFPA 101, 1994 edition, as adopted herein, must disclose to
195 any potential buyer of the facility that an installation of an
196 automatic fire sprinkler requirement exists. The sale of the
197 facility does not alter the timeframe for the installation of
198 the automatic fire sprinkler system.
199 l. Existing facilities required to install an automatic
200 fire sprinkler system as a result of construction-type
201 restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
202 herein, or evacuation capability requirements shall be notified
203 by the local fire official in writing of the automatic fire
204 sprinkler requirement, as well as the appropriate date for final
205 compliance as provided in this subparagraph. The local fire
206 official shall send a copy of the document to the Agency for
207 Health Care Administration.
208 m. Except in cases of life-threatening fire hazards, if an
209 existing facility experiences a change in the evacuation
210 capability, or if the local authority having jurisdiction
211 identifies a construction-type restriction, such that an
212 automatic fire sprinkler system is required, it shall be given
213 time for installation as provided in this subparagraph.
214
215 Facilities that are fully sprinkled and in compliance with other
216 firesafety standards are not required to conduct more than one
217 of the required fire drills between the hours of 11 p.m. and 7
218 a.m., per year. In lieu of the remaining drills, staff
219 responsible for residents during such hours may be required to
220 participate in a mock drill that includes a review of evacuation
221 procedures. Such standards must be included or referenced in the
222 rules adopted by the State Fire Marshal. Pursuant to s.
223 633.206(1)(b), the State Fire Marshal is the final
224 administrative authority for firesafety standards established
225 and enforced pursuant to this section.
226 c. All licensed facilities must have an annual fire
227 inspection conducted by the local fire marshal or authority
228 having jurisdiction.
229 3. Resident elopement requirements.—Facilities are required
230 to conduct a minimum of two resident elopement prevention and
231 response drills per year. All administrators and direct care
232 staff must participate in the drills which shall include a
233 review of procedures to address resident elopement. Facilities
234 must document the implementation of the drills and ensure that
235 the drills are conducted in a manner consistent with the
236 facility’s resident elopement policies and procedures.
237 (b) The preparation and annual update of a comprehensive
238 emergency management plan. Such standards must be included in
239 the rules adopted by the department after consultation with the
240 Division of Emergency Management. At a minimum, the rules must
241 provide for plan components that address emergency evacuation
242 transportation; adequate sheltering arrangements; postdisaster
243 activities, including provision of emergency power, food, and
244 water; postdisaster transportation; supplies; staffing;
245 emergency equipment; individual identification of residents and
246 transfer of records; communication with families; and responses
247 to family inquiries. The comprehensive emergency management plan
248 is subject to review and approval by the local emergency
249 management agency. During its review, the local emergency
250 management agency shall ensure that the following agencies, at a
251 minimum, are given the opportunity to review the plan: the
252 Department of Elderly Affairs, the Department of Health, the
253 Agency for Health Care Administration, and the Division of
254 Emergency Management. Also, appropriate volunteer organizations
255 must be given the opportunity to review the plan. The local
256 emergency management agency shall complete its review within 60
257 days and either approve the plan or advise the facility of
258 necessary revisions.
259 (c) The number, training, and qualifications of all
260 personnel having responsibility for the care of residents. The
261 rules must require adequate staff to provide for the safety of
262 all residents. Facilities licensed for 17 or more residents are
263 required to maintain an alert staff for 24 hours per day.
264 (d) All sanitary conditions within the facility and its
265 surroundings which will ensure the health and comfort of
266 residents. The rules must clearly delineate the responsibilities
267 of the agency’s licensure and survey staff, the county health
268 departments, and the local authority having jurisdiction over
269 firesafety and ensure that inspections are not duplicative. The
270 agency may collect fees for food service inspections conducted
271 by the county health departments and transfer such fees to the
272 Department of Health.
273 (e) License application and license renewal, transfer of
274 ownership, proper management of resident funds and personal
275 property, surety bonds, resident contracts, refund policies,
276 financial ability to operate, and facility and staff records.
277 (f) Inspections, complaint investigations, moratoriums,
278 classification of deficiencies, levying and enforcement of
279 penalties, and use of income from fees and fines.
280 (g) The enforcement of the resident bill of rights
281 specified in s. 429.28.
282 (h) The care and maintenance of residents, which must
283 include, but is not limited to:
284 1. The supervision of residents;
285 2. The provision of personal services;
286 3. The provision of, or arrangement for, social and leisure
287 activities;
288 4. The arrangement for appointments and transportation to
289 appropriate medical, dental, nursing, or mental health services,
290 as needed by residents;
291 5. The management of medication;
292 6. The nutritional needs of residents;
293 7. Resident records; and
294 8. Internal risk management and quality assurance.
295 (i) Facilities holding a limited nursing, extended
296 congregate care, or limited mental health license.
297 (j) The establishment of specific criteria to define
298 appropriateness of resident admission and continued residency in
299 a facility holding a standard, limited nursing, extended
300 congregate care, and limited mental health license.
301 (k) The use of physical or chemical restraints. The use of
302 physical restraints is limited to half-bed rails as prescribed
303 and documented by the resident’s physician with the consent of
304 the resident or, if applicable, the resident’s representative or
305 designee or the resident’s surrogate, guardian, or attorney in
306 fact. The use of chemical restraints is limited to prescribed
307 dosages of medications authorized by the resident’s physician
308 and must be consistent with the resident’s diagnosis. Residents
309 who are receiving medications that can serve as chemical
310 restraints must be evaluated by their physician at least
311 annually to assess:
312 1. The continued need for the medication.
313 2. The level of the medication in the resident’s blood.
314 3. The need for adjustments in the prescription.
315 (l) The establishment of specific policies and procedures
316 on resident elopement. Facilities shall conduct a minimum of two
317 resident elopement drills each year. All administrators and
318 direct care staff shall participate in the drills. Facilities
319 shall document the drills.
320 Section 2. This act shall take effect July 1, 2016.