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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Campbell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 41, between lines 8 and 9,

15

16  and insert:

17         Section 14.  Paragraph (a) of subsection (2) of section

18  400.23, Florida Statutes, 1998 Supplement, is amended to read:

19         400.23  Rules; criteria; Nursing Home Advisory

20  Committee; evaluation and rating system; fee for review of

21  plans.--

22         (2)  Pursuant to the intention of the Legislature, the

23  agency, in consultation with the Department of Health and

24  Rehabilitative Services and the Department of Elderly Affairs,

25  shall adopt and enforce rules to implement this part, which

26  shall include reasonable and fair criteria in relation to:

27         (a)  The location and construction of the facility;

28  including fire and life safety, plumbing, heating, cooling,

29  lighting, ventilation, and other housing conditions which will

30  ensure the health, safety, and comfort of residents, including

31  an adequate call system.  The agency shall establish standards

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  for facilities and equipment to increase the extent to which

 2  new facilities and a new wing or floor added to an existing

 3  facility after July 1, 1999, are structurally capable of

 4  serving as shelters only for residents, staff, and families of

 5  residents and staff, and equipped to be self-supporting during

 6  and immediately following disasters.  The Agency for Health

 7  Care Administration shall work with facilities licensed under

 8  this part and report to the Governor and Legislature by April

 9  1, 1999, its recommendations for cost-effective renovation

10  standards to be applied to existing facilities. In making such

11  rules, the agency shall be guided by criteria recommended by

12  nationally recognized reputable professional groups and

13  associations with knowledge of such subject matters. The

14  agency shall update or revise such criteria as the need

15  arises. All nursing homes must comply with those lifesafety

16  code requirements and building code standards applicable at

17  the time of approval of their construction plans. The agency

18  may require alterations to a building if it determines that an

19  existing condition constitutes a distinct hazard to life,

20  health, or safety. The agency shall adopt fair and reasonable

21  rules setting forth conditions under which existing facilities

22  undergoing additions, alterations, conversions, renovations,

23  or repairs shall be required to comply with the most recent

24  updated or revised standards.

25         Section 15.  Paragraph (a) of subsection (1) of section

26  400.441, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         400.441  Rules establishing standards.--

29         (1)  It is the intent of the Legislature that rules

30  published and enforced pursuant to this section shall include

31  criteria by which a reasonable and consistent quality of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  resident care and quality of life may be ensured and the

 2  results of such resident care may be demonstrated.  Such rules

 3  shall also ensure a safe and sanitary environment that is

 4  residential and noninstitutional in design or nature.  It is

 5  further intended that reasonable efforts be made to

 6  accommodate the needs and preferences of residents to enhance

 7  the quality of life in a facility. In order to provide safe

 8  and sanitary facilities and the highest quality of resident

 9  care accommodating the needs and preferences of residents, the

10  department, in consultation with the agency, the Department of

11  Children and Family Services, and the Department of Health,

12  shall adopt rules, policies, and procedures to administer this

13  part, which must include reasonable and fair minimum standards

14  in relation to:

15         (a)  The requirements for and maintenance of

16  facilities, not in conflict with the provisions of chapter

17  553, relating to plumbing, heating, cooling, lighting,

18  ventilation, living space, and other housing conditions, which

19  will ensure the health, safety, and comfort of residents and

20  protection from fire hazard, including adequate provisions for

21  fire alarm and other fire protection suitable to the size of

22  the structure. Uniform firesafety standards shall be

23  established and enforced by the State Fire Marshal in

24  cooperation with the agency, the department, and the

25  Department of Health.

26         1.  Evacuation capability determination.--

27         a.  The provisions of the National Fire Protection

28  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used

29  for determining the ability of the residents, with or without

30  staff assistance, to relocate from or within a licensed

31  facility to a point of safety as provided in the fire codes

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  adopted herein.  An evacuation capability evaluation for

 2  initial licensure shall be conducted within 6 months after the

 3  date of licensure.  For existing licensed facilities that are

 4  not equipped with an automatic fire sprinkler system, the

 5  administrator shall evaluate the evacuation capability of

 6  residents at least annually. The evacuation capability

 7  evaluation for each facility not equipped with an automatic

 8  fire sprinkler system shall be validated, without liability,

 9  by the State Fire Marshal, by the local fire marshal, or by

10  the local authority having jurisdiction over firesafety,

11  before the license renewal date.  If the State Fire Marshal,

12  local fire marshal, or local authority having jurisdiction

13  over firesafety has reason to believe that the evacuation

14  capability of a facility as reported by the administrator may

15  have changed, it may, with assistance from the facility

16  administrator, reevaluate the evacuation capability through

17  timed exiting drills. Translation of timed fire exiting drills

18  to evacuation capability may be determined:

19         (I)  Three minutes or less: prompt.

20         (II)  More than 3 minutes, but not more than 13

21  minutes: slow.

22         (III)  More than 13 minutes: impractical.

23         b.  The Office of the State Fire Marshal shall provide

24  or cause the provision of training and education on the proper

25  application of Chapter 5, NFPA 101A, 1995 edition, to its

26  employees, to staff of the Agency for Health Care

27  Administration who are responsible for regulating facilities

28  under this part, and to local governmental inspectors. The

29  Office of the State Fire Marshal shall provide or cause the

30  provision of this training within its existing budget, but may

31  charge a fee for this training to offset its costs. The

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  initial training must be delivered within 6 months after July

 2  1, 1995, and as needed thereafter.

 3         c.  The Office of the State Fire Marshal, in

 4  cooperation with provider associations, shall provide or cause

 5  the provision of a training program designed to inform

 6  facility operators on how to properly review bid documents

 7  relating to the installation of automatic fire sprinklers.

 8  The Office of the State Fire Marshal shall provide or cause

 9  the provision of this training within its existing budget, but

10  may charge a fee for this training to offset its costs.  The

11  initial training must be delivered within 6 months after July

12  1, 1995, and as needed thereafter.

13         d.  The administrator of a licensed facility shall sign

14  an affidavit verifying the number of residents occupying the

15  facility at the time of the evacuation capability evaluation.

16         2.  Firesafety requirements.--

17         a.  Except for the special applications provided

18  herein, effective January 1, 1996, the provisions of the

19  National Fire Protection Association, Life Safety Code, NFPA

20  101, 1994 edition, Chapter 22 for new facilities and Chapter

21  23 for existing facilities shall be the uniform fire code

22  applied by the State Fire Marshal for assisted living

23  facilities, pursuant to s. 633.022.

24         b.  Any new facility, regardless of size, that applies

25  for a license on or after January 1, 1996, must be equipped

26  with an automatic fire sprinkler system.  The exceptions as

27  provided in section 22-2.3.5.1, NFPA 101, 1994 edition, as

28  adopted herein, apply to any new facility housing eight or

29  fewer residents.  On July 1, 1995, local governmental entities

30  responsible for the issuance of permits for construction shall

31  inform, without liability, any facility whose permit for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  construction is obtained prior to January 1, 1996, of this

 2  automatic fire sprinkler requirement.  As used in this part,

 3  the term "a new facility" does not mean an existing facility

 4  that has undergone change of ownership.

 5         c.  Notwithstanding any provision of s. 633.022 or of

 6  the National Fire Protection Association, NFPA 101A, Chapter

 7  5, 1995 edition, to the contrary, any existing facility

 8  housing eight or fewer residents is not required to install an

 9  automatic fire sprinkler system, nor to comply with any other

10  requirement in Chapter 23 of NFPA 101, 1994 edition, that

11  exceeds the firesafety requirements of NFPA 101, 1988 edition,

12  that applies to this size facility, unless the facility has

13  been classified as impractical to evacuate. Any existing

14  facility housing eight or fewer residents that is classified

15  as impractical to evacuate must install an automatic fire

16  sprinkler system within the timeframes granted in this

17  section.

18         d.  Any existing facility that is required to install

19  an automatic fire sprinkler system under this paragraph need

20  not meet other firesafety requirements of Chapter 23, NFPA

21  101, 1994 edition, which exceed the provisions of NFPA 101,

22  1988 edition.  The mandate contained in this paragraph which

23  requires certain facilities to install an automatic fire

24  sprinkler system supersedes any other requirement.

25         e.  This paragraph does not supersede the exceptions

26  granted in NFPA 101, 1988 edition or 1994 edition.

27         f.  This paragraph does not exempt facilities from

28  other firesafety provisions adopted under s. 633.022 and local

29  building code requirements in effect before July 1, 1995.

30         g.  A local government may charge fees only in an

31  amount not to exceed the actual expenses incurred by local

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  government relating to the installation and maintenance of an

 2  automatic fire sprinkler system in an existing and properly

 3  licensed assisted living facility structure as of January 1,

 4  1996.

 5         h.  If a licensed facility undergoes major

 6  reconstruction or addition to an existing building on or after

 7  January 1, 1996, the entire building must be equipped with an

 8  automatic fire sprinkler system.  Major reconstruction of a

 9  building means repair or restoration that costs in excess of

10  50 percent of the value of the building as reported on the tax

11  rolls, excluding land, before reconstruction.  Multiple

12  reconstruction projects within a 5-year period the total costs

13  of which exceed 50 percent of the initial value of the

14  building at the time the first reconstruction project was

15  permitted are to be considered as major reconstruction.

16  Application for a permit for an automatic fire sprinkler

17  system is required upon application for a permit for a

18  reconstruction project that creates costs that go over the

19  50-percent threshold.

20         i.  Any facility licensed before January 1, 1996, that

21  is required to install an automatic fire sprinkler system

22  shall ensure that the installation is completed within the

23  following timeframes based upon evacuation capability of the

24  facility as determined under subparagraph 1.:

25         (I)  Impractical evacuation capability, 24 months.

26         (II)  Slow evacuation capability, 48 months.

27         (III)  Prompt evacuation capability, 60 months.

28

29  The beginning date from which the deadline for the automatic

30  fire sprinkler installation requirement must be calculated is

31  upon receipt of written notice from the local fire official

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  that an automatic fire sprinkler system must be installed. The

 2  local fire official shall send a copy of the document

 3  indicating the requirement of a fire sprinkler system to the

 4  Agency for Health Care Administration.

 5         j.  It is recognized that the installation of an

 6  automatic fire sprinkler system may create financial hardship

 7  for some facilities.  The appropriate local fire official

 8  shall, without liability, grant two 1-year extensions to the

 9  timeframes for installation established herein, if an

10  automatic fire sprinkler installation cost estimate and proof

11  of denial from two financial institutions for a construction

12  loan to install the automatic fire sprinkler system are

13  submitted.  However, for any facility with a class I or class

14  II, or a history of uncorrected class III, firesafety

15  deficiencies, an extension must not be granted.  The local

16  fire official shall send a copy of the document granting the

17  time extension to the Agency for Health Care Administration.

18         k.  A facility owner whose facility is required to be

19  equipped with an automatic fire sprinkler system under Chapter

20  23, NFPA 101, 1994 edition, as adopted herein, must disclose

21  to any potential buyer of the facility that an installation of

22  an automatic fire sprinkler requirement exists.  The sale of

23  the facility does not alter the timeframe for the installation

24  of the automatic fire sprinkler system.

25         l.  Existing facilities required to install an

26  automatic fire sprinkler system as a result of

27  construction-type restrictions in Chapter 23, NFPA 101, 1994

28  edition, as adopted herein, or evacuation capability

29  requirements shall be notified by the local fire official in

30  writing of the automatic fire sprinkler requirement, as well

31  as the appropriate date for final compliance as provided in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  this subparagraph.  The local fire official shall send a copy

 2  of the document to the Agency for Health Care Administration.

 3         m.  Except in cases of life-threatening fire hazards,

 4  if an existing facility experiences a change in the evacuation

 5  capability, or if the local authority having jurisdiction

 6  identifies a construction-type restriction, such that an

 7  automatic fire sprinkler system is required, it shall be

 8  afforded time for installation as provided in this

 9  subparagraph.

10

11  Facilities that are fully sprinkled and in compliance with

12  other firesafety standards are not required to conduct more

13  than one of the required fire drills between the hours of 11

14  p.m. and 7 a.m., per year.  In lieu of the remaining drills,

15  staff responsible for residents during such hours may be

16  required to participate in a mock drill that includes a review

17  of evacuation procedures. Such standards must be included or

18  referenced in the rules adopted by the State Fire Marshal.

19  Pursuant to s. 633.022(1)(b), the State Fire Marshal is the

20  final administrative authority for firesafety standards

21  established and enforced pursuant to this section. All

22  licensed facilities must have an annual fire inspection

23  conducted by the local fire marshal or authority having

24  jurisdiction.

25

26  (Redesignate subsequent sections.)

27

28

29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 1, line 29, after the semicolon

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2360

    Amendment No.    





 1  insert:

 2         amending ss. 400.23, 400.441, F.S.; requiring

 3         that rules adopted by the Agency for Health

 4         Care Administration and the Department of

 5         Elderly Affairs include provisions governing

 6         the cooling of facilities; providing an

 7         effective date.

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