Florida Senate - 2016 CS for CS for SB 1164
By the Committees on Children, Families, and Elder Affairs; and
Banking and Insurance; and Senator Legg
586-03042-16 20161164c2
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 exemption from uniform firesafety code
12 requirements for certain assisted living facilities;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Subsection (1) of section 429.41, Florida
18 Statutes, is amended to read:
19 429.41 Rules establishing standards.—
20 (1) It is the intent of the Legislature that rules
21 published and enforced pursuant to this section shall include
22 criteria by which a reasonable and consistent quality of
23 resident care and quality of life may be ensured and the results
24 of such resident care may be demonstrated. Such rules shall also
25 ensure a safe and sanitary environment that is residential and
26 noninstitutional in design or nature. It is further intended
27 that reasonable efforts be made to accommodate the needs and
28 preferences of residents to enhance the quality of life in a
29 facility. Uniform firesafety standards for assisted living
30 facilities shall be established by the State Fire Marshal
31 pursuant to s. 633.206. The agency, in consultation with the
32 department, may adopt rules to administer the requirements of
33 part II of chapter 408. In order to provide safe and sanitary
34 facilities and the highest quality of resident care
35 accommodating the needs and preferences of residents, the
36 department, in consultation with the agency, the Department of
37 Children and Families, and the Department of Health, shall adopt
38 rules, policies, and procedures to administer this part, which
39 must include reasonable and fair minimum standards in relation
40 to:
41 (a) The requirements for and maintenance of facilities, not
42 in conflict with chapter 553, relating to plumbing, heating,
43 cooling, lighting, ventilation, living space, and other housing
44 conditions, which will ensure the health, safety, and comfort of
45 residents and protection from fire hazard, including adequate
46 provisions for fire alarm and other fire protection suitable to
47 the size of the structure. Uniform firesafety standards shall be
48 established and enforced by the State Fire Marshal in
49 cooperation with the agency, the department, and the Department
50 of Health.
51 1. Firesafety evacuation capability determination.—
52 a. The National Fire Protection Association, NFPA 101A,
53 Chapter 5, 1995 edition, shall be used for determining the
54 ability of the residents, with or without staff assistance, to
55 relocate from or within a licensed facility to a point of safety
56 as provided in the fire codes adopted herein. An evacuation
57 capability evaluation for initial licensure shall be conducted
58 within 6 months after the date of licensure. For existing
59 licensed facilities that are not equipped with an automatic fire
60 sprinkler system, the administrator shall evaluate the
61 evacuation capability of residents at least annually. The
62 evacuation capability evaluation for each facility not equipped
63 with an automatic fire sprinkler system shall be validated,
64 without liability, by the State Fire Marshal, by the local fire
65 marshal, or by the local authority having jurisdiction over
66 firesafety, before the license renewal date. If the State Fire
67 Marshal, local fire marshal, or local authority having
68 jurisdiction over firesafety has reason to believe that the
69 evacuation capability of a facility as reported by the
70 administrator may have changed, it may, with assistance from the
71 facility administrator, reevaluate the evacuation capability
72 through timed exiting drills. Translation of timed fire exiting
73 drills to evacuation capability may be determined:
74 (I) Three minutes or less: prompt.
75 (II) More than 3 minutes, but not more than 13 minutes:
76 slow.
77 (III) More than 13 minutes: impractical.
78 b. The Office of the State Fire Marshal shall provide or
79 cause the provision of training and education on the proper
80 application of Chapter 5, NFPA 101A, 1995 edition, to its
81 employees, to staff of the Agency for Health Care Administration
82 who are responsible for regulating facilities under this part,
83 and to local governmental inspectors. The Office of the State
84 Fire Marshal shall provide or cause the provision of this
85 training within its existing budget, but may charge a fee for
86 this training to offset its costs. The initial training must be
87 delivered within 6 months after July 1, 1995, and as needed
88 thereafter.
89 c. The Office of the State Fire Marshal, in cooperation
90 with provider associations, shall provide or cause the provision
91 of a training program designed to inform facility operators on
92 how to properly review bid documents relating to the
93 installation of automatic fire sprinklers. The Office of the
94 State Fire Marshal shall provide or cause the provision of this
95 training within its existing budget, but may charge a fee for
96 this training to offset its costs. The initial training must be
97 delivered within 6 months after July 1, 1995, and as needed
98 thereafter.
99 d. The administrator of a licensed facility shall sign an
100 affidavit verifying the number of residents occupying the
101 facility at the time of the evacuation capability evaluation.
102 2. Firesafety requirements.—
103 a. Except for the special applications provided herein,
104 effective January 1, 1996, The National Fire Protection
105 Association, Life Safety Code, NFPA 101 and 101A, current
106 editions 1994 edition, Chapter 22 for new facilities and Chapter
107 23 for existing facilities shall be used in determining the
108 uniform firesafety fire code adopted applied by the State Fire
109 Marshal for assisted living facilities, pursuant to s. 633.206.
110 b. Any new facility, regardless of size, that applies for a
111 license on or after January 1, 1996, must be equipped with an
112 automatic fire sprinkler system. The exceptions as provided in
113 s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
114 to any new facility housing eight or fewer residents. On July 1,
115 1995, local governmental entities responsible for the issuance
116 of permits for construction shall inform, without liability, any
117 facility whose permit for construction is obtained before
118 January 1, 1996, of this automatic fire sprinkler requirement.
119 As used in this part, the term “a new facility” does not mean an
120 existing facility that has undergone change of ownership.
121 c. Notwithstanding any provision of s. 633.206 or of the
122 National Fire Protection Association, NFPA 101A, Chapter 5, 1995
123 edition, to the contrary, any existing facility housing eight or
124 fewer residents is not required to install an automatic fire
125 sprinkler system, nor to comply with any other requirement in
126 Chapter 23, NFPA 101, 1994 edition, that exceeds the firesafety
127 requirements of NFPA 101, 1988 edition, that applies to this
128 size facility, unless the facility has been classified as
129 impractical to evacuate. Any existing facility housing eight or
130 fewer residents that is classified as impractical to evacuate
131 must install an automatic fire sprinkler system within the
132 timeframes granted in this section.
133 d. Any existing facility that is required to install an
134 automatic fire sprinkler system under this paragraph need not
135 meet other firesafety requirements of Chapter 23, NFPA 101, 1994
136 edition, which exceed the provisions of NFPA 101, 1988 edition.
137 The mandate contained in this paragraph which requires certain
138 facilities to install an automatic fire sprinkler system
139 supersedes any other requirement.
140 e. This paragraph does not supersede the exceptions granted
141 in NFPA 101, 1988 edition or 1994 edition.
142 f. This paragraph does not exempt facilities from other
143 firesafety provisions adopted under s. 633.206 and local
144 building code requirements in effect before July 1, 1995.
145 b.g. A local government or a utility may charge fees only
146 in an amount not to exceed the actual expenses incurred by the
147 local government or the utility relating to the installation and
148 maintenance of an automatic fire sprinkler system in an existing
149 and properly licensed assisted living facility structure as of
150 January 1, 1996.
151 h. If a licensed facility undergoes major reconstruction or
152 addition to an existing building on or after January 1, 1996,
153 the entire building must be equipped with an automatic fire
154 sprinkler system. Major reconstruction of a building means
155 repair or restoration that costs in excess of 50 percent of the
156 value of the building as reported on the tax rolls, excluding
157 land, before reconstruction. Multiple reconstruction projects
158 within a 5-year period the total costs of which exceed 50
159 percent of the initial value of the building when the first
160 reconstruction project was permitted are to be considered as
161 major reconstruction. Application for a permit for an automatic
162 fire sprinkler system is required upon application for a permit
163 for a reconstruction project that creates costs that go over the
164 50-percent threshold.
165 i. Any facility licensed before January 1, 1996, that is
166 required to install an automatic fire sprinkler system shall
167 ensure that the installation is completed within the following
168 timeframes based upon evacuation capability of the facility as
169 determined under subparagraph 1.:
170 (I) Impractical evacuation capability, 24 months.
171 (II) Slow evacuation capability, 48 months.
172 (III) Prompt evacuation capability, 60 months.
173
174 The beginning date from which the deadline for the automatic
175 fire sprinkler installation requirement must be calculated is
176 upon receipt of written notice from the local fire official that
177 an automatic fire sprinkler system must be installed. The local
178 fire official shall send a copy of the document indicating the
179 requirement of a fire sprinkler system to the Agency for Health
180 Care Administration.
181 j. It is recognized that the installation of an automatic
182 fire sprinkler system may create financial hardship for some
183 facilities. The appropriate local fire official shall, without
184 liability, grant two 1-year extensions to the timeframes for
185 installation established herein, if an automatic fire sprinkler
186 installation cost estimate and proof of denial from two
187 financial institutions for a construction loan to install the
188 automatic fire sprinkler system are submitted. However, for any
189 facility with a class I or class II, or a history of uncorrected
190 class III, firesafety deficiencies, an extension must not be
191 granted. The local fire official shall send a copy of the
192 document granting the time extension to the Agency for Health
193 Care Administration.
194 k. A facility owner whose facility is required to be
195 equipped with an automatic fire sprinkler system under Chapter
196 23, NFPA 101, 1994 edition, as adopted herein, must disclose to
197 any potential buyer of the facility that an installation of an
198 automatic fire sprinkler requirement exists. The sale of the
199 facility does not alter the timeframe for the installation of
200 the automatic fire sprinkler system.
201 l. Existing facilities required to install an automatic
202 fire sprinkler system as a result of construction-type
203 restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
204 herein, or evacuation capability requirements shall be notified
205 by the local fire official in writing of the automatic fire
206 sprinkler requirement, as well as the appropriate date for final
207 compliance as provided in this subparagraph. The local fire
208 official shall send a copy of the document to the Agency for
209 Health Care Administration.
210 m. Except in cases of life-threatening fire hazards, if an
211 existing facility experiences a change in the evacuation
212 capability, or if the local authority having jurisdiction
213 identifies a construction-type restriction, such that an
214 automatic fire sprinkler system is required, it shall be given
215 time for installation as provided in this subparagraph.
216
217 Facilities that are fully sprinkled and in compliance with other
218 firesafety standards are not required to conduct more than one
219 of the required fire drills between the hours of 11 p.m. and 7
220 a.m., per year. In lieu of the remaining drills, staff
221 responsible for residents during such hours may be required to
222 participate in a mock drill that includes a review of evacuation
223 procedures. Such standards must be included or referenced in the
224 rules adopted by the State Fire Marshal. Pursuant to s.
225 633.206(1)(b), the State Fire Marshal is the final
226 administrative authority for firesafety standards established
227 and enforced pursuant to this section.
228 c. All licensed facilities must have an annual fire
229 inspection conducted by the local fire marshal or authority
230 having jurisdiction.
231 d. An assisted living facility licensed before July 1,
232 2016, is exempt from any requirement in the uniform firesafety
233 code established and adopted pursuant to s. 633.206 by the State
234 Fire Marshal for assisted living facilities which exceeds the
235 firesafety requirements of NFPA 101, 1994 edition, Chapter 23,
236 Existing Residential Board and Care Occupancies. However, a
237 facility that undergoes building rehabilitation as described by
238 the uniform firesafety code established by the State Fire
239 Marshal must thereafter be in compliance with the uniform
240 firesafety code in effect for assisted living facilities under
241 sub-subparagraph a.
242 3. Resident elopement requirements.—Facilities are required
243 to conduct a minimum of two resident elopement prevention and
244 response drills per year. All administrators and direct care
245 staff must participate in the drills which shall include a
246 review of procedures to address resident elopement. Facilities
247 must document the implementation of the drills and ensure that
248 the drills are conducted in a manner consistent with the
249 facility’s resident elopement policies and procedures.
250 (b) The preparation and annual update of a comprehensive
251 emergency management plan. Such standards must be included in
252 the rules adopted by the department after consultation with the
253 Division of Emergency Management. At a minimum, the rules must
254 provide for plan components that address emergency evacuation
255 transportation; adequate sheltering arrangements; postdisaster
256 activities, including provision of emergency power, food, and
257 water; postdisaster transportation; supplies; staffing;
258 emergency equipment; individual identification of residents and
259 transfer of records; communication with families; and responses
260 to family inquiries. The comprehensive emergency management plan
261 is subject to review and approval by the local emergency
262 management agency. During its review, the local emergency
263 management agency shall ensure that the following agencies, at a
264 minimum, are given the opportunity to review the plan: the
265 Department of Elderly Affairs, the Department of Health, the
266 Agency for Health Care Administration, and the Division of
267 Emergency Management. Also, appropriate volunteer organizations
268 must be given the opportunity to review the plan. The local
269 emergency management agency shall complete its review within 60
270 days and either approve the plan or advise the facility of
271 necessary revisions.
272 (c) The number, training, and qualifications of all
273 personnel having responsibility for the care of residents. The
274 rules must require adequate staff to provide for the safety of
275 all residents. Facilities licensed for 17 or more residents are
276 required to maintain an alert staff for 24 hours per day.
277 (d) All sanitary conditions within the facility and its
278 surroundings which will ensure the health and comfort of
279 residents. The rules must clearly delineate the responsibilities
280 of the agency’s licensure and survey staff, the county health
281 departments, and the local authority having jurisdiction over
282 firesafety and ensure that inspections are not duplicative. The
283 agency may collect fees for food service inspections conducted
284 by the county health departments and transfer such fees to the
285 Department of Health.
286 (e) License application and license renewal, transfer of
287 ownership, proper management of resident funds and personal
288 property, surety bonds, resident contracts, refund policies,
289 financial ability to operate, and facility and staff records.
290 (f) Inspections, complaint investigations, moratoriums,
291 classification of deficiencies, levying and enforcement of
292 penalties, and use of income from fees and fines.
293 (g) The enforcement of the resident bill of rights
294 specified in s. 429.28.
295 (h) The care and maintenance of residents, which must
296 include, but is not limited to:
297 1. The supervision of residents;
298 2. The provision of personal services;
299 3. The provision of, or arrangement for, social and leisure
300 activities;
301 4. The arrangement for appointments and transportation to
302 appropriate medical, dental, nursing, or mental health services,
303 as needed by residents;
304 5. The management of medication;
305 6. The nutritional needs of residents;
306 7. Resident records; and
307 8. Internal risk management and quality assurance.
308 (i) Facilities holding a limited nursing, extended
309 congregate care, or limited mental health license.
310 (j) The establishment of specific criteria to define
311 appropriateness of resident admission and continued residency in
312 a facility holding a standard, limited nursing, extended
313 congregate care, and limited mental health license.
314 (k) The use of physical or chemical restraints. The use of
315 physical restraints is limited to half-bed rails as prescribed
316 and documented by the resident’s physician with the consent of
317 the resident or, if applicable, the resident’s representative or
318 designee or the resident’s surrogate, guardian, or attorney in
319 fact. The use of chemical restraints is limited to prescribed
320 dosages of medications authorized by the resident’s physician
321 and must be consistent with the resident’s diagnosis. Residents
322 who are receiving medications that can serve as chemical
323 restraints must be evaluated by their physician at least
324 annually to assess:
325 1. The continued need for the medication.
326 2. The level of the medication in the resident’s blood.
327 3. The need for adjustments in the prescription.
328 (l) The establishment of specific policies and procedures
329 on resident elopement. Facilities shall conduct a minimum of two
330 resident elopement drills each year. All administrators and
331 direct care staff shall participate in the drills. Facilities
332 shall document the drills.
333 Section 2. This act shall take effect July 1, 2016.