Florida Administrative Code

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…

These rules apply to any transient public lodging establishment as defined and licensed by the Department of Business and Professional Regulation under Sections 509.013(4) and (11), F.S., and any time-share unit or time-share plan as defined in Sections 721.05(39) and (41), F.S. …

As used in this rule chapter, the following definitions shall apply: (1) "Approved" shall refer either to: (a) Materials, devices, construction, and installation accepted by the authority having jurisdiction under the provisions of these rules by reason of tests or investigations…

The State Fire Marshal shall be the final administrative interpreting authority regarding the rules in this rule chapter. Rulemaking Authority 509.215, 633.104 FS. Law Implemented 509.215, 633.104, 633.206, 721.24 FS. History-New 11-12-85, Formerly 4A-43.05, 4A-43.005.

(1) The single station smoke detectors specified for construction contracts before October 1, 1983, by Section 509.215, F.S., for transient public lodging establishments which are less than 3 stories in height and by Section 721.24, F.S., for a time-share plan which is less than …

Single station smoke detectors which annunciate at a panel at a supervised location, where used, shall meet the following: (1) All means of interconnecting equipment, devices and/or appliances shall be monitored for the integrity of the conductors or equivalent so that the occurr…

Standpipe and hose systems are required for all transient public lodging establishments, timeshare units or timeshare plans which are located in buildings exceeding 50 feet in height or in buildings over six stories high which have a complete automatic sprinkler system. The stand…

All required public lodging establishments, time share plans or time share units shall be sprinklered in accordance with Sections 509.215 and 721.24, F.S. All systems must have been installed and operational by October 1, 1994, and the Division of the State Fire Marshal will no l…

(1) Any request to utilize the special provisions of Section 509.215(4), F.S., shall be made in writing to the Director of the Division of State Fire Marshal. (2) The special historical review task force, as designated in Section 509.215(4)(b), F.S., shall review the application …

(1) This section applies to one and two family dwellings, recreational vehicles and mobile homes licensed as public lodging establishments as defined in Section 509.013(4)(a), F.S. Except as modified by this rule, one and two family dwellings used by more than one party per livin…

(1) Except as modified by Section 509.215, F.S., the standards of the National Fire Protection Association, NFPA 101, the Life Safety Code, the edition as adopted and incorporated in Rule 69A-3.012, F.A.C., shall be the uniform firesafety standards for "public lodging establishme…

This rule chapter shall be known as "Minimum Fire Safety Standards for Residential Alcohol and Drug Abuse Treatment and Prevention Programs, Mental Health Residential Treatment Facilities and Crisis Stabilization Units." Rulemaking Authority 394.879(2), 633.104, 633.206 FS. Law I…

The purpose of this rule chapter is to specify measures to provide a reasonable degree of public safety from fire in programs and facilities subject to this rule chapter. Rulemaking Authority 394.879(2), 633.104, 633.206 FS. Law Implemented 394.879(2), 633.104, 633.206, 633.216 F…

(1) Except as provided in subsection (2), below, these rules apply as statewide minimum standards for facilities used as Residential Alcohol and Drug Abuse Treatment and Prevention Programs or Mental Health Residential Treatment Facilities and Crisis Stabilization Units. (2) Thes…