Bill Text: FL S1164 | 2016 | Regular Session | Comm Sub

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-Comm_Sub.html

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       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.