Florida Administrative Code

(1) To receive Firesafety Inspector Certification from the Division, a score of 70 percent must be achieved on a certification examination administered by the Division. To be eligible for the examination, the applicant must submit Form DFS-K4-1023, "Application for Firesafety I I…

Applicants for certification as a Fire Code Administrator shall submit Form DFS-K4-2085, "Application for Fire Code Administrator Certification," which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1…

Rulemaking Authority 633.104(3) FS. Law Implemented 633.216 FS. History-New 11-21-83, Formerly 4A-39.09, Amended 8-2-88, 3-1-89, Formerly 4A-39.009, Amended 8-27-12, 2-18-16, Repealed 5-10-21.

Rulemaking Authority 633.104 FS. Law Implemented 633.216 FS. History-New 11-21-83, Formerly 4A-39.10, Amended 8-2-88, 3-1-89, 12-10-01, Formerly 4A-39.010, Repealed 8-27-12.

These rules, comprising rule Chapter 69A-40, F.A.C., shall be known as "The Uniform Firesafety Standards for Assisted Living Facilities." Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 633.206 FS. History-New 11-29-89, Amended 1-7-97, Formerly 4A-40.022.

The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree of safety from fire in buildings and structures used as assisted living facilities. These rules try to avoid requirements which might result in unreasonable hardship, or unnecessa…

(1) This rule chapter applies to any institution, building, or buildings, residence, private home, boarding home, home for the aged, or any other place, whether operated for profit or not, which is an assisted living facility under the definitions of Chapter 429, F.S., and of Rul…

(1) "Administrator" shall mean an individual meeting the definition in Section 429.02(2), F.S. (2) "Assisted Living Facility" (ALF) shall be as defined in Section 429.02(5), F.S. The definition does not apply to transient rentals as defined in Section 509.013(11), F.S. For firesa…

Unless the ALF is a legacy facility as defined in subsection 69A-40.027(5), F.A.C., the uniform firesafety standards applicable to ALFs in Florida, including other buildings or structures located on the premises of said ALFs, are the standards of the National Fire Protection Asso…

(1) The administrator of a legacy facility shall conduct an "Evacuation Capability Evaluation" and the local AHJ shall validate the evacuation capability evaluation as required in Section 429.41(1)(a), F.S. For purposes of this rule, "validate" shall mean that the evacuation capa…

Rulemaking Authority 633.104, 633.206 FS. Law Implemented 429.11, 429.41(1)(a), 633.206 FS. History-New 11-29-89, Amended 1-7-97, Formerly 4A-40.031, Repealed 10-27-19.

In accordance with the applicable sections of Chapters 22 and 23, NFPA 101, Life Safety Code®, 1994 edition, small legacy facilities (16 or fewer residents) are not required to comply with NFPA 96, Standard for Ventilation Control and Fire Protection of Commerical Cooking Operati…

(1) Code enforcement conflict resolution of code issues cited by local government shall be resolved by the local governmental agency and city and/or county enforcement boards which have been established pursuant to Chapters 553 and/or 633, F.S. (2) Code enforcement conflict resol…

(1) An unsprinklered legacy facility shall conduct emergency egress and relocation drills monthly and at least twelve drills shall have been conducted during the previous year (four times per year on each new shift). Legacy facilities with eight or fewer residents and a "Prompt" …

Rulemaking Authority 633.104, 633.206 FS. Law Implemented, 429.41, 633.206 FS. History-New 1-15-07, Repealed 10-27-19.

A non-legacy facility that does not elect to comply with the options afforded in Section 429.41(1)(a)2.d., F.S., must comply with the emergency egress and relocation drill requirements of the occupancy classification as designated by the local AHJ and mandated in NFPA 101, Life S…

These rules, comprising rule Chapter 69A-41, F.A.C., shall be known as "The Uniform Fire Safety Standards for Residential Child Care Facilities." Rulemaking Authority 633.104 FS. Law Implemented 633.104(1), 633.206(1)(b) FS. History-New 7-2-84, Formerly 4A-41.01, Amended 9-24-90,…

The purpose of this rule chapter is to establish uniform standards to provide a reasonable degree of safety from fire in residential child care facilities. These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary inconvenience, or interfe…

(1) These rules apply to any residential child care facility required to be licensed by the Florida Department of Children and Families, pursuant to Section 409.175, F.S., in which full-time residence is provided to six or more children who are unrelated to the proprietor and who…

The State Fire Marshal shall be the final administrative interpreting authority regarding the rules in this rule chapter. Rulemaking Authority 633.104 FS. Law Implemented 633.104, 633.206 FS. History-New 7-2-84, Formerly 4A-41.06, Repromulgated 9-24-90, Formerly 4A-41.006.

The standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, as it relates to residential board and care, the edition as adopted in Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards for this state…

If a residential child care facility is located in a building which has occupants other than the residential child care facility, the building shall satisfy the provisions of the Florida Building Code required by Section 553.73, F.S. Rulemaking Authority 633.104 FS. Law Implement…

(1) Means of Egress. Doors leading from rooms used by 100 or more persons in a residential child care facility shall be equipped with approved panic hardware. (2) Marking Means of Egress. Exits signs shall not be required in residential child care facility in which the total numb…

(1) Emergency lighting shall be provided in all residential child care facilities, except wilderness programs campsites. (2) Residential child care facilities in which the total number of resident children is fewer than 9 need not comply with subsection (1). However, this excepti…

(1) Commercial cooking equipment shall have hood systems installed in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Equipment as adopted in Rule 69A-3.012, F.A.C. (2) Flammable/combustible liquids. (a) Flammable and/or combust…

(1) All residential child care facilities in which security is required shall use only mattresses having a fire retardant cotton core with a retardant outer cover. (2) Polyurethane mattresses are prohibited in all residential child care facilities. Rulemaking Authority 633.104 FS…

Residential child care facilities shall have at least one general purpose Class A, B, and C portable fire extinguisher for each floor. All required extinguishers shall have a minimum rating of 2A-10B:C and shall be placed so that the nearest extinguisher is not more than 75 feet …

(1) Smoke Detectors installed in existing residential child care facilities having 16 or fewer residents may continue to be battery powered, single station, UL217 detectors. (2) Fire Alarms installed in existing residential child care facilities with 16 or fewer residents may con…

(1) Unvented fuel-fired room heaters shall not be used in residential child care facilities. (2) Other heating equipment shall be of an approved type and shall be installed in accordance with the terms of its approval and with the manufacturer's instructions, and meet the require…

Any structure situated above the ground level shall not have an accumulation of combustible storage, trash, or debris underneath the structure. Any area between the ground and the bottom of the structure shall be covered, shielded, skirted, or otherwise protected to preclude this…

Tents shall be erected only outside of buildings or structures. All tents shall be fire retardant whether used for living, shade, recreation, education or any other purpose. It is the proprietor's responsibility to produce proof of the fire retardant properties of the tent materi…

Unless otherwise authorized by the authority having jurisdiction, as defined in Section 633.118, F.S., fire exit drills shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routi…

Each residential child care facility shall develop a written fire and emergency evacuation plan which may include input from the authority having jurisdiction as described in Section 633.118, F.S. Rulemaking Authority 633.104 FS. Law Implemented 633.104(1), 633.206(1)(b) FS. Hist…

In addition to other applicable provisions of this rule chapter, the following provisions shall apply to wilderness programs licensed pursuant to Section 409.175, F.S.: (1) Group Campsites. (a) Spacing between tents or semi-permanent structures. A minimum of 5 feet of clear groun…

(1) These rules apply to any residential child care facility required to be licensed by the Florida Department of Children and Families, pursuant to Section 409.175, F.S., in which full-time residence is provided to five or fewer children who are unrelated to the proprietor and w…

As used in this part of these rules: (1) "Facility" means a residential child caring agency, a child placing agency, or a "Family Foster Home," as defined in Section 409.175(2), F.S. (2) "Agency" means a residential child caring agency or a child-placing agency. (3) "AHJ" means t…

(1) The following portions of NFPA 101, known as the Life Safety Code, current edition, adopted in rule Chapter 69A-60, F.A.C., are hereby adopted and incorporated herein by reference: (a) Section 24.2.1; (b) Section 24.2.2, except that an approved means of escape shall be equiva…

The total number of children shall be as determined in accordance with Section 409.175(3)(a), F.S. Rulemaking Authority 633.104(1) FS. Law Implemented 633.206(1)(b) FS. History-New 9-17-03, Formerly 4A-41.104.

(1) An emergency egress and relocation drill shall be conducted by each owner at each facility at least three (3) times per year. Each emergency egress and relocation drill shall be conducted at least 90 days after the previous emergency egress and relocation drill. The AHJ is pe…

(1) The appropriate firesafety inspector shall conduct a firesafety inspection, which must be determined to be satisfactory for each facility prior to its initial licensure and prior to the annual renewal of its license. (2) The owner shall request from the AHJ a firesafety inspe…

Notwithstanding any previous construction or interpretation of any law, rule, or code provision, any time a single domestic range or stove is used in an arrangement similar to that of a single family residence, the facility shall not be required to comply with NFPA 96, Standard f…

(1) Each facility shall have installed at least one portable fire extinguisher with a minimum rating of 2A-10BC. (2) No unvented fuel-fired heaters shall be permitted unless the heater is listed and approved for such use. Rulemaking Authority 633.104(1) FS. Law Implemented 633.20…

The rules comprising rule chapter 69A-42, F.A.C., shall be known as the "Uniform Fire Safety Standards for Mobile Home Parks and Recreational Vehicle Parks." Rulemaking Authority 633.104 FS. Law Implemented 633.104, 633.206 FS. History-New 5-1-84, Formerly 4A-42.01, Repromulgated…

The purpose of these rules is to establish uniform requirements that will provide a reasonable degree of safety from fire in mobile home parks and recreational vehicle parks. These rules apply to both existing and new mobile home parks and recreational vehicle parks, except that …

As used in this rule chapter, unless the context clearly requires otherwise. (1) "Authority Having Jurisdiction" shall mean a duly authorized representative of an agency or agencies having legal enforcement authority, as described in section 633.118, F.S. (2) "Approved" shall mea…

The authority having jurisdiction may modify these rules under the following conditions: (1) Any modification to this rule chapter must be in strict conformance with this section. No currently placed mobile home shall be displaced unless it is clearly evident in the opinion of th…

No portion of a mobile home, excluding the tongue, shall be located closer than 10 ft. (3m) side to side, 8 ft. (2.4m) end to side, or 6 ft. (1.8m) end to end horizontally from any other mobile home or community building unless the exposed composite walls and roof of either struc…

(1) National Fire Protection Association 501A, "Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities," and 1194, "Standard for Fire Safety Criteria for Recreational Vehicle Parks and Campgrounds," adopted in rule 69A-3.012, F.A.C., shall b…

These rules, comprising rule Chapter 69A-43, F.A.C., shall be known as "The Uniform Fire Safety Standards for Transient Public Lodging Establishments, Timeshare Plans, or Timeshare Unit Facilities." Rulemaking Authority 509.215, 633.104, 633.206(1)(b), 721.24(5) FS. Law Implement…

The purpose of this rule chapter is to specify measures to be used in conjunction with Sections 509.215 and 721.24, F.S., to provide a reasonable degree of public safety from fire in transient public lodging establishments, or any transient facility or accommodation of a "time-sh…