Bill Text: FL S1164 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Firesafety

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2016-03-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 965 (Ch. 2016-92) [S1164 Detail]

Download: Florida-2016-S1164-Introduced.html

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       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.