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FLORIDA ADMINISTRATIVE CODE 1 OF 255 Fire Inspectors Association of Broward County Chapter No. Chapter Title Page Number 69A-2 EXPLOSIVES 3 69A-3 FIRE PREVENTION - GENERAL PROVISIONS 27 69A-21 FIRE EXTINGUISHERS AND PRE-ENGINEERED SYSTEMS 34 69A-36 UNIFORM FIRE SAFETY STANDARDS FOR NONRESIDENTIAL CHILD CARE FACILITIES 50 69A-37 FIREFIGHTERS STANDARDS AND TRAINING 53 69A-38 UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES 89 69A-39 FIRESAFETY INSPECTOR CERTIFICATION 96 69A-40 UNIFORM FIRE SAFETY STANDARDS FOR ASSISTED LIVING FACILITIES 99 69A-41 UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES 104 69A-42 UNIFORM FIRE SAFETY STANDARDS FOR MOBILE HOME PARKS AND RECREATIONAL VEHICLE PARKS 112 69A-43 UNIFORM FIRE SAFETY STANDARDS FOR TRANSIENT PUBLIC LODGING ESTABLISHMENTS, TIMESHARE PLANS, AND TIMESHARE UNIT FACILITIES' 114 69A-44 MINIMUM FIRE SAFETY STANDARDS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT AND PREVENTION PROGRAMS, MENTAL HEALTH RESIDENTIAL TREATMENT FACILITIES AND CRISIS STABILIZATION UNITS 120 69A-46 FIRE PROTECTION SYSTEM CONTRACTORS AND SYSTEMS 122 69A-47 UNIFORM FIRE SAFETY STANDARDS FOR ELEVATORS 132 69A-48 FIRE SAFETY STANDARDS FOR FIRE ALARM SYSTEMS 135 69A-49 UNIFORM FIRE SAFETY STANDARDS FOR SELF-SERVICE GASOLINE STATIONS 139 69A-50 SPARKLER REGISTRATION AND TESTING 141 69A-51 BOILER SAFETY 145 69A-52 FEES RULE CHAPTER 164 69A-53 UNIFORM FIRE SAFETY STANDARDS FOR HOSPITALS AND NURSING HOMES 166 69A-54 UNIFORM FIRE SAFETY STANDARDS FOR CORRECTIONAL FACILITIES 170 69A-55 UNIFORM FIRE SAFETY STANDARDS FOR PUBLIC FOOD SERVICE ESTABLISHMENTS 172 69A-56 UNIFORM FIRE SAFETY STANDARDS FOR MIGRANT LABOR CAMPS 173 69A-57 UNIFORM FIRESAFETY STANDARDS FOR ADULT FAMILY CARE HOMES 175 69A-58 FIRESAFETY IN EDUCATIONAL FACILITIES 179 69A-60 THE FLORIDA FIRE PREVENTION CODE 192 69A-61 RULES OF THE BUREAU OF FIRE AND ARSON INVESTIGATIONS 205 69A-62 FIREFIGHTER EMPLOYMENT STANDARDS 209 69A-63 THE ARSON LABORATORY 267 69A-64 FIREFIGHTERS DEATH BENEFITS 273 69A-66 FLORIDA FIRE INCIDENT REPORTING SYSTEM 275
Transcript
Page 1: FLORIDA ADMINISTRATIVE CODE

FLORIDA ADMINISTRATIVE CODE

1 OF 255 Fire Inspectors Association of Broward County

Chapter No.

Chapter Title Page

Number

69A-2 EXPLOSIVES 3

69A-3 FIRE PREVENTION - GENERAL PROVISIONS 27

69A-21 FIRE EXTINGUISHERS AND PRE-ENGINEERED SYSTEMS 34

69A-36 UNIFORM FIRE SAFETY STANDARDS FOR NONRESIDENTIAL CHILD CARE FACILITIES

50

69A-37 FIREFIGHTERS STANDARDS AND TRAINING 53

69A-38 UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

89

69A-39 FIRESAFETY INSPECTOR CERTIFICATION 96

69A-40 UNIFORM FIRE SAFETY STANDARDS FOR ASSISTED LIVING FACILITIES

99

69A-41 UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE FACILITIES

104

69A-42 UNIFORM FIRE SAFETY STANDARDS FOR MOBILE HOME PARKS AND RECREATIONAL VEHICLE PARKS

112

69A-43 UNIFORM FIRE SAFETY STANDARDS FOR TRANSIENT PUBLIC LODGING ESTABLISHMENTS, TIMESHARE PLANS, AND TIMESHARE UNIT FACILITIES'

114

69A-44

MINIMUM FIRE SAFETY STANDARDS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT AND PREVENTION PROGRAMS, MENTAL HEALTH RESIDENTIAL TREATMENT FACILITIES AND CRISIS STABILIZATION UNITS

120

69A-46 FIRE PROTECTION SYSTEM CONTRACTORS AND SYSTEMS 122

69A-47 UNIFORM FIRE SAFETY STANDARDS FOR ELEVATORS 132

69A-48 FIRE SAFETY STANDARDS FOR FIRE ALARM SYSTEMS 135

69A-49 UNIFORM FIRE SAFETY STANDARDS FOR SELF-SERVICE GASOLINE STATIONS

139

69A-50 SPARKLER REGISTRATION AND TESTING 141

69A-51 BOILER SAFETY 145

69A-52 FEES RULE CHAPTER 164

69A-53 UNIFORM FIRE SAFETY STANDARDS FOR HOSPITALS AND NURSING HOMES

166

69A-54 UNIFORM FIRE SAFETY STANDARDS FOR CORRECTIONAL FACILITIES 170

69A-55 UNIFORM FIRE SAFETY STANDARDS FOR PUBLIC FOOD SERVICE ESTABLISHMENTS

172

69A-56 UNIFORM FIRE SAFETY STANDARDS FOR MIGRANT LABOR CAMPS 173

69A-57 UNIFORM FIRESAFETY STANDARDS FOR ADULT FAMILY CARE HOMES 175

69A-58 FIRESAFETY IN EDUCATIONAL FACILITIES 179

69A-60 THE FLORIDA FIRE PREVENTION CODE 192

69A-61 RULES OF THE BUREAU OF FIRE AND ARSON INVESTIGATIONS 205

69A-62 FIREFIGHTER EMPLOYMENT STANDARDS 209

69A-63 THE ARSON LABORATORY 267

69A-64 FIREFIGHTERS DEATH BENEFITS 273

69A-66 FLORIDA FIRE INCIDENT REPORTING SYSTEM 275

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69A-2

EXPLOSIVES

69A-2.001 Scope of Rules and Regulations. (1) Pursuant to Chapter 552, F.S., the following Rules and Regulations are adopted as required

thereunder, covering the Manufacture, Storage, Transportation, Sale, Use and Handling of explosives and blasting agents in the State of Florida.

(2) These Rules and Regulations shall not apply to the transportation of explosives or blasting agents when under the jurisdiction of and in compliance with the regulations of the Interstate Commerce Commission, the regulations of the United States Coast Guard, and the regulations of the Civil Aeronautical Board.

(3) Nothing contained in these Rules and Regulations shall apply to the regular Armed Forces of the United States, or to the duly organized military force of any state or territory thereof, or to police or fire departments in this state, provided they are acting within their respective official capacities and in the proper performance of their duties.

(4) These Rules and Regulations shall not apply to the transportation and use of explosives or blasting agents in the normal and emergency operations of federal agencies such as the Bureau of Mines, The Federal Bureau of Investigation and The Secret Service.

Specific Authority 552.13 FS. Law Implemented 552.091, 552.12, 552.13, 552.24 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.01, 4A-2.001.

69A-2.002 Definitions. (1) “Approved” means approved by the Division of State Fire Marshal of the Department of Financial

Services. (2) “Factory building” means any building or other structure (except magazines) containing explosives,

in which the manufacture of explosives, or any processing involving explosives is carried on, and any building where explosives are used as a component part or ingredient in the manufacture of any article or device. This definition does not include private residences or shop buildings where the handloading of small arms ammunition is being carried on.

(3) “Class 1 magazine” means any building or structure, except a factory building used for the permanent storage of explosives, as set forth in Rule 69A-2.006, F.A.C., paragraph (4)(a).

(4) “Class 2 and 3 magazines” means any container used for the temporary storage of small quantities of blasting caps and electric blasting caps, as set forth in Rule 69A-2.006, F.A.C., paragraphs (4)(b) and (c).

(5) “Inhabited building” means any building or structure regularly used in whole or part as a place of human habitation, and also any church, school, store, railway passenger station, airport terminal for passengers, and any other building or structure where people assemble, but excluding any building or structure occupied in connection with the manufacture, transportation, storage and use of explosives.

(6) “Railroad” means any steam, electric, diesel, electric, or other railroad or railway which carries passengers for hire.

(7) “Natural barricade” means natural features of the ground such as hills, or timber of sufficient density that the surrounding exposures which require protection cannot be seen when the trees are bare of leaves.

(8) “Artificial barricade” means an artificial mound or revetted wall of earth of a minimum thickness of three (3) feet.

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(9) “Barricade” means that a building containing explosives is effectually screened from a magazine, building, railway or highway, either by a natural barricade, or by an artificial barricade of such height that a straight line from the top of any sidewall of the building containing explosives to the eave line of any magazine, or building, or to a point twelve (12) feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade.

(10) Words used in singular number shall include the plural, and the singular.

Specific Authority 552.13 FS. Law Implemented 552.081, 552.13 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Amended 2-1-79, Formerly 4A-2.02, Amended 7-19-01, Formerly 4A-2.002.

69A-2.003 General Requirements. (1) No person shall store, handle, or transport explosives or blasting agents when such storage,

handling and transportation of explosives or blasting agents constitutes an undue hazard to life and property.

(2) No person shall possess, keep, store, sell, or offer for sale, give away, use, transport, or dispose of in any manner any explosive or blasting agent except in conformity with the provisions of Chapter 552, F.S., and these Rules and Regulations. Nothing in this rule shall be so construed as to prevent handloaders of ammunition from giving small quantities of black powder and smokeless propellant to authorized persons.

(3) Nothing in these Rules and Regulations shall be construed to prohibit the use of explosives in the form prescribed by the official United States Pharmacopeia.

(4) The State Fire Marshal may restrict the quantity of explosives or blasting agents that may be handled at any location within the state.

Specific Authority 552.13 FS. Law Implemented 552.091, 552.094, 552.101, 552.13, 552.211, 552.241 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Amended 9-28-78, Formerly 4A-2.03, Amended 8-25-98, Formerly 4A-2.003.

69A-2.005 Manufacture; Blasting Agents. (1) Buildings or other facilities used for mixing blasting agents, including mobile equipment, shall be

located, with respect to inhabited buildings, passenger railroads and public highways, in accordance with the American Table of Distances as set forth in Rule 69A-2.006, F.A.C., paragraph (5)(a).

(a) Minimum intra-plant separation distances between mixing units and the oxidizer storage areas and blasting agent storage areas shall be determined by competent persons, and these distances shall be approved by the State Fire Marshal.

(b) Any oxidizer stored at a closer distance to the blasting agent storage area than as provided in subsection (a) above shall be added to the quantity of blasting agents to calculate the total quantity involved for application of the aforementioned Table.

(2) Buildings used for the mixing of blasting agents shall conform to the requirements of these Rules and Regulations, unless otherwise specifically approved by the State Fire Marshal.

(a) Buildings shall be of noncombustible construction or sheet metal on wood studs. (b) The layout of the mixing building shall be such as to provide physical separation between the

finished product storage, and the mixing and packaging operations. (c) Floors in storage areas and in the processing plant shall be of concrete. Isolated fuel storage shall be

provided to avoid contact between molten oxidizer and fuel in case of fire. (d) The building shall be well ventilated. (e) Heat shall be provided exclusively from a unit outside the building. (3) The design of the mixer shall minimize the possibility of frictional heating, compaction, and

especially, confinement. Bearings and gears shall be protected against the accumulation of oxidizer dust. All surfaces shall be accessible for cleaning. Mixing and packaging equipment shall be constructed of materials compatible with the fuel-oxidizer composition.

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(4) The sensitivity of the blasting agent shall be determined by means of a No. 8 test blasting cap at regular intervals and after every change in ingredients, composition or packaging, or as may be requested by the State Fire Marshal.

(a) No liquid fuel with flash point lower than that of No. 2 Diesel fuel oil (125 degrees minimum or legal) shall be used.

(b) If solid fuels are used, they shall be chosen so as to minimize dust explosion hazards. (c) Metal dusts (aluminum powder, etc.), peroxides, chlorates or perchlorates shall not be used unless

such operations are conducted in a manner approved by the State Fire Marshal. (d) Unusual compositions shall not be attempted except under the supervision of competent personnel

equipped to determine the over-all hazards of the resulting compositions. (5) All electrical switches, controls, motors, and lights, if located in the mixing room, shall conform to

the requirements of Class II, Division 2 of the National Electrical Code, otherwise, they shall be located outside the mixing room. The frame of the mixer and all other equipment that may be used shall be electrically bonded and be provided with a continuous path to the ground.

(6) Washdown facilities shall be provided. Floors shall be constructed so as to eliminate open floor drains and piping into which molten materials could flow and be confined in case of fire. The floors and equipment of the mixing and packaging room shall be washed down frequently to prevent accumulation of oxidizers or fuels and other sensitizers. The entire mixing and packaging plant shall be washed down periodically to prevent excessive accumulation of dust.

(7) Smoking or open flames shall not be permitted in or within 50 feet of any building or facility used for the mixing of blasting agents.

(8) Empty oxidizer bags shall be disposed of daily in a safe manner. (9) Not more than one day’s production of blasting agents shall be permitted in or near the mixing and

packaging plant or area. Larger quantities shall be stored in separate warehouses or magazines in accordance with Rule 69A-2.006, F.A.C.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.05, 4A-2.005.

69A-2.006 Storage; General. (1) All explosives, except when being transported, shall be kept in magazines which meet the

requirements of these rules and regulations, except smokeless propellant shall be stored in accordance with the requirements set forth in Rule 69A-2.009, F.A.C., black powder shall be stored in accordance with the requirements set forth in Rule 69A-2.0091, F.A.C., and blasting agents shall be stored in accordance with the requirements set forth in Rule 69A-2.010, F.A.C.

(2) Blasting caps, electric blasting caps, and primed cartridges shall not be stored in the same magazines with other explosives.

(3) Ground around magazines shall slope away for drainage. The land surrounding magazines shall be kept clear of brush, dried grass, leaves, and other combustible materials for a distance of at least 25 feet in each direction.

(4) Magazines, as required by these Rules and Regulations, shall be used for the storage of explosive supplies ONLY and shall be of three classes, namely, Class I magazines, Class 2 magazines, and Class 3 magazines.

(a) Class I magazines shall be required for the permanent storage of explosives where the amount involved shall exceed 3,000 pounds.

(b) Class 2 magazines shall be required for the storage of explosives for immediate use or distribution or for temporary storage in the proximity of blasting operations, or when the limited quantity to be stored does not warrant the construction of a Class I magazine. Class 2 magazines shall not contain more than 3,000 pounds of explosives at any one time.

(c) Class 3 magazines shall be required for the temporary storage of limited amounts of explosives. Class 3 magazines shall not contain more than 50 pounds of explosives or 5,000 caps at any one time.

(5) All factory buildings and permanent or portable field magazines in which more than 50 pounds of explosives are kept or stored must be located at distances from inhabited buildings, passenger railways, and

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public highways, in conformity with the following American Table of Distances, as revised and approved by the Institute of Makers of Explosives, September 30, 1955.

(a) American Table of Distances for storage of Explosives:

Explosives: Distances In Feet Where Storage Is Barricaded

Pounds Pounds Inhabited Passenger Public Separation of Over Not Over Buildings Railways Highways Magazines 2 5 70 30 30 6 5 10 90 35 35 8 10 20 110 45 45 10 20 30 125 50 50 11 30 40 140 55 55 12 40 50 150 60 60 14 50 75 170 70 70 15 75 100 190 75 75 16 100 125 200 80 80 18 125 150 215 85 85 19 150 200 235 95 95 21 200 250 255 105 105 23 250 300 270 110 110 24 300 400 295 120 120 27 400 500 320 130 130 29 500 600 340 135 135 31 600 700 355 145 145 32 700 800 375 150 150 33 800 900 390 155 155 35 900 1,000 400 160 160 36 1,000 1,200 425 170 165 39 1,200 1,400 450 180 170 41 1,400 1,600 470 190 175 43 1,600 1,800 490 195 180 44 1,800 2,000 505 205 185 45 2,000 2,500 545 220 190 49 2,500 3,000 580 235 195 52 3,000 4,000 635 255 210 58 4,000 5,000 685 275 225 61 5,000 6,000 730 295 235 65 6,000 7,000 770 310 245 68 7,000 8,000 800 320 250 72 8,000 9,000 835 335 255 75 9,000 10,000 865 345 260 78 10,000 12,000 875 370 270 82 12,000 14,000 885 390 275 87 14,000 16,000 900 405 280 90 16,000 18,000 940 420 285 91 18,000 20,000 975 435 290 98 20,000 25,000 1,055 470 315 105 25,000 30,000 1,130 500 340 112 30,000 35,000 1,205 525 360 119 35,000 40,000 1,275 550 380 124 40,000 45,000 1,340 570 400 129 45,000 50,000 1,400 590 420 135 50,000 55,000 1,460 610 440 140

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55,000 60,000 1,515 630 455 145 60,000 65,000 1,565 645 470 150 65,000 70,000 1,610 660 485 155 70,000 75,000 1,655 675 500 160 75,000 80,000 1,695 690 510 165 80,000 85,000 1,730 705 520 170 85,000 90,000 1,760 720 530 175 90,000 95,000 1,790 730 540 180 95,000 100,000 1,815 745 545 185 100,000 110,000 1,835 770 550 195 110,000 120,000 1,855 790 555 205 120,000 130,000 1,875 810 560 215 130,000 140,000 1,890 835 565 225 140,000 150,000 1,900 850 570 235 150,000 160,000 1,935 870 580 245 160,000 170,000 1,965 890 590 255 170,000 180,000 1,990 905 600 265 180,000 190,000 2,010 920 605 275 190,000 200,000 2,030 935 610 285 200,000 210,000 2,055 955 620 295 210,000 230,000 2,100 980 635 315 230,000 250,000 2,155 1,010 650 335 250,000 275,000 2,215 1,040 670 360 275,000 300,000 2,275 1,075 690 385

(b) When a building or magazine containing explosives is not barricaded, the distances shown in the Table shall be doubled.

(c) When two or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways, and highways, and in addition, they shall be separated from each other by not less than the distances shown for “Separation of Magazines,” except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. All types of blasting caps in strengths through No. 8 cap shall be rated at 1 1/2 pounds of explosives per 1,000 caps. If any two or more magazines are separated from each other by less than the specified “Separation of Magazines” distances, then such two or more magazines, as a group, must be considered as one magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazine of the group, and must comply with the minimum of distances specified from other magazines, inhabited buildings, railways, and highways. Seismographic operations carried out on shipboard shall be required to comply with the distances shown for “Separation of Magazines” only as nearly as the physical limitation on the vessel will permit.

(d) The storage of more than 300,000 pounds of explosives in one magazine or in a group of magazines which is considered as one magazine will not be approved.

(e) This Table applies only to the manufacture and permanent or portable storage of explosives. It is not applicable to the transportation of explosives, or any handling or temporary storage necessary or incident thereto. It is not intended to apply to bombs, projectiles, or other heavily encased explosives.

(6) All factory buildings and magazines in which explosives are had, kept or stored, must be located beyond the corporate limits of any city or town, except with the consent of the proper authorities and the State Fire Marshal. In no instance shall storage of explosives within buildings located within the corporate limits of any city or town exceed 50 pounds or more than 5,000 caps. Smokeless propellants shall not be included in these quantity limitations. Two magazines may be located in the same building when one is used for the storage of caps provided that a distance of ten feet is maintained between magazines. Where such storage is permitted, it shall be located on the ground floor and at street level.

(7) A distance of at least 300 feet shall be maintained between Class 2 magazines and the work in

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progress, 150 feet between Class 3 magazines and the work in progress, and at least 50 feet when the quantity of explosives involved is 25 pounds or less. The State Fire Marshal may require a greater separation between magazines and the work in progress where conditions warrant. Publicly owned electric distribution, public utilities, and privately owned electric distribution public utilities and the communications systems are excepted.

(8) No matches, flame producing devices or fire of any kind shall at any time be permitted inside of or within 50 feet of a magazine.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.06, 4A-2.006.

69A-2.007 Storage; Magazine Construction Requirements. (1) Magazines shall be constructed in conformity with the provisions of these Rules and Regulations,

or may be of substantially equivalent construction satisfactory to the State Fire Marshal. (2) Magazines for the storage of explosives, other than black powder or smokeless propellant shall be

bullet-resistant, weather resistant, fire resistant, theft resistant, and ventilated sufficiently to protect the explosive in the specific locality. Magazines used only for the storage of black powder or smokeless propellant shall be weather resistant, fire resistant, theft resistant, and have ventilation. Magazines for storage of blasting caps and electric blasting caps shall be weather resistant, fire resistant, theft resistant, and ventilated.

(3) Property upon which Class I or Class 2 magazines are located shall be posted with signs reading “EXPLOSIVES – KEEP OFF,” legibly printed thereon in letters not less than 3 inches high. Such signs shall be located so as to minimize the possibility of a bullet traveling in the direction of the magazine if anyone should shoot at the sign.

(4) Magazines shall not be provided with heat or lights, except that if lights are necessary, an electric safety flashlight or safety lantern shall be used. The State Fire Marshal may waive the requirements of this subsection if adequate safety is assured.

(5) No nail or screwheads, bolts, or other sparking metal shall be exposed below the tops of walls inside Class I, Class 2, or Class 3 magazines.

(6) Class I magazines shall be constructed in accordance with the recommendations of the Institute of Makers of Explosives as shown in their Pamphlet No. 1, Standard Storage Magazines or equivalent.

(7) Class 2 magazines shall be constructed of not less than 12 gauge sheet steel lined with smooth wood, or of 4 inches of hardwood covered on the outside with not less than 16 gauge sheet metal or equivalent.

(8) Construction of Class 3 magazines: (a) Class 3 magazines shall be of wood or metal construction, or a combination thereof. (b) Wood magazines of this class shall have sides, bottom and cover constructed of at least two-inch

hardwood boards well braced at corners and protected by being entirely covered with sheet metal of not less than No. 20 gauge. All nails exposed to interior of the magazine shall be well counter-sunk and filled with a non-conductive material.

(c) All metal magazines of this class shall have sides, bottom and cover constructed of 12 gauge metal, and shall be lined with at least 3/8-inch plywood or the equivalent. Edges of metal covers shall overlap sides at least one inch.

(d) Covers for both wood and metal constructed magazines of this class shall be provided with substantial means for locking. Covers shall be kept locked except during the placement or removal of explosives.

(e) Magazines of this class shall be painted red and shall bear lettering in white, on all sides and top, at least one and one-half inches high, “EXPLOSIVES – KEEP FIRE AWAY.”

(f) Class 3 magazines when located in warehouses, and in wholesale and retail establishments shall be provided with handles and substantial wheels or casters to facilitate easy removal in the case of fire.

(g) Where necessary due to climatic conditions, Class 3 magazines shall be ventilated. (9) All magazines shall be provided with substantial means for locking; locks shall be provided and

magazine doors shall be kept locked, except during the time of placement and removal of stocks of

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explosives.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.07, 4A-2.007.

69A-2.008 Storage; Within Magazines. (1) Packages of explosives shall be laid flat with the top side up. Black powder, when stored in

magazines with other explosives shall be stored separately. Black powder stored in kegs shall be stored on ends, bungs down, or on side, seams down. Corresponding grades and brands shall be stored together in such a manner that brands and grade marks show. All stocks shall be stored so as to be easily counted and checked. Packages of explosives shall be piled in a stable manner. When any kind of explosive is removed from a magazine for use, the oldest explosive of that particular kind shall always be taken first.

(2) Packages of explosives shall not be unpacked or repacked within a Class I or Class 2 magazine nor within 50 feet of such magazines or in close proximity to other explosives. Tools used for opening packages of explosives shall be constructed of nonsparking materials, except that metal slitters may be used for opening fiberboard boxes. A wood wedge and a fiber, rubber or wood mallet shall be used for opening or closing wood packages of explosives. Opened packages of explosives shall be securely closed before being returned to a magazine.

(3) Magazine floors shall be regularly swept, kept clean, dry, free of grit, paper, empty used packages and rubbish. Brooms and other cleaning utensils shall not have any spark-producing metal parts. Sweepings from floors of magazines shall be properly disposed of. Magazine floors stained with nitroglycerin shall be cleaned according to the instructions of the explosives manufacturer.

(4) When any explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or if nitroglycerin leaks from any explosive, then the person in possession of such explosive shall immediately report the fact to the State Fire Marshal and upon his authorization shall proceed to destroy such explosive in accordance with the instructions of the explosives manufacturer. Only experienced persons shall do the work of destroying explosives.

(5) When magazines need inside repairs, all explosives shall be removed therefrom and the floors cleaned. In making outside repairs, if there is a possibility of causing sparks or fire, the explosives shall be removed from the magazine. Explosives removed from a magazine under repair shall either be placed in another magazine or placed a safe distance from the magazine where they shall be properly guarded and protected until repairs have been completed, when they shall be returned to the magazine.

(6) Smoking, matches, open flames, spark producing devices and firearms shall be prohibited inside of or within 50 feet of magazines. Combustible materials shall not be stored within 50 feet of magazines.

(7) Magazines shall be in the charge of a competent person at all times, and who shall be held responsible for the enforcement of all safety precautions.

(8) Magazine doors and covers must be kept closed and locked with approved locking devices except when opened for transacting business.

(9) The keys to a “USER’S” magazine doors and covers must be available only to the “USER” or one of his “BLASTERS.” It is the “USER’S” responsibility to keep his magazine locked from all unauthorized persons. Publicly owned electric distribution, public utilities, privately owned electric distribution public utilities and communications systems may, at their discretion, designate certain employees who will be responsible for the inspection of stored explosives. It is permissible for these persons to have keys to the USER’S magazine.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.08, 4A-2.008.

69A-2.009 Storage; Smokeless Propellant. (1) All smokeless propellants shall be stored in ICC-approved shipping containers. (2) Smokeless propellants intended for personal use in quantities not to exceed 20 pounds may be

stored in residences; quantities over 20 pounds but not to exceed 100 pounds shall be stored in a wooden

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box or cabinet having walls of at least 1 inch nominal thickness. (3) Not more than 20 pounds of smokeless propellants, in containers of 1-pound maximum capacity,

shall be displayed in commercial establishments. Commercial stocks of smokeless propellants over 20 pounds and not more than 100 pounds shall be stored in approved wooden boxes having walls of at least 1 inch nominal thickness. Not more than 100 pounds shall be permitted in any one box.

(4) Commercial stocks in quantities not to exceed 750 pounds shall be stored in storage cabinets having wooden walls of at least 1 inch nominal thickness. Not more than 400 pounds shall be permitted in any one cabinet.

(5) Quantities of smokeless propellants in excess of 750 pounds shall be stored in magazines constructed in accordance with Rule 69A-2.007, F.A.C., and located in accordance with Rule 69A-2.006, F.A.C.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.09, 4A-2.009.

69A-2.0091 Storage; Black Powder. (1) Black powder shall be stored in ICC-approved shipping containers. (2) Black powder stored in a secured building in quantities not to exceed fifty pounds shall be kept in a

wood box or cabinet having walls at least one inch nominal thickness. Said boxes or cabinets shall be kept securely locked except when necessarily opened for use by authorized persons. Such boxes or cabinets shall be provided with substantial handles to facilitate easy removal from building in event of an emergency, and shall be marked in accordance with paragraph 69A-2.007(8)(e), F.A.C.

(3) Black powder in excess of fifty pounds shall be stored in magazines constructed in accordance with Rule 69A-2.007, F.A.C., and located in accordance with Rule 69A-2.006, F.A.C.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–New 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.091, 4A-2.0091.

69A-2.010 Storage; Blasting Agents. (1) Blasting agents and oxidizers used for mixing of blasting agents shall be stored in the manner set

forth in this section. (a) Blasting agents or oxidizers when stored in conjunction with explosives shall be stored in the

manner set forth in Rules 69A-2.006, 69A-2.007 and 69A-2.008, F.A.C. The quantity of blasting agents or oxidizers shall be included when computing the total quantity of explosives for determining distance requirements.

(b) Blasting agents, when stored entirely separate from other explosives, shall be stored in one-story warehouses without basements. These warehouses shall be:

1. Non-combustible or fire resistive, 2. Constructed so as to eliminate open floor drains and piping into which molten materials could flow

and be confined in case of fire, 3. Weather resistant, 4. Well ventilated, and 5. Equipped with a strong door kept securely locked except when open for business. (c) Semi-trailer or full trailer vans used for highway or on-site transportation of blasting agents are

satisfactory for temporarily storing these materials, provided they are located according to the American Table of Distances with respect to inhabited buildings, passenger railroads and public highways. Trailers shall be provided with approved locking devices, and the trailer doors shall be kept locked, except during the time of placement and removal of stocks of blasting agents.

(2) Warehouses used for the storage of blasting agents separate from other explosives shall be located as follows:

(a) Warehouses used for the storage of blasting agents shall be located in accordance with the provisions of the American Table of Distances with respect to inhabited buildings, passenger railroads and public highways.

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(b) If both blasting agents and oxidizers are handled or stored within the distance limitations prescribed in Rule 69A-2.005, F.A.C., the weight of the oxidizer shall be added to the weight of the blasting agent to determine the proper distance for compliance with the American Table of Distances.

(3) Smoking, matches, open flames, spark producing devices and firearms shall be prohibited inside of or within 50 feet of any warehouse used for the storage of blasting agents. Combustible materials shall not be stored within 50 feet of warehouses used for the storage of blasting agents.

(4) The interior of warehouses used for the storage of blasting agents shall be kept clean and free from debris and empty containers. Spilled materials shall be cleaned up promptly and safely removed. Combustible materials, flammable liquids, corrosive acids, chlorates, nitrites or similar materials shall not be stored in any warehouse used for blasting agents unless separated therefrom by a fire resistive separation of not less than one hour resistance.

(5) Floors in storage warehouses shall be of concrete. (6) Bags of blasting agents, when stored in other than magazines or lined trailers, shall not be piled less

than 30 inches from the building walls in piles not more than 12 feet in width, with aisles not less than 30 inches between piles. If the storage building foundation and roof ventilation and has an air space between the floor perimeter and the walls, the 30 inch spacing from walls may be disregarded. Piles of blasting agents shall not be higher than within 36 inches of the eave line of the roof or the supporting and spreader beams overhead.

(7) Piles of oxidizers and warehouses containing oxidizers shall be adequately separated from readily combustible fuels.

(8) Caked oxidizers, either in bags or in bulk, shall not be loosened by blasting. (9) Every warehouse used for the storage of blasting agents shall be under the supervision of a

competent person. (10) The local authority having jurisdiction has the authority to and may designate the location for, and

limit the quantity of blasting agents which may be loaded, unloaded, reloaded, or temporarily retained at any facility within the jurisdiction.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.10, 4A-2.010.

69A-2.011 Storage; Inventory Required. (1) “MANUFACTURER – DISTRIBUTORS” and “DEALERS” must keep accurate accounts of all

inventories and sales of explosives. Invoices or sales tickets that are delivered to the purchaser shall bear the name of the “MANUFACTURER – DISTRIBUTOR” or “DEALER,” the name of the “USER,” the name of the purchaser, the address of the purchaser, the “USER’S” license number (except handloaders of ammunition for sporting use who are exempt from the licensing requirement by Section 552.241, F.S.), date of sale, identification of the type of explosives sold, quantity sold and the use for which the explosives are purchased.

(2) An accurate inventory of the stock of explosives and caps in magazines must be maintained by each “USER.” The inventory must record the date, pounds on hand, pounds received, pounds issued, pounds returned and balance on hand at all times of each brand and grade. Persons using black powder or smokeless propellants for the sole purpose of hand-loading ammunition for sporting use shall be exempt from the requirements of this rule.

(3) Similar inventories of blasting caps and electric blasting caps must be maintained for all cap magazines.

Specific Authority 552.13 FS. Law Implemented 552.111, 552.112, 552.13 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.11, 4A-2.011.

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69A-2.013 Transportation; General. (1) In addition to all other applicable requirements set forth in these Rules and Regulations, the

transportation of explosives over all highways shall be in accordance with Interstate Commerce Commission regulations.

(2) Explosives shall not be transported through any prohibited vehicular tunnel, or subway, or over any prohibited bridge, roadway, or elevated highway.

(3) No person shall smoke, carry matches or any other flame-producing device, or carry firearms or loaded cartridges while in or near a motor vehicle transporting explosives. Nothing in this subsection shall be so construed as to prevent the presence of a duly authorized and legally constituted armed guard on such vehicles where security considerations dictate their necessity.

(4) Explosives shall not be carried or transported in or upon a public conveyance or vehicle carrying passengers for hire.

(5) Explosives may be loaded into and transported in the following: truck, truck with semi-trailer, truck with full trailer, truck tractor with semi-trailer, truck tractor with semi-trailer and full trailer. Publicly owned electric distribution public utilities, privately owned electric distribution public utilities and communications systems which shall have first obtained the express approval of the State Fire Marshal in respect to their particular methods of handling explosives in trailer-hauling trucks shall be exempt from the provisions of this subsection.

(6) Explosives shall not be transferred from one vehicle to another within the corporate limits of any city or town without informing the local fire and police departments thereof. In the event of breakdown or collision, the local fire and police departments shall be promptly notified to help safeguard such emergencies. Explosives shall be transferred from the disabled vehicle to another only when proper and qualified supervision is provided.

(7) Blasting caps or electric blasting caps may be transported in the same motor vehicle with explosives if they are packed in authorized I.C.C. Specification outside shipping containers, or in prescribed inside I.C.C. packages in an outside box made of not less than 12 gauge non-sparking metal lined with plywood or other suitable material not less than 3/8 inch thick so that no metal is exposed to the interior of the box. This subsection shall not apply to the transportation of 6 pounds or less of explosives and/or 12 or less electric blasting caps in special carrying cases whose design and construction have been expressly approved by the State Fire Marshal as meeting appropriate standards of safety.

Specific Authority 552.13 FS. Law Implemented 552.12, 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.13, 4A-2.013.

69A-2.014 Transportation; Vehicles; Safety Requirements. (1) Vehicles used for transporting explosives shall be strong enough to carry the load without difficulty

and be in good mechanical condition. If vehicles do not have a closed body, the body shall be covered with a flameproof and moisture-proof tarpaulin or other effective protection against moisture and sparks. All vehicles used for the transportation of explosives shall have tight floors, and any exposed spark-producing metal on the inside of the body shall be covered with wood or other non-sparking materials to prevent contact with packages of explosives. Packages of explosives shall not be loaded above the sides of an open-body vehicle.

(2) Every vehicle used for transporting explosives shall be marked or placarded on both sides, front and rear with the word “EXPLOSIVES” in letters not less than 3 inches in height in contrasting colors, or in lieu thereof, shall conspicuously display upon an erect pole, in such a manner that it will be readily visible from all directions, a red flag of not less than 540 square inches in area with the word “EXPLOSIVES” painted, stamped or sewed thereon in white letters at least 6 inches in height. This subsection shall not apply to vehicles carrying 6 pounds or less of explosive and/or 12 or less electric blasting caps. Note: See Rule 69A-2.017, F.A.C., for the transportation of smokeless propellants.)

(3) Every motor vehicle used for transporting explosives shall be equipped with a minimum of two fire extinguishers, each having a rating of at least 5-BC, completely filled and in working condition. This subsection shall not apply to vehicles carrying 100 pounds or less of smokeless propellant, 6 pounds or less of explosives and/or 12 or less electric blasting caps.

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(a) Only extinguishers listed or approved by Underwriters’ Laboratories, Inc., Factory Mutual Laboratories, or by some other nationally recognized fire equipment testing laboratory, shall be deemed suitable for use on explosives-carrying vehicles.

(b) Extinguishers shall be filled and ready for immediate use and located near the driver’s seat. Extinguishers shall be examined periodically as to condition by a competent person.

(4) Motor vehicles used for transporting explosives shall be given the following inspection before each trip to determine that they are in the proper condition for safe transportation of explosives:

(a) Fire extinguishers shall be filled and in working order, (b) All electrical wiring shall be completely protected and securely fastened to prevent short circuiting, (c) Chassis, motor, pan and underside of body shall be reasonably clean and free of excess oil and

grease, (d) Fuel tank and feed line shall be secure and have no leaks, (e) Brakes, lights, horns, windshield wipers, and steering apparatus shall function properly, (f) Tires shall be checked for proper inflation and defects, (g) The vehicle shall be in proper condition in every other respect and acceptable for handling

explosives.

Specific Authority 552.13 FS. Law Implemented 552.12, 552.13 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.14, 4A-2.014.

69A-2.015 Transportation; Operation of Vehicles. (1) Vehicles transporting explosives shall only be driven by and be in charge of a driver who is

physically fit, careful, capable, reliable, able to read and write the English language, and not addicted to the use, or under the influence of intoxicants or narcotics. He shall be familiar with the traffic regulations, state laws, and the provisions of these Rules and Regulations. The driver shall always have his vehicle under complete control. Violation of this subsection shall be based upon an official report of any public official.

(2) Unauthorized persons or passengers shall not ride on a motor vehicle transporting explosives. (3) Motor vehicles transporting more than 6 pounds of explosives must come to a full stop before

crossing any railroad track or main highway, and must not proceed until it is known that the way is clear. (4) While transporting explosives, motor vehicles shall not be driven at a speed in excess of 50 miles

per hour. (5) The fuel tank of a motor vehicle transporting explosives shall not be filled except in an emergency

or when necessary to complete a trip, and then only when the motor is stopped and the brakes set. (6) The operator of a motor vehicle transporting explosives shall not leave such vehicle unattended

except while actually making deliveries. (7) Except under emergency conditions, no vehicle transporting explosives shall be parked before

reaching its destination, even though attended, on any public street adjacent to or in proximity to any bridge, tunnel, dwelling, building or place where people work, congregate or assemble.

(8) No spark-producing metal, spark-producing metal tools, oils, matches, carbides, firearms, electric storage batteries, flammable substances, acids, oxidizing materials or corrosive compounds shall be carried in the body of any motor truck and/or vehicle transporting explosives, provided, however, that this subsection shall not apply to the transportation of 6 pounds or less of explosives, and/or 12 or less electric blasting caps in special carrying cases whose design and construction have been expressly approved by the State Fire Marshal as meeting appropriate standards of safety. Nothing in this subsection shall be so construed as to prevent the presence of a duly authorized and legally constituted armed guard on such vehicles where security considerations dictate their necessity.

(9) Vehicles transporting explosives shall avoid congested areas and heavy traffic. Where routes through congested areas have been designated by local authorities, such routes shall be followed.

(10) Delivery of explosives shall be made only to authorized persons and into authorized magazines or approved temporary storage or handling areas.

Specific Authority 552.13 FS. Law Implemented 552.094, 552.12, 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.15, Amended 11-14-99, Formerly 4A-2.015.

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69A-2.016 Transportation; Explosives at Piers, Railway Stations, Etc. (1) Except in an emergency and with the permission of the local authority having jurisdiction, no

person shall have or keep explosives in a railway car unless said car and contents and methods of loading are in accordance with the Interstate Commerce Commission Regulations for the Transportation of Explosives.

(2) No person shall deliver any explosive to any carrier unless such explosive conforms in all respects, including marking and packing, to the Interstate Commerce Commission Regulations for the Transportation of Explosives.

(3) Every railway car containing explosives which has reached its destination, or is stopped in transit so as no longer to be in interstate commerce, shall have attached to both sides and ends of the car, cards with the words “EXPLOSIVES – HANDLE – CAREFULLY KEEP FIRE AWAY” in red letters at least one and one-half inches high on a white background.

(4) Any explosives at a railway facility, truck terminal, pier, wharf, harbor facility, or airport terminal, within the jurisdiction of these Rules and Regulations, whether for delivery to a consignee, or forwarded to some other destination, shall be kept in a safe place, isolated as far as practicable and in such manner that they can be easily and quickly removed.

(5) Explosives shall not be delivered to or received from any railway station, truck terminal, pier, wharf, harbor facility, or airport terminal within the jurisdiction of these Rules and Regulations between the hours of sunset and sunrise, except by special permission from the State Fire Marshal. Shipboard seismographic operations and industries handling explosives directly related to national defense are excepted from the provisions of this section.

(6) When explosives are brought into the locality under the jurisdiction of these Rules and Regulations, by any means of transportation, for delivery to an intermediate receiver, consignee’s agent or consignee, or to be forwarded to some other destination, the carrier performing the shipment shall immediately notify the consignee, local fire chief, local port authorities, and such other authorities as may be designated, of the arrival of the explosives, and if said consignee does not receive and remove the said explosives from the possession of the carrier within 48 hours, Sundays and holidays excluded, after such notification, then the railway, trucking firm, vessel agent or airline shall remove the said explosives from the jurisdiction or to a properly permitted magazine or make a report to the State Fire Marshal who shall see that the said explosives are moved to a place of safety.

(7) Any person having been notified, as consignee, of a shipment of explosives being in the hands of any carrier, and within the jurisdiction, shall remove the said explosives within 48 hours, Sundays and holidays excluded, after receiving such notification, to some place meeting the requirements of these Rules and Regulations.

(8) The local authority having jurisdiction has the authority to and may designate the location for, and limit the quantity of, explosives which may be loaded, unloaded, reloaded, or temporarily retained at any facility within the jurisdiction.

Specific Authority 552.13 FS. Law Implemented 552.12, 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.16, 4A-2.016.

69A-2.017 Transportation; Smokeless Propellants; Small Arms Ammunition Primers. (1) Quantities of smokeless propellants in shipping containers approved by the Interstate Commerce

Commission not in excess of 25 pounds may be transported in a passenger vehicle. (2) Quantities of smokeless propellants in excess of 25 pounds but not exceeding 100 pounds in a

passenger vehicle shall be transported in a portable box having wooden walls of at least 1 inch nominal thickness.

(3) Transportation of smokeless propellants in quantities in excess of 100 pounds is prohibited in passenger vehicles.

(4) Transportation of quantities of smokeless propellants in excess of 50 pounds in other than passenger vehicles shall be in accordance with Interstate Commerce Commission regulations, except that when more than 250 pounds are being transported, the vehicle shall be marked and placarded in accordance

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with subsection 69A-2.014(2), F.A.C. (5) Small Arms Ammunition Primers. (a) Small arms ammunition primers shall not be transported or stored except in the original shipping

container approved by the U.S. Department of Transportation (Formerly ICC Regulations). (b) Truck or rail transportation of small arms ammunition primers shall be in accordance with the

regulations of the U.S. Department of Transportation (Formerly ICC Regulations). (c) Not more than 25,000 small arms ammunition primers shall be transported in a passenger vehicle.

Specific Authority 552.13 FS. Law Implemented 552.12, 552.13, 552.241, 633.01(2) FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.17, 4A-2.017.

69A-2.018 Transportation; Blasting Agents. (1) When blasting agents are transported in the same vehicle with other explosives, all of the

requirements of Rules 69A-2.013, 69A-2.014, 69A-2.015, and 69A-2.016, F.A.C., shall be complied with. (2) Vehicles transporting blasting agents shall only be driven by and be in charge of a driver who is

capable, careful, reliable and in possession of a valid motor vehicle operator’s license. Such a person shall also be familiar with the State vehicle and traffic laws.

(3) No sparking metal, sparking metal tools, oils, matches, firearms, acids or other corrosive liquids shall be carried in the bed or body of any vehicle containing blasting agents.

(4) No person shall be permitted to ride upon, drive, load or unload a vehicle containing blasting agents while smoking or under the influence of intoxicants or narcotics.

(5) It is prohibited for any person to transport or carry any blasting agents upon any public vehicle carrying passengers for hire.

(6) Vehicles transporting blasting agents shall be in safe operating condition at all times. (7) When offering blasting agents for transportation on public highways the packaging, marking and

labeling of containers of blasting agents shall comply with the requirements of the Interstate Commerce Commission regulations.

(8) Vehicles used for transporting blasting agents on public highways shall be marked and placarded in accordance with subsection 69A-2.014(2), F.A.C.

Specific Authority 552.13 FS. Law Implemented 552.094, 552.12, 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.18, Amended 11-14-99, Formerly 4A-2.018.

69A-2.020 Use; Loading of Explosives in Blast Holes. (1) All drill holes shall be sufficiently large to admit freely the insertion of the cartridges of explosives. (2) Tamping shall be done only with wood rods without exposed metal parts. Non-sparking metal

connectors may be used for jointed poles. Plastic tamping poles may be used provided they have been approved by the State Fire Marshal. Violent tamping shall be avoided.

(3) No holes shall be loaded except those to be fired in the next round of blasting. Seismographic operations shall follow this procedure wherever possible for maximum safety, but where practicality will not permit, they are excepted from the provisions of this subsection.

(4) Drilling shall not be started until all remaining butts of old holes are examined with a wooden stick for unexploded charges, and if any are found they shall be refired or washed out by the blaster before work proceeds.

(5) No person shall be allowed to deepen drill holes which have contained explosives. (6) After loading for a blast is completed, all excess blasting caps or electric blasting caps and other

explosives shall immediately be returned to their separate storage magazines.

Specific Authority 552.13 FS. Law Implemented 552.091, 552.101, 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Amended 9-28-78, Formerly 4A-2.20, 4A-2.020.

69A-2.021 Use; Initiation of Explosive Charges. (1) When fuse is used, the blasting cap shall be securely attached to the safety fuse with a standard

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ring-type cap crimper. All primers shall be assembled at least 50 feet from any magazine. (2) Primers shall be made up only as required for each round of blasting. (3) No blasting cap shall be inserted in the explosives without first making a hole in the cartridge for

the cap with a wooden punch of proper size or with a standard cap crimper. (4) Explosives shall not be extracted from a hole that has once been charged or has misfired unless it is

impossible to detonate the unexploded charge by the insertion of a fresh additional primer. This work shall be done by the blaster.

(5) If there are any misfires while using cap and fuse, all persons shall remain away from the charge for at least 1 hour. If electric blasting caps are used and a misfire occurs, this waiting period may be reduced to 30 minutes. Misfires shall be handled by the blaster and all wires shall be carefully traced and a search made for unexploded charges. Seismographic operations will comply with the requirements of the paragraph wherever possible where practicality permits but are otherwise excepted from the provisions of the subsection.

(6) Blasters, when testing circuits to charged holes, shall use only blasting galvanometers designed for this purpose.

(7) The blaster making leading wire connections in electrical firing shall fire the shot. All connections shall be made from bore hole back to the source of firing current, and the leading wires shall remain shorted and not be connected to the blasting machine or other source of current until the charge is to be fired. Approved blasting machines should be used as a source of electric current for initiating electrically fired charges of explosives.

(8) Before a blast is fired, a loud warning signal shall be given by the blaster, who has made certain that all surplus explosives are in a place, all persons and vehicles are at a safe distance or under sufficient cover, and that an adequate warning has been given.

Specific Authority 552.13 FS. Law Implemented 552.091, 552.101, 552.13 FS. History–Amended 6-25-66, 10-18-67, Repromulgated 12-24-74, Amended 9-28-78, Formerly 4A-2.21, 4A-2.021.

69A-2.023 Conflicts.

Nothing contained in these Rules and Regulations shall be in conflict with provisions of the National Security Act of 1947, as amended, or the Espionage and Sabotage Act of 1954, as amended.

Specific Authority 552.13 FS. Law Implemented 552.13 FS. History–Amended 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.23, 4A-2.023.

69A-2.024 Construction Materials Mining Activities. (1) Scope. (a) This section implements Section 552.30, F.S., which gives the State Fire Marshal sole and

exclusive authority to promulgate standards, limits, and regulations regarding the use of explosives in conjunction with the extraction of limestone and sand by any person or company primarily engaged in commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials and Section 552.211, F.S., which allows the State Fire Marshal to restrict the quantity and use of explosives at any location within the state where such explosive is likely to cause injury to life or property.

(b) Any person or company not primarily engaged in commercial mining of limestone and sand suitable for production of construction aggregates, sand, cement, and road base materials remains subject to the provisions of Section 552.25, F.S.

(c) Nothing in this section is intended to supercede the requirements of Chapter 552, F.S., or other sections in this rule chapter.

(2) Definitions. As used in this rule: (a) “Blasting site” is a location within a mining area at which explosive charges are set. (b) “Independent seismologist” is an individual whose function includes vibration and air overpressure

measurement and the analysis and evaluation of their effects upon structures.

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1. A seismologist under this subsection will not be considered “independent” if the seismologist is an employee of:

a. The mining permit holder, blaster, or user; or b. Any entity subject to regulation under Section 552.30, F.S. 2. A seismologist shall be ineligible to serve as an “independent seismologist” if the seismologist: a. Has within 2 years from the written notice referenced below been retained by or otherwise served as

an expert witness, investigator, or consultant for the mining permit holder, blaster, or user or for an aggrieved party in connection with any anticipated or threatened claim, legal action, or other proceedings in which the mining permit holder, blaster, or user is alleged in a written notice to have caused damages or adversely affected personal property allegedly due to the operation or performance of the activities regulated under this rule chapter; or

b. Does not meet the criteria of paragraph (4)(c) of this rule. 3. The Fire Marshal’s office shall provide a list of qualified independent seismologists approved for

use pursuant to this paragraph. The requirement to use an independent seismologist shall not be effective until the list is compiled.

(c) “Limestone” as used in Section 552.30(1), F.S., means any extracted material composed principally of calcium or magnesium carbonate. Coquina is a form of limestone composed of shell fragments.

(d) “Mining area” as used in this rule section is the area of land in which construction materials mining activity is to occur.

(e) “Urban development” is defined as a residential subdivision containing 25 or more occupied residences within the local urban development boundary.

(3) Mining Permit. (a) Applicability. 1. Any construction materials mining activity which is in operation upon the effective date of this rule

shall be allowed to continue such mining operations, including blasting, provided that the applicant submits an application in accordance with this rule within 90 days of the effective date of this rule.

2. All construction materials mines which are not in active operation on the effective date of this rule must have a blasting permit issued pursuant to these rules prior to commencing blasting activities.

(b) A mining permit shall be issued only after: 1. Payment of a fee established in subsection (10) below or by the county or municipality to cover

costs. 2.a. Approval of an application, signed by the applicant showing the applicant’s name and address, on

Form DI4-1498 Rev. 3/02, Construction Mining Activity Application, which is hereby adopted and incorporated by reference and is available from Safety Program Manager, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

b. Within 30 days of receipt of the application, the State Fire Marshal shall request additional information if necessary to evaluate the application.

c. The State Fire Marshal shall inform the permittee by fax or otherwise in writing when the application is complete.

d. Within 90 days of the completion of the application, the application shall be approved or denied. (c) The permit holder shall report all complaints to the authority issuing the permit. (d) Standards for Mining Permit Approval. A mining permit shall be approved unless any item listed

on Form DI4-1498 in paragraph (b) above is not provided. (e) License period. Each mining permit shall be issued for a period of 10 years. (f) Annual Report and Annual Permit Fee Procedure. 1. The mining activity covered by the mining permit will be reviewed on an annual basis for

compliance with Chapter 552, F.S., including but not limited to compliance with the record keeping requirements.

2. The mining permit holder shall annually pay a permitting fee specified in subsection (10) below. (g) Transfer of permits. 1. Within 60 days after the sale or legal transfer of a mining operation, the permittee shall inform the

State Fire Marshal or delegatee in writing of the sale or legal transfer, identify the proposed new permittee, and request transfer of the permit.

2. At the option of the permittee request for transfer may be made prior to the sale or transfer of the

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mining operation, with approval being effective upon closing of the sale or transfer of the operation. 3. Requests for transfer shall be accompanied by the fee specified in paragraph (10)(e). 4. The State Fire Marshal or delegatee shall approve the transfer of the permit unless it determines that

the proposed new permittee does not meet the requirements of this rule. The determination shall be limited solely to the ability of the new permittee to comply with the conditions of the existing permit, and it shall not concern the adequacy of the permit conditions.

5. Within 30 days of receipt of the request for a transfer, the State Fire Marshal or delegatee shall request additional information if necessary to evaluate the request. The State Fire Marshal or delegatee shall inform the permittee by fax or otherwise in writing when the request is complete.

6. Within 90 days of the completion of the request, the request shall be approved or denied subject to Section 120.60, F.S.

7. The transferee is allowed to continue to operate under the existing permit until the request for transfer has been approved or denied.

(h) Renewal of Permits. 1. At least 60 days prior to the expiration of a mining permit issued pursuant to this rule, the permittee

wishing to continue activities subject to this rule shall apply for renewal of the permit using Form DI4-1498, Construction Mining Activity Application.

2. If the request is submitted at least 60 days prior to the expiration of the mining permit, the existing permit shall remain in effect until final agency action, or later as required by Section 120.60, F.S.

(i) Modification of Permits. 1. A permittee may request a modification of the permit by applying to the State Fire Marshal or

delegatee. The request shall identify the proposed modification. 2. Requests for modification shall be accompanied by the fee specified in paragraph (10)(d). 3. Within 30 days of receipt of the request, the State Fire Marshal or delegatee shall request additional

information if necessary to evaluate the request. 4. The State Fire Marshal or delegatee shall inform the permittee by fax or otherwise in writing when

the request is complete. 5. Within 30 days of the completion of the request, the request shall be approved or denied subject to

Section 120.60, F.S. (4) Ground Vibration Limits. Ground vibration shall not exceed the limits of particle velocity and

frequencies established by the U.S. Bureau of Mines Report of Investigations, No. 8507 Ground Vibration, Frequency Limits.

(a)1. The maximum, Appendix B – Alternative Blasting Level Criteria (Figure B-1). A blasting operation shall use a seismograph, as identified in paragraph (c) below, to monitor each blast to ensure compliance with the ground vibration limits established in Section 552.30, F.S.

2. The U.S. Bureau of Mines Report of Investigations No. 8507, Appendix B – Alternative Blasting Level Criteria (Figure B-1) and Table 8-1.3, established in Section 8-1 of the National Fire Protection Association Standard 495, 1996 Edition are hereby adopted and incorporated by reference. Copies may be obtained from the Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, FL 32399-0342.

(b) 1. Ground vibration shall be measured for every blast at the location of the nearest building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations, up to a maximum of one mile.

2. If there are no such buildings within one mile, measurement shall be made at one mile in the direction of the nearest such building.

3. If there is a building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations in a direction 90 to 270 degrees from the direction of the nearest building specified in subparagraph (b)1. above, and that building is no more than 500 feet farther than the nearest building, measurement shall also be made at the nearest of those buildings.

4. If a measurement location determined pursuant to subparagraphs (b)1.-3. above is not practicable, such as in a wet swamp, measurement shall be made at a point nearer to but in the same direction from the blast site.

(c)1. All measurements shall be made by a seismologist meeting the following criteria: a. Five years continuous experience measuring and evaluating levels of ground vibration and air

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overpressure produced by blasting; b. Demonstrable expertise in the use, location, and operation of seismographic equipment and analysis

of seismographic data; and c. Prior experience in monitoring side effects produced by blasting used in construction materials

mining activity. d. The State Fire Marshal has not found that the seismologist has engaged in dishonest practices

relating to the collection or analysis of data or information regarding the use of explosives in construction materials mining. Such a finding will be subject to Section 120.57, F.S.

e. The seismologist is not an employee of the mining permit holder, blaster, or user. 2. Measurements shall be taken and equipment shall meet specifications of and be installed in

accordance with the International Society of Explosives Engineers Blaster’s Handbook, 17th Edition, Copyright 1998.

3. The International Society of Explosives Engineers Blaster’s Handbook, 17th Edition, Copyright 1998, is hereby adopted and incorporated by reference and may be obtained from the International Society of Explosives Engineers, 29100 AVRA Road, Cleveland, Ohio 44131.

4. When the use of explosives occurs within 2 miles of an urban development, measurements shall be collected and reported by an independent seismologist.

(d)1. All seismographic equipment used within the boundaries of the State of Florida shall be calibrated according to the manufacturer’s specifications and shall be certified as accurate by the manufacturer on an annual basis or as needed.

2. If the manufacturer is unavailable for such certification, the certification shall be performed by a person approved by the State Fire Marshal. Such approval shall be granted if the certifying person is known to be independent and reliable. “Independent” means not an employee or affiliate of a company engaged in construction materials mining activity, and “reliable” means never having been found to have willfully or negligently miscalibrated seismographic equipment.

3. Units not meeting current calibration guidelines shall be removed from service until calibration has been completed.

4. Calibration records shall be made available to the Division upon request. (5) Airblast. (a) Airblast limits shall conform with the limits established in Section 8-2 of National Fire Protection

Association Standard Number 495, 1996 Edition, which is hereby adopted and incorporated by reference. 1. The codes and standards published by the National Fire Protection Association may be obtained by

writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. 2. All standards adopted and incorporated by reference in this rule are also available for public

inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(b)1. Measurements made by a seismologist and any measurements made by an independent seismologist shall be made using seismographic equipment meeting the specifications of the International Society of Explosives Engineers Blasters’ Handbook, 17th Edition, Copyright 1998.

2. Measurements shall be taken and equipment shall be installed in accordance with the International Society of Explosives Engineers Blasters’ Handbook, 17th Edition, Copyright 1998.

(6) Time and Date of Explosives Use. (a) The use of explosives shall be conducted during daylight hours between 8:00 a.m. and 5:00 p.m.

local time, Monday through Friday. (b) No explosive blasting shall occur on Saturdays, Sundays, official holidays recognized by the State

of Florida pursuant to Section 110.117, F.S., or hours other than specified in the prior sentence unless consent is granted by the State Fire Marshal. Such consent shall be granted if the consent is in the interest of public safety.

(7) Blasting Activities Reporting. Each person engaged in construction materials mining activity shall submit to the Division or its delegatee, upon request, the results of ground vibration and airblast measurements. This report shall be maintained in accordance with Section 552.112, F.S. The report shall contain, at a minimum, for each blast:

(a) Date and time of blast;

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(b) Number of holes; (c) Depth; (d) Number of wet holes, water depth; (e) Hole diameter; (f) Spacing; (g) Amount of explosives; (h) Number of primers; (i) Type of caps (i.e., electric or nonelectric); (j) Number of caps; (k) Stemming feet; (l) Maximum pounds delay; (m) Maximum hole delay; (n) Weather; (o) Wind direction; (p) Type and make of blasting machine; (q) Global positioning system direction and distance in feet to the nearest building; (r) Decking feet; (s) Location of each seismograph; (t) Peak particle velocity inches per second; (u) Sound decibels; (v) Name, address, and license number of user of explosives; and (w) Name, address, and permit number of blaster. (8) Local Government Notice. (a) Each person engaged in construction materials mining activity shall submit written notification to

the county and or municipality in which construction materials mining activity is to be conducted at least 20 days prior to the initial blast for any blasting.

(b) As soon as practical, but no later than one hour prior to the time when a blast is scheduled to take place, the person or firm engaged in construction materials mining activity shall, if requested, notify the county or municipality of any revisions to the notice.

(9) Delegation of Authority. (a) The delegation by the State Fire Marshal described in Section 552.30(2), F.S., shall be

accomplished by written agreement. (b) Fees charged by the delegatee for activities specified in the agreement shall not exceed an amount

calculated to cover the reasonable costs of the activities performed under the agreement. (10) Fees. The fees established pursuant to Section 552.30, F.S., shall be used exclusively to fund the

monitoring and enforcement activities pursuant to Section 552.30, F.S., unless otherwise approved by the Florida Legislature, and shall be as follows:

(a) Initial permit: $4000. (b) Renewal: $4000 after 10 years. (c) Annual mining permit fee: $1500. (d) Permit transfer fee: $100. (e) Permit modification fee: 1. $1500 for a modification including a change in the boundaries of the blasting site or mining area; 2. $500 for any other modification. (11) Disciplinary Action; Mining Permit; Grounds for Denial; Nonrenewal, Suspension, or Revocation

of a Mining Permit. (a) The State Fire Marshal shall investigate any alleged violation of Chapter 552, F.S., or this rule. (b) The following acts constitute cause for disciplinary action: 1. Violation of any provision of Chapter 552, F.S., or any rule adopted pursuant thereto. 2. Violation of the ground vibration, frequency limits set forth in Section 552.30, F.S. 3. Failing to obtain, retain or maintain one or more of the qualifications for a mining permit as

specified in this chapter. 4. Making a material misstatement, misrepresentation, or committing fraud in obtaining or attempting

to obtain a mining permit.

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5. Failing to maintain any record required pursuant to Chapter 552, F.S., and any rule or code adopted pursuant thereto.

6. Falsifying any record required to be maintained by Chapter 552, F.S., or rules adopted pursuant thereto.

(c) The lapse or suspension of a mining permit by operation of law or by order of the State Fire Marshal or a court or its voluntary surrender by a mining permit holder does not deprive the State Fire Marshal of jurisdiction to investigate or act in disciplinary proceedings against the mining permit holder.

(d) In addition, the State Fire Marshal shall not issue a new mining permit if it finds that the circumstance or circumstances for which the mining permit was previously revoked or suspended still exist or are likely to recur.

(12) Nothing in this rule shall impact a county’s or municipality’s authority to exercise whatever powers are not prohibited by Section 552.30, F.S.

(13)(a) Notwithstanding the standards in this rule, the Division shall, pursuant to Section 552.211(3), F.S., restrict the quantity and use of explosives at any location within the state when the Division determines, subject to protections provided by Chapter 120, F.S., the use of such explosives is likely to cause injury to life or property.

(b) Such restrictions shall be to the extent necessary to render the use of such explosives unlikely to cause injury to life or property.

(c) In determining that the use of explosives is likely to cause injury to life or property in a given location, the Division shall consider the following factors:

1. Distance of blasting activity to structures; 2. Use and occupancy of structures near blasting activity; 3. Geology of area near blasting activity; and 4. Type of construction use in structures near blasting activity. 5. Any credible evidence relevant to the risk of injury to life or property, not excluding evidence that

existing damage resulted from causes other than the use of explosives. (14) FLORIDA CONSTRUCTION MATERIALS MINING ACTIVITIES ADMINISTRATIVE

RECOVERY ACT, SECTIONS 552.32-.44, FLORIDA STATUTES; BONDS, LETTERS OF CREDIT. (a) Any person seeking to obtain a new User of Explosives License or to renew an existing User of

Explosives License pursuant to the provisions of Section 552.091(5)(a), F.S., and who is engaged in or intends to engage in the use of explosives in connection with construction materials mining activities, or any person seeking to obtain a new Construction Materials Mining Permit or to renew an existing Construction Materials Mining Permit issued pursuant to the provisions of Section 552.30, F.S., must post and maintain a bond, except as set forth in paragraph (d).

(b) Each bond shall: 1. Be issued by a surety company or by an insurance company licensed to issue surety bonds or to

transact insurance in the State of Florida; 2. Contain as a condition of the undertaking the following statement in type at least as large as the size

of the type for the remainder of the bond: THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT IF THE PRINCIPAL, the above bounded _____________________________________, shall faithfully comply with and conduct business under its license or permit in accordance with the provisions of the Chapter 552, F.S., and abide by all applicable statutes and rules and regulations of the Department of Financial Services (the Department) as promulgated by the Chief Financial Officer, the obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond shall be in favor of the Department and shall specifically authorize recovery by the Department on behalf of a prevailing party in an action for damages sustained under the Florida Construction Materials Mining Activities Administrative Recovery Act, Sections 552.32-.44, F.S., in case the Principal is guilty of failing to pay damages awarded within 30 days after a final order is issued by an administrative law judge of the Division of Administrative Hearings, or within 30 days after the entry of an appellate mandate affirming a final order awarding damages. 3. Have attached to it a properly certified copy of the agent’s Power of Attorney; 4. Be signed by the principal and have the signature of the principal witnessed; 5. Have typed below each signature the name of the person having affixed his or her signature;

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6. Be countersigned by a Florida Resident General Lines Agent of the Surety which must not be a title insurer;

7. Be bound to the Department of Financial Services of the State of Florida or its successors in office, in the penal sum of $100,000.00 in the aggregate, lawful money of the United States of America, for payment of which well and truly to be made;

8. Provide for giving 30 days notice of cancellation in writing to the principal and filed with the Department of Financial Services by United States registered mail;

9. Contain at the top, centered, in not less than 14 point boldface type lettering the words, “Construction Materials Mining Company Bond, Section 552.38, F.S.”.

(c) Although not required to be used, a form for a bond can be found at the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/index.htm which, if used and properly completed, will comply in all respects with the requirements of this rule.

(d) In lieu of the bond required in paragraph (a), a person referred to in paragraph (a) is permitted to obtain and maintain a letter of credit, which for purposes of this subsection shall be referred to as “Letter.” If a Letter is obtained and maintained in place of a bond, the following provisions apply.

1. Except as provided in this subsection, the provisions of Chapter 675, F.S., including, but not limited to, the definitions contained in Section 675.103, F.S., are applicable to each Letter, each party to a Letter, and to this subsection.

2. The issuer of the Letter must be a financial institution chartered under the laws of the United States of America or of the State of Florida.

3. The beneficiary of each Letter shall be the Department of Financial Services on behalf of a prevailing party in an action for damages sustained under the Florida Construction Materials Mining Activities Administrative Recovery Act, Sections 552.32-.44, F.S., if any person referred to in paragraph (a) fails to pay damages awarded within 30 days after a final order awarding damages is issued by an administrative law judge of the Division of Administrative Hearings, or within 30 days after the entry of an appellate mandate affirming a final order awarding damages.

4. The applicant for the Letter must be a person referred to in paragraph (a). 5.a. Each Letter must contain a condition of the undertaking. b. The condition of the undertaking of each Letter is that the Letter shall specifically authorize

recovery by the department on behalf of a prevailing party in an action for damages sustained under the Florida Construction Materials Mining Activities Administrative Recovery Act, Sections 552.32-.44, F.S., in the event that the applicant for the Letter fails to pay damages awarded within 30 days after a final order awarding damages is issued by an administrative law judge of the Division of Administrative Hearings, or within 30 days after entry of an appellate mandate affirming a final order awarding damages.

6. Each Letter must be authenticated by a signature which is on file with the department or in accordance with the standard practices referred to in Section 675.108(5), F.S.

7. The original of each Letter, once issued, must be maintained in the custody of the department. 8.a. No Letter is permitted to contain a statement that it is revocable. b. If a Letter contains a statement that it is revocable, such Letter is void and of no effect for purposes

of complying with the Florida Construction Materials Mining Activities Administrative Recovery Act, Sections 552.32-.44, F.S., or these rules.

9.a. Each Letter shall state that it is perpetual. b. Each Letter shall be perpetual within the meaning of Section 675.106, F.S. 10.a. Each Letter must be replaced not later than 4 years and 6 months after the stated date of issuance

or, if none is stated, after the actual date of issuance. b. Failure to replace the Letter within the 4 years and 6 months period without providing a bond as

permitted by paragraph (a) constitutes an immediate, serious danger to the public health, safety, and welfare, and shall result in an immediate final order of revocation of the licensee’s or permittee’s license or permit, and also constitutes grounds for the imposition of any other applicable penalty provided for in Chapter 552, F.S.

11.a. Each Letter shall be payable on or before the seventh day after presentation of a document evidencing satisfaction of the condition of the undertaking.

b. Presentation of a certified copy of a judgment awarding damages from an administrative law judge of the Division of Administrative Hearings under the Florida Construction Materials Mining Activities

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Administrative Recovery Act, Sections 552.32-.44, F.S., or a certified copy of an appellate court mandate affirming such a judgment, together with an affidavit from an authorized department representative that such judgment has not been paid, constitutes sufficient evidence to satisfy the condition of the undertaking for payment under the Letter.

c. Authorized representatives of the department are the Chief Financial Officer acting as the State Fire Marshal, the department’s Chief of Staff, any Deputy Chief Financial Officer acting on behalf of the Chief Financial Officer acting as the State Fire Marshal, the director of the Division of State Fire Marshal, the Chief of the Bureau of Fire Prevention, the Safety Program Manager of the Bureau of Fire Prevention, and any attorney employed by the department.

d. Payment under the Letter shall be made to the “Department of Financial Services.” e. After receipt of payment of the Letter, the department shall deposit the check and, upon clearance of

such check, the department shall issue a check for the exact same amount as the payment under the Letter to the owner or holder of the judgment referenced in this subsection.

12.a. Each Letter shall state that it is transferable and assignable from the department to the department’s transferee or assignee.

b. The department’s transferee or assignee shall be the owner and holder of a judgment from an administrative law judge of the Division of Administrative Hearings providing for damages under the Florida Construction Materials Mining Activities Administrative Recovery Act, Sections 552.32-.44, F.S., or a mandate affirming such a judgment, which the licensee or permittee has failed to pay within the time allotted in such Act.

13. Each Letter shall be governed by, and shall state that it is governed by, the laws of the State of Florida, regardless of the country, state, territory, or other location at which the Letter was applied for, requested, or issued.

14. Each Letter shall state that venue for any cause of action brought under the Letter in state court shall lie in the circuit court of the Second Judicial Circuit of Florida, in and for Leon County, and, if an action is brought under the laws of the United States of America, venue shall lie in the United States District Court for the Northern District of Florida, Tallahassee Division.

15. Each Letter is subject to approval by the department; however, if a Letter meets the criteria in, and complies with, subparagraphs 2. through 14. of paragraph (d) of this subsection, it shall be approved.

16. Once approved by the department, no Letter may be altered or amended in any manner except with written approval of the department; however, any Letter which contains any alteration or amendment which meets the criteria in, and complies with, subparagraphs 2. through 15. of paragraph (d) of this subsection, shall be approved.

(e)1. Each bond or letter of credit shall provide security for payment of any award against the user or permit holder in the initial amount of not less than $100,000.00, which amount shall be maintained at all times the user or permit holder engages in construction materials mining activities. If the user or permit holder wishes, such bond or letter of credit may be maintained in an amount that exceeds $100,000.00.

2. If an award is made pursuant to Section 552.40(7), F.S., and the respondent which is a user or permit holder fails to pay the damages within 30 days after the final order is issued or within 30 days after the entry of an appellate mandate affirming a final order awarding damages, and the award is paid from the bond or letter of credit provided for in Section 552.38, F.S., and this rule, the respondent shall immediately secure a replacement bond or letter of credit in the full sum of not less than $100,000.00.

3. The respondent against whom the award was made and the award paid from the bond or letter of credit shall not engage in construction materials mining activities without having secured an effective replacement bond or letter of credit.

(f) Each person subject to Section 552.38, F.S., must complete and maintain on file with the Department of Financial Services form DFS-K3-1598, Rev. 6/04, which is hereby adopted and incorporated by reference. Form DFS-K3-1598 may be obtained by contacting the department at 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/index.htm.

(15)(a) Based upon the safe level of blasting vibrations for houses as shown in Figure B-1, United States Bureau of Mines, Report of Investigations 8507, notwithstanding the limits in subsection (4) above, the use of explosives within two miles of an urban development, as defined in paragraph (2)(e) above, shall not exceed a peak particle velocity of more than 0.5 inches per second due to the potential existence of

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plaster on lath construction. (b) Measurement of such ground vibration levels shall be made consistent with subparagraph (4)(c)2.

above at the nearest occupied residential structure within the urban development, which structure is not owned, leased, or contracted with the blasting or mining operation.

Specific Authority 552.38 FS. Law Implemented 552.38 FS. History–New 11-25-01, Amended 6-24-02, Formerly 4A-2.024, Amended 10-27-04.

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69A-3

FIRE PREVENTION - GENERAL PROVISIONS

69A-3.009 Definitions.

Unless otherwise provided for by statute or the NFPA, the following terms shall, for the purpose of these rules, have the meanings indicated in this Rule:

(1) “Approved” means accepted by the authority having jurisdiction upon evaluation of compliance with appropriate standards for the product or procedure in question, or by reason of testing, and listing by an approved nationally recognized testing laboratory.

(2) “Final Administrative Interpreting Authority” means the State Fire Marshal regarding uniform fire safety standards. The State Fire Marshal’s interpretation regarding uniform fire safety standards shall be final agency action.

(3) “Local Authority Having Jurisdiction” shall mean any personnel acting under the authority of Sections 633.121 and 633.15, F.S., as agents of their respective jurisdictions.

(4) “NFPA” is the abbreviation for the National Fire Protection Association. (5) “Occupancy” shall mean the purpose for which a building or portion thereof is used or intended to

be used. (6) “Owner” includes his duly authorized agent or attorney, a purchaser, devisee or fiduciary, and also

means a person having a vested or contingent interest in the property in question. (7) “State Uniform Firesafety Standards” means the Rules of the State Fire Marshal as set out in Title

69A, F.A.C., and includes all standards referenced and adopted therein. (8) “U. L., Inc.” means Underwriter’s Laboratories, Incorporated. (9) “Nationally recognized testing laboratory” (as used herein or in any rule of the Division of State

Fire Marshal or in Chapter 633, F.S.) means a facility which: (a) Is regularly engaged in the examination, testing and evaluation of the type of product, equipment or

material required to be tested under the applicable statute or rule; (b) Has established test standards with regard to the type of product, equipment or material required to

be tested; (c) Has an established program for periodic inspection of factory production procedure, including

quality control; and (d) Operates independently of control or influence by producers, suppliers, or vendors of the product,

equipment or material being tested under the applicable statute or rule. (10) “Building and premises” is the structure or edifice enclosing a space within its walls and usually,

but not necessarily, covered with a roof and the land surrounding the structure or edifice. (11) “Division” means the Division of State Fire Marshal of the Department of Financial Services. (12)(a) “State-owned building,” as used in Chapter 633, F.S., and any rule adopted by the State Fire

Marshal, except as provided in paragraph (b) of this subsection, means any structure used or intended for supporting or sheltering any use or occupancy of which the state, any state agency or department, or the Trustees of the Internal Improvement Trust Fund is the record owner of the legal title to such structure.

(b) “State-owned building” does not mean or include a pole barn, a picnic shelter, a lift station, an animal pen, an animal feeder, a pump house, a one-family private residence, a two-family private residence, a forestry fire tower or other fire tower, a radio tower, a building no longer in use, an empty building, or a greenhouse.

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(c) Notwithstanding paragraph (b) of this subsection, the State Fire Marshal may inspect any state-owned structure excluded from the definition of state-owned building by paragraph (b) of this subsection if the State Fire Marshal has reasonable cause to believe that a violation of Chapter 633, F.S., Section 509.215, F.S., the rules of the State Fire Marshal, or the Florida Fire Prevention Code, may exist.

(13) “State-leased” means that the state, any state agency or department, or the Trustees of the Internal Improvement Trust Fund is the lessee which is leasing the building or space from a lessor.

Specific Authority 633.01(1), 633.022, 633.065(1)(b) FS. Law Implemented 633.01, 633.022, 633.065(2), 633.083(2) FS. History–New 9-16-65, Amended 10-18-67, 9-9-81, Formerly 4A-3.09, Amended 5-14-86, 2-12-87, 4-8-90, 11-27-01, Formerly 4A-3.009.

69A-3.011 Inspections of State-Owned Buildings and State-Leased Spaces. (1) Special definitions. (a) “Annually” means once at any time during the fiscal year July 1 through June 30. (b) “Three or more floor levels” shall mean the sum of all levels of exit discharge plus levels above

and below the exit discharge, including basements. (c) “Recurring basis” shall mean, as used in connection with inspections of buildings and spaces which

are not high hazard occupancies, annually if permitted by available resources, but at least once every two years, as determined by the Division of State Fire Marshal.

(d) “Flammable conditions hazardous to life and property” include all such conditions, except where 10 gallons or less of combustible and/or flammable liquids are stored in any one fire area of a building.

(2) Inspections of State-Owned Buildings. (a) Occupancies other than high hazard occupancies shall be inspected on a recurring basis as defined

in paragraph 69A-3.011(1)(c), F.A.C. In conducting these inspections, priority shall be given to buildings and spaces which are occupied by persons.

(b) All “High Hazard” state-owned occupancies, as defined in Section 633.021(11)(a), F.S., shall be inspected annually.

(3) Inspections of State-Leased Space. Each inspection of a state-leased space by the Division shall be conducted:

(a) Prior to occupancy by a state agency, or (b) Upon completion of any major renovations to already occupied state-leased space.

Each other inspection of state leased space is the responsibility of the local authority having jurisdiction. (4) Fire drills. Pursuant to Section 633.085, F.S., fire drills shall be conducted at least annually in all

high hazard occupancies. (a) The scheduling and execution of drills shall be the responsibility of the person or persons

responsible for the building. (b) Execution of drills shall be in accordance with NFPA 101, Life Safety Code, for the specific

occupancy classification of the building or space. (c) Drills shall be evaluated for their effectiveness and the results recorded in a readily available

location for inspection by the State Fire Marshal and his agents.

Specific Authority 633.01(1), 633.022 FS. Law Implemented 633.022, 633.085 FS. History–New 5-14-86, Amended 2-12-87, 4-8-90, 11-27-01, Formerly 4A-3.011.

69A-3.012 Standards of the National Fire Protection Association and Other Standards Adopted. (1) Except as specifically modified by statute or by the State Fire Marshal’s rules, the Florida specific

edition of NFPA 101, the Life Safety Code®, 2006 edition and the Florida specific edition of NFPA 1, the Uniform Fire Code, 2006 edition, as adopted within Rule Chapter 69A-60, F.A.C., entitled the “2007 edition of the Florida Fire Prevention Code,” are hereby adopted and incorporated by reference and are applicable to those buildings and structures specified in paragraphs (a) and (b) of subsection (1) of Section 633.022, F.S. In addition, the following standards, except as specifically modified in the rule chapters in Rule Title 69A, are hereby adopted and incorporated by reference and shall take effect on the effective date of this rule, as a part of the uniform fire safety standards adopted by rule by the State Fire Marshal and are

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applicable to those buildings and structures specified in paragraphs (a) and (b) of subsection (1) of Section 633.022, F.S.: NFPA 10-2002 edition, Standard for Portable Fire Extinguishers NFPA 11-2005 edition, Standard for Low-, Medium, and High- Expansion Foam NFPA 11A-1999 edition, Standard for Medium and High Expansion Foam Systems NFPA 12-2005 edition, Standard on Carbon Dioxide Extinguishing Systems NFPA 12A-2004 edition, Standard on Halon 1301 Fire Extinguishing Systems NFPA 13-2002 edition, Standard for the Installation of Sprinkler Systems NFPA 13D-2002 edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes NFPA 13R-2002 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height NFPA 14-2003 edition, Standard for the Installation of Standpipe and Hose Systems, except 2-7 shall be omitted NFPA 15-2001 edition, Standard for Water Spray Fixed Systems for Fire Protection NFPA 16-2003 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems NFPA 17-2002 edition, Standard for Dry Chemical Extinguishing Systems NFPA 17A-2002 edition, Standard on Wet Chemical Extinguishing Systems NFPA 20-2003 edition, Standard for the Installation of Stationary Pumps for Fire Protection NFPA 22-2003 edition, Standard for Water Tanks for Private Fire Protection NFPA 24-2002 edition, Standards for the Installation of Private Fire Service Mains and Their Appurtenances NFPA 25-2002 edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, except that quarterly flow tests shall be required for those systems supplied by a municipal water supply. NFPA 30-2003 edition, Flammable and Combustible Liquids Code NFPA 30A-2003 edition, Code for Motor fuel Dispensing Facilities and Repair Garages NFPA 30B-2002 edition, Code for the Manufacture and Storage of Aerosol Products NFPA 31-2001 edition, Standard for the Installation of Oil Burning Equipment NFPA 32-2004 edition, Standards for Drycleaning Plants NFPA 33-2003 edition, Standard for Spray Application Using Flammable and Combustible Materials NFPA 34-2003 edition, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids NFPA 35-2005 edition, Standard for the Manufacture of Organic Coatings NFPA 36-2004 edition, Standard for Solvent Extraction Plants NFPA 37-2002 edition, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines NFPA 40-2001 edition, Standard for the Storage and Handling of Cellulose Nitrate Film NFPA 45-2004 edition, Standard on Fire Protection for Laboratories Using Chemicals NFPA 50-2001 edition, Standard for Bulk Oxygen Systems at Consumer Sites NFPA 50B-1999 edition, Standard for Liquid Hydrogen Systems at Consumer Sites NFPA 51-2002 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting and Allied Processes NFPA 51A-2001 edition, Standard for Acetylene Cylinder Charging Plants NFPA 51B-2003 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work NFPA 52-2006 edition, Vehicular Fuel Systems Code NFPA 53-2004 edition, Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched Atmospheres NFPA 54-2006 edition, National Fuel Gas Code NFPA 55-2005 edition, Standard for the Storage, Use, and Handling of Compressed Gasses and Cryogenic Fluids in Portable and Stationary Containers, Cylinders and Tanks NFPA 57-2002 edition, Liquefied Natural Gas Vehicular Fuel Systems Code NFPA 58-2004 edition, Liquefied Petroleum Gas Code

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NFPA 59-2004 edition, Utility LP-Gas Plant Code NFPA 59A-2006 edition, Standard for the Production, Storage and Handling of Liquefied Natural Gas NFPA 61-2002 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Products Facilities NFPA 69-2002 edition, Standard on Explosion Prevention Systems NFPA 70-2005 edition, National Electrical Code NFPA 72-2002 edition, National Fire Alarm Code NFPA 75-2003 edition, Standard for the Protection of information Technology Equipment NFPA 80-1999 edition, Standard for Fire Doors and Fire Windows NFPA 80A-2007 edition, Recommended Practice for Protection of Buildings from Exterior Fire Exposures NFPA 82-2004 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment NFPA 86-2003 edition, Standard for Ovens and Furnaces NFPA 86C-1999 edition, Standard for Industrial Furnaces Using a Special Processing Atmosphere NFPA 86D-1999 edition, Standard for Industrial Furnaces Using Vacuum as an Atmosphere NFPA 88A-2002 edition, Standard for Parking Structures NFPA 90A-2002 edition, Standard for the Installation of Air Conditioning and Ventilating Systems NFPA 90B-2006 edition, Standard for the Installation of Warm Air Heating and Air Conditioning Systems NFPA 91-2004 edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and Noncombustible Particulate Solids NFPA 92A-2006 edition, Standard for Smoke-Control Systems Utilizing barriers and Pressure Differences NFPA 92B-2005 edition, Standard for Smoke Management Systems in Malls, Atria, and Large Spaces NFPA 96-2004 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations. Subdivision 10-2.3 of NFPA 96 applies prospectively only. Existing installations are permitted to remain in place subject to the approval of the authority having jurisdiction. NFPA 99-2005 edition, Health Care Facilities NFPA 99B-2005 edition, Standard for Hypobaric Facilities NFPA 101A-2004 edition, Guide on Alternative Approaches to Life Safety NFPA 101B-2002 edition, Standard on Means of Egress for Buildings and Structures NFPA 102-1995 edition, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures NFPA 105-2003 edition, Recommended Practice for the Installation of Smoke-Control Door Assemblies NFPA 110-2005 edition, Standard for Emergency and Standby Power Systems NFPA 111-2005 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems NFPA 115-2003 edition, Recommended Practice on Laser Fire Protection NFPA 120-2004 edition, Standard for Fire Prevention and Control in Coal Mines NFPA 130-2007 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems NFPA 140-2004 edition, Standard on Motion Picture and Television Production Studio Soundstages and Approved Production Facilities NFPA 150-2007 edition, Standard on Fire and Life Safety in Animal Housing Facilities NFPA 160-2006 edition, Standard for Use of Flame Effects Before an Audience NFPA 211-2003 edition, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances NFPA 214-2005 edition, Standard on Water-Cooling Towers NFPA 221-2006 edition, Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls NFPA 232-2000 edition, Standard for the Protection of Records NFPA 232A-1995 edition, Guide for Fire Protection for Archives and Record Centers NFPA 241-2004 edition, Standard for Safeguarding Construction, Alteration and Demolition Operations NFPA 251-2006 edition, Standard Methods of Tests of Fire Endurance of Building Construction and Materials NFPA 252-2003 edition, Standard Methods of Fire Tests of Door Assemblies NFPA 253-2006 edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source NFPA 255-2006 edition, Standard Method of Test of Surface Burning Characteristics of Building Materials NFPA 256-2003 edition, Standard Methods of Fire Tests of Roof Coverings NFPA 257-2000 edition, Standard on Fire Tests for Window and Glass Block Assemblies

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NFPA 259-2003 edition, Standard Test Method for Potential Heat of Building Materials NFPA 260-2003 edition, Standard Method of Test and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture NFPA 261-2003 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes NFPA 265-2002 edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Coverings on full Height Panels and Walls NFPA 267-1998 edition, Standard Method of Test for Fire Characteristics of Mattresses and Bedding Assemblies Exposed to Flaming Ignition Sources NFPA 286-2006 edition, Standard Methods of Fire Test for Evaluating Contribution of Wall and Ceiling Interior Finish to Room Fire Growth NFPA 291-2007 edition, Recommended Practice for Fire Flow Testing and Marking of Hydrants NFPA 303-2006 edition, Fire Protection Standards for Marinas and Boatyards NFPA 307-2006 edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves NFPA 312-2006 edition, Standard for Fire Protection of Vessels During Construction, Repair and Lay-Up NFPA 318-2006 edition, Standard for the Protection of Semiconductor Fabrication Facilities NFPA 385-2000 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids NFPA 407-2001 edition, Standard for Aircraft Fuel Servicing NFPA 409-2004 edition, Standard on Aircraft Hangars NFPA 410-2004 edition, Standard on Aircraft Maintenance NFPA 415-2002 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways NFPA 418-2001 edition, Standard for Heliports NFPA 430-2004 edition, Code for Storage of Liquid and Solid Oxidizers NFPA 432-2002 edition, Code for Storage of Organic Peroxide Formulations NFPA 434-2002 edition, Code for the Storage of Pesticides NFPA 484-2006 edition, Standard for Combustible Metals NFPA 490-2002 edition, Code for the Storage of Ammonium Nitrate NFPA 495-2006 edition, Explosive Materials Code NFPA 498-2006 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives NFPA 501-2005 edition, Standard on Manufactured Housing NFPA 501A-2005 edition, Standard for Firesafety Criteria for Manufactured Home Installations, Sites, and Communities NFPA 502-2008 edition, Standard for Road Tunnels, Bridges, and Other Limited Access Roadways NFPA 505-2006 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of Use, Conversions, Maintenance, and Operation NFPA 654-2006 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing, and Handling of Combustible Particulate Solids NFPA 655-2001 edition, Standard for Prevention of Sulfur Fires and Explosions NFPA 664-2002 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking Facilities NFPA 701-2004 edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films NFPA 703-2006 edition, Standard for Fire Retardant-Treated Wood and Fire- Retardant Coatings for Building Materials NFPA 704-2001 edition, Standard System for the Identification of the Fire Hazards of Materials for Emergency Response NFPA 750-2006 edition, Standard on Water Mist Fire Protection Systems NFPA 780-2004 edition, Standard for the Installation of Lightning Protection Systems NFPA 820-2003 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities NFPA 850-2005 edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations NFPA 909-2005 edition, Standard for the Protection of Cultural Resources Properties – Museums,

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Libraries, and Places of Worship NFPA 1122-2002 edition, Code for Model Rocketry NFPA 1123-2006 edition, Code for Fireworks Display NFPA 1124-2006 edition, Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles NFPA 1125-2001 edition, Code for the Manufacture of Model Rocket and High Power Rocket Motors NFPA 1126-2006 edition, Standard for the Use of Pyrotechnics Before a Proximate Audience NFPA 1127-2002 edition, Code for High Power Rocketry NFPA 1142-2001 edition, Standard for Water Supplies for Suburban and Rural Fire Fighting NFPA 1194-2005 edition, Standard for Recreation Vehicle Parks and Campgrounds NFPA 1221-2007 edition, Standard for the Installation, Maintenance, and Use of Emergency Communications Systems NFPA 1561-2005 edition, Standard on Emergency Services Incident Management System NFPA 1962-2003 edition, Standard for the Inspection, Care, and Use of Fire Hose Including Couplings and Nozzles; and the Service Testing of Fire Hose NFPA 1963-2003 edition, Standards for Fire Hose Connections NFPA 2001-2004 edition, Standard on Clean Agent Fire Extinguishing Systems The portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders. The portions of 29 Code of Federal Regulations, Parts 1900-1910 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders. Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders. Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995. Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders. Compressed Gas Association CGA C-6.3-1999, Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition.

(2) All buildings, structures, establishments, facilities, equipment, or vehicular equipment over which the State Fire Marshal has jurisdiction which are constructed, renovated, expanded, rehabilitated, or in any other way significantly altered on or after the effective date of the adoption of the codes and standards adopted in subsection (1), above, shall conform to the requirements of the codes, standards, recommended practices, and manuals contained therein, unless the structure, establishment, or facility has been exempted from complying because the building, structure, establishment, facility, equipment, or vehicular equipment has been granted an exemption from compliance by act of the Legislature.

(3) All buildings, structures, establishments, facilities, equipment, or vehicular equipment over which the State Fire Marshal has jurisdiction which are in existence on or after the effective date of the adoption of the codes and standards adopted in subsection (1), above, shall conform to the requirements of those codes and standards within a reasonable period of time. It is understood that the correction of some fire safety violations will necessitate the employment of design professionals while other violations can be expeditiously resolved. “Within a reasonable time” is defined as the amount of time it would normally take to correct a specific fire code violation under the assumption that the property owner would begin to correct said violations upon receipt of an official document from the enforcing agency.

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(4) The codes and standards published by the National Fire Protection Association, including the Florida edition of NFPA 1 and NFPA 101 as adopted in Rule Chapter 69A-60, F.A.C., may be obtained by writing to BNi, 1612 S Clementine Street, Anaheim, CA 92802. ANSI standards may be obtained from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018. ANSI/ASME standards may be obtained from the American Society of Mechanical Engineers, 345 East 47th Street, New York, N.Y. 10017. ASTM standards may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. UL standards may be obtained from Underwriters Laboratories, Inc., 333 Pfingston Road, Northbrook, IL 60062. All standards incorporated by reference in this rule are also available for public inspection during regular business hours at the Division currently located on the third floor (Room 326) of the Atrium Building, 325 John Knox Road, Tallahassee, Florida.

(5) The Code of Federal Regulations and the Compressed Gas Association (CGA) documents incorporated by reference in this rule are available for public inspection during regular business hours at the Division currently located on the third floor (Room 326) of the Atrium Building, 325 John Knox Road, Tallahassee, Florida. Specific Authority 633.01(1), 633.022, 633.0215 FS. Law Implemented 633.01, 633.022, 633.0215 FS. History–New 5-14-86, Amended 2-12-87, 4-8-90, 10-30-91, 4-3-95, 11-27-01, Formerly 4A-3.012, Amended 8-7-05, 5-18-08, 12-31-08.

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69A-21

FIRE EXTINGUISHERS AND PRE-ENGINEERED SYSTEMS

69A-21.102 Dealer License. (1) The applicant shall submit an application on form DI4A-32, “Application for Fire Equipment

Dealer License” revised 11/99 as adopted and incorporated herein by reference furnished by the Regulatory Licensing Section, Bureau of Fire Prevention, Division of State Fire Marshal which shall conform with Section 633.061, F.S., identifying the class of license requested. Each licensee shall maintain a specific business location. A separate application and license are required for each business location. Any advertisement that the services of installing, recharging, repairing, or inspecting or other maintenance of portable fire extinguishers or pre-engineered systems are available shall indicate that the premises, business, room, shop, store or establishment in or upon which it appears or to which it refers are a separate business location.

(2) The application shall be accompanied by a fee as prescribed in Section 633.061(1), F.S., for the type license requested.

(3) A non-refundable fee as prescribed in Section 633.061(3)(c)6., F.S., shall accompany each application requiring an examination.

(4) The application shall be accompanied by evidence of registration as a Florida Corporation or evidence of compliance with the Fictitious Name Statute as prescribed in Section 865.09, F.S.

(5) The person signing the application must meet the experience, or experience and education requirements as prescribed in Section 633.061, F.S., and shall successfully complete a prescribed certification training course offered by the Florida State Fire College or an equivalent course approved by the Bureau of Fire Standards and Training.

(6) Upon successful completion of the prescribed certification training course, the applicant will be administered an examination testing his or her competency and knowledge of the tasks to be performed pursuant to the class license requested.

(7) Upon successful completion of the competency examination, the applicant shall submit evidence of the insurance coverage required by Section 633.061(3)(c)3., F.S., for the class license requested.

(8) When the applicant has completed the requirements in subsections (1) through (7), above, a pre-license inspection will be conducted at the facility of the applicant to determine that the equipment is functional and meets the requirements of subsection (12), below. The Regulatory Licensing Section shall inspect vehicles, equipment, buildings, devices, premises or any area to be used in performing the activities allowed by the license. Vehicles will be inspected annually or as deemed necessary to insure minimum equipment requirements are met based on the services performed from each vehicle. At the time of inspection, the dealer shall provide to the Regulatory Licensing Section a list identifying the vehicle, by tag number, and the services performed from such vehicle. After issuance of a license, such facilities shall be inspected annually thereafter or as frequently as deemed necessary to ensure that the equipment requirements continue to be met.

(9) Each license application shall be accompanied by at least one application for an individual to obtain a permit pursuant to the provisions of Rule 69A-21.103, F.A.C.

(10) Upon satisfactory completion of the application, examination, insurance and equipment requirements, a license will be issued.

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(11) Any fire equipment dealer, licensed pursuant to Section 633.061, F.S., who does not want to engage in servicing, inspecting, recharging, repairing or installing halon equipment must file an affidavit on form DI4-1482 (REV: 10/01), “Fire Equipment Dealer Halon Exemption Affidavit” as adopted and incorporated herein by reference furnished by the Regulatory Licensing Section.

(12) Equipment requirements. (a) Each licensed business location shall be required to possess, at a minimum, the required equipment

listed below, the equipment shall be demonstrated at the time of any inspection, to be functional to perform service as indicated by the license. All facilities must be in possession of a retester’s identification number and certification in compliance with the portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, as adopted in Rule Chapter 69A-3, F.A.C.

(b) Minimum Equipment and Facilities Requirements.

MINIMUM EQUIPMENT AND FACILITIES REQUIRED PER CLASS OF LICENSE 1. Hydrostatic test equipment for high pressure testing and calibrated cylinder maintainedin compliance with the requirements of Compressed Gas Association, Inc., publicationCGA C-1, the edition as adopted in Rule Chapter 69A-3, F.A.C. DOT certification letter posted on or near the test apparatus identifying a current retester identification numberissued to the facility.

A

2. Equipment for test dating United States Department of Transportation specificationcylinders. Die stamps for Class A and D facilities must be a minimum of 1/4 inch andinclude the retester identification number issued to the facility.

A B C D

3. Clock with sweep second hand or digital clock with second increments on or close tohydrostatic test apparatus.

A B C D

4. CO2 receiver bulk, liquid, or cascade system for proper filling of CO2 extinguishers. A B 5. Conductivity tester and tags as required by NFPA 10, as adopted in Rule Chapter 69A-3, F.A.C.

A B C

6. Drying method which does not exceed 150 degrees Fahrenheit for high and low pressure cylinders in accordance with NFPA 10, as adopted in Rule Chapter 69A-3, F.A.C., and the manufacturer’s specifications.

A B C D

7. Proper wrenches with non-serrated jaws or valve puller, hydraulic or electric. A B C D 8. Appropriate inspection light. A B C D 9. Low pressure test apparatus for the licenses held, with gauges certified accurate incompliance with the requirements of Compressed Gas Association, Inc., publicationCGA-C1, the edition as adopted in Rule Chapter 69A-3, F.A.C., and maintained in accordance with the requirements of the said CGA-C1. United States Department of Transportation certification letter posted on or near the test apparatus identifying thecurrent retester identification number issued to the facility.

A B C D

10. All record tags, service, hydrotest, 6 year maintenance, as required by Chapter 69A-21, F.A.C., as adopted in Rule Chapter 69A-3, F.A.C., and the portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders,Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High PressureAluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-

A B C D

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1999 Guidelines for Visual Inspection and Requalification of Low Pressure AluminumCompressed Gas Cylinders, Second Edition, and which pertain to low pressure and highpressure cylinders, as adopted in Rule Chapter 69A-3, F.A.C. 11. Scales with division of not more than 1/4 ounce with adequate weighing capacity forweighing CO2 cartridges, must be certified annually or tested for accuracy annually by aservice agency in accordance with the provisions of Chapter 531, F.S.

A B C D

12. Scales with adequate weighing capacity for extinguisher inspection and filling mustbe certified annually or tested for accuracy annually by a service agency in accordancewith the provisions of Chapter 531, F.S.

A B C D

13. Vise, 6 inch minimum (chain or bench). A B C D 14. Supply of chemicals in accordance with manufacturer’s specifications in properstorage for all extinguishers and systems being serviced.

A B C D

15. Facilities for leak testing of pressurized extinguishers and preengineered systemcylinders in accordance with the manufacturer’s specifications.

A B C D

16. Pressure gauges shall be calibrated in accordance with Section 4-5.4.2, NFPA 10, as adopted in Rule Chapter 69A-3, F.A.C.

A B C D

17. Adapters, fittings and equipment for properly servicing and/or recharging allextinguishers and preengineered systems cylinders being serviced and recharged.

A B C D

18. Safety cage or barrier for hydrostatic testing of low pressure cylinders. A B C D 19. Scales with divisions of not more than 1/2 pound and minimum 150 pounds forweighing chemical recharging. Must be certified annually or tested for accuracy annually in accordance with the provisions of Chapter 531, F.S.

A B C D

20. Cable crimping tool (where required) for preengineered systems being installed andserviced in accordance with the manufacturer’s specifications.

D

21. Cocking lever (where required) for preengineered systems being installed andserviced in accordance with the manufacturer’s specifications.

D

22. Pipe vise, dies, reamer, etc., for preengineered systems being installed and serviced inaccordance with the manufacturer’s specifications.

D

23. Stock of supplies for extinguishers and/or preengineered systems being installed andserviced in accordance with the manufacturer’s specifications.

A B C D

24. Installation, maintenance and recharge manuals for extinguishers and preengineered systems being inspected, serviced and installed.

A B C D

25. Closed recovery system for reusing dry chemical in accordance with NFPA 10, asadopted in Rule Chapter 69A-3, F.A.C.

A B C D

26. NFPA 10 and NFPA 96, as adopted in Rule Chapter 69A-3, F.A.C., Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed GasCylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High PressureAluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure AluminumCompressed Gas Cylinders, Second Edition, and the portions of 49 Code of FederalRegulations, Parts 100-177 which are referenced in Compressed Gas Association CGAC-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, CompressedGas Association CGA C-6-1993, Standards for Visual Inspection of Steel CompressedGas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed GasCylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders,Second Edition, as adopted in Rule Chapter 69A-3, F.A.C., and the portions of 29 Code of Federal Regulations 1900-1910 which are referenced in Compressed Gas AssociationCGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders,Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel

A B C

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Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High PressureAluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, all as adopted in Rule Chapter 69A-3, F.A.C. 27. NFPA 12, 12A, 34, 17, 17A, 96, 2001, CGA C-1, C-6, C-6.1, C-6.3, and the portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed GasCylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High PressureAluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure AluminumCompressed Gas Cylinders, Second Edition, and which pertain to low pressure and highpressure cylinders, and the portions of 29 Code of Federal Regulations 1900-1910 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition,Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed GasAssociation CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification ofLow Pressure Aluminum Compressed Gas Cylinders, Second Edition, all as adopted inRule Chapter 69A-3, F.A.C.

D

28. Closed recovery system for removal and recharge of halon as required in NFPA 10,as adopted in Rule Chapter 69A-3, F.A.C., or an exemption from the State Fire Marshal,as provided in Section 633.061(3), F.S.

29. Printed invoices completed in compliance with Rule 69A-21.251, F.A.C. A B C D 30. System inspection reports. D

(13) Any change of corporate officers must be reported in writing to the Regulatory Licensing Section within 14 days. This change does not require a revised application.

(14) All requirements set forth in this rule, except the dealer training and examination requirements, shall be met by any corporation, firm, association, state agency, or its subdivision, if the license requested is for work to be performed by that corporation, firm, association, state agency or its subdivision upon its own properties and for its own use, pursuant to the provisions of Section 633.061, F.S.

(15) Revised license and permit. (a) The change of a firm’s name or location requires revised license(s) and permit(s). (b) License and permit applications to reflect change of residence, principal business location, or name

shall be submitted to the division with fees pursuant to Sections 633.061(1)(e) and (2)(e), F.S., within 30 days after a change.

(c) Applications for a name change shall be accompanied by evidence of registration as a Florida Corporation or evidence of compliance with the Fictitious Name Statute, as prescribed in Section 865.09, F.S., and a new insurance certification form showing the new name.

(d) A change in location shall require a facility inspection before the license can be issued. (e) Upon satisfactory completion of these application requirements revised license(s) and permit(s)

shall be issued. (f) No licensee shall conduct his or his licensed business under a name other than the name which

appears on his or her license.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.102.

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69A-21.103 Permit. (1) The applicant shall submit an application on a form furnished by the Regulatory Licensing Section

which shall conform with Section 633.061, F.S., Form DI4-31, “Application for Fire Equipment Permit,” revised and dated 11/99, which is incorporated herein by reference, which is available from the Bureau of Fire Prevention, Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342, identifying the class permit requested.

(2) The application shall be accompanied by a fee as prescribed in Section 633.061(2), F.S., for the class permit requested.

(3) The application shall be accompanied by two current full-face color passport size photographs, along with a photocopy of the applicant’s drivers license or identification card issued by the Florida Department of Highway Safety and Motor Vehicles. Each photograph shall have the name of the applicant printed legibly on the back of the photographs.

(4) A non-refundable fee as prescribed in Section 633.061(3)(d)1., F.S., shall accompany each application requiring an examination.

(5) The applicant shall successfully complete a prescribed certification training course offered by the Florida State Fire College or an equivalent course approved by the Bureau of Fire Standards and Training.

(6) Upon successful completion of the prescribed certification training course, the applicant will be administered an examination testing his or her competency and knowledge of the tasks to be performed pursuant to the class permit requested.

(7) Upon successful completion of the application and examination, a permit and photo identification card will be issued.

(8) Permittees must have a valid and subsisting permit upon their persons at all times while engaging in the servicing, recharging, repairing, testing, inspecting, or installing of fire extinguishers and pre-engineered systems. The permit must be produced upon demand. A permittee may perform only those services authorized under the licensee employing such permittee.

(9) A permit shall be valid solely for use by the holder thereof in his or her employment by the licensee under whose license the permit was issued. A permittee changing his or her place of employment shall obtain a new permit under the license of the licenseholder at the new place of employment. The licensee shall notify the Regulatory Licensing Section, in writing, of an individual leaving his or her employment within fifteen days of the termination. The Regulatory Licensing Section will then change the records to reflect the status of the permit. A permit and photo identification card of an individual leaving the employment of a licensee becomes void and inoperative on the date of termination, pursuant to Section 633.061(3)(b), F.S.

(10) Any fire equipment permittee employed by a licensed dealer holding a Halon Exemption must file an affidavit as required by Section 633.061(1)(e), F.S., on form DI4-1483 (REV: 10/01), “Fire Equipment Permit Halon Exemption Affidavit” as adopted and incorporated herein by reference furnished by the Regulatory Licensing Section.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.103.

69A-21.104 Prescribed Certification Training Course for Portable Fire Extinguisher Licenses

and Permits. (1) The prescribed certification training course shall be taken at the Florida State Fire College in Ocala

or at another facility approved as provided in subsection (3). (2) The procedures regarding the certification course at the Florida State Fire College or at another

approved facility are as follows: (a) All applicants for licenses and permits shall apply to the Regulatory Licensing Section, Bureau of

Fire Prevention in Tallahassee. (b) Both the application fee and the exam fee shall be submitted to the Regulatory Licensing Section. (c) Once an application is complete and acceptable, the Regulatory Licensing Section will issue a letter

to the applicant authorizing attendance to the prescribed certification training course. A list of approved training centers and required study material will be included.

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(d) No person will be registered to attend a certification course without first having received a letter of authorization from the Regulatory Licensing Section. No person shall be registered to attend the certification course for purposes of obtaining continuing education hours.

(e) The charge for the course is $150.00. This fee must be paid directly to the Florida State Fire College 15 calendar days prior to the date of the scheduled course. An authorized applicant attending a certification course at another approved training facility shall pay the fees set by the approved facility.

(f) The Florida State Fire College will stock all the required study materials. Copies of the required Florida Statutes and of the required State Fire Marshal’s Rules will be free. All other material will be available at cost. If the required study material is purchased directly from the Florida State Fire College, then the Florida State Fire College must be paid directly. The application packet will contain a list of study material.

(g) The course will take one week: Monday through Friday, 8:00 a.m. to 5:00 p.m. (h) Applicants will be tested daily on course materials. Each applicant must receive an average score of

70% on daily examinations to be qualified to sit for the certification examination. (i) At the conclusion of the 40 hour certification course of instruction at the Florida State Fire College,

those applicants who have successfully completed the course, receiving an average score of 70% on the daily examinations, will be given the State Certification Examination for the license or permit for which she or he has applied. Those individuals taking the certification course at an approved training facility will be scheduled for testing at regional testing sites on regularly scheduled testing dates by the Regulatory Licensing Section after the individual has met and complied with the requirements set forth in Section 633.061, F.S.

(j) A passing score for the state certification exam is 70%. The Regulatory Licensing Section will then notify each applicant of examination scores by mail within five working days from the date of receipt in the Regulatory Licensing Section. No results will be given by telephone, facsimile transmission, or electronic mail (e-mail).

(k) Anyone failing to successfully complete a certification course shall be rescheduled at no fewer than 30 day intervals.

(l) Anyone failing the exam will be permitted to take the exam at no fewer than thirty (30) day intervals.

(m) Anyone wishing to upgrade a license or permit must meet the requirements of Section 633.061, F.S.

(3) The 40 hour certification training course may be offered at a community college, a vocational technical center, or at any of the training centers certified by the Bureau of Fire Standards and Training. The certification course must be equivalent to that offered by the Florida State Fire College (Course Number FSFC-708).

(a) The certification course must be approved in advance by the Chief of the Bureau of Fire Standards and Training or his designee. A copy of the course outline, lesson plan or plans, instructor or instructors, and proposed facility with appropriate props for performing extinguisher training evolutions must be submitted.

(b) Each instructor for the course must be certified at a minimum of Fire Instructor I by the Bureau of Fire Standards and Training or must qualify for a Single Course Exemption as specified in Rule Chapter 69A-39, F.A.C.

(c) At the conclusion of any course of instruction the community college, vocational technical center, or other approved training center must provide to the Regulatory Licensing Section a roster of students, daily examination results, and cumulative scores on the approved course.

Specific Authority 633.01 FS. Law Implemented 633.061, 633.46 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.104.

69A-21.106 Transferring a License.

A fire equipment dealer license is not transferable to another person or business organization. Any individual who wishes to change company affiliation must comply with Section 633.061, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01,

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Formerly 4A-21.106.

69A-21.107 Transferring a Permit.

A fire equipment permit is not transferable to another person or business organization. Any individual who wishes to change company affiliation must comply with Section 633.061, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.107.

69A-21.113 Required Continuing Education. (1) Licenseholders and permitholders shall complete a continuing education course or combination of

courses in compliance with Section 633.061, F.S., for each permit held. (2) The continuing education course or combination of courses shall be related to the scope of each

license and each permit held. All licensed fire equipment dealers are required to complete at least one hour of a workplace safety class, one hour of a business practices class, and one hour of a workers’ compensation class as part of the required continuing education for license renewal each four year period.

(3) The course or combination of courses shall be conducted by persons approved by the Regulatory Licensing Section. Approval of such persons shall be based on the person’s training, experience, and expertise in the subject of the course. The instructor must be qualified, by education or experience, to teach the course, or parts of a course to which the instructor is assigned. Any person with a four year college or graduate degree is qualified to teach any course in their field of study. Any equipment manufacturer or state certified fire equipment dealer with at least five years’ experience may teach any technical course within the scope of the dealer’s license; however, no dealer whose license is suspended or revoked as a result of administrative action shall teach any course or serve as a continuing education course instructor. The Regulatory Licensing Section is not permitted to reject a course based upon the proposed instructor, but is permitted to approve a course contingent on certification that all instructors meet those minimum requirements before conducting the course and before advertising that the course is approved for continuing education credit.

(4) The course or combination of courses shall be approved in advance by the Regulatory Licensing Section. The number of contact hours assigned to any course shall be determined by the Regulatory Licensing Section based on course content and length.

(5) Requests for approval of a course shall be submitted on Form DI4-394, Revised 03/00 “Request for Approval of Fire Equipment Continuing Education Course Work” as adopted and incorporated herein by reference. Forms are available from and submission shall be sent to: Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, and the name and qualifications of all instructors. The Regulatory Licensing Section shall approve each continuing education course which appropriately relates to the technical skills required of fire equipment licensees and permittees and contain sufficient educational content to improve the quality of the licensee’s or permittee’s performance and are taught by qualified instructors. Continuing education coursework approval is valid for two years from the date of issue, provided no substantial change is made in the approved course. The number of classroom hours must be devoted to course content and does not include registration periods, meals and keynote speakers or any similar nonsubstantive time periods.

(6) The Regulatory Licensing Section shall approve continuing education courses in compliance with the time limitations specified for licensing in Chapter 120, F.S. Such approval shall be based upon the submission of coursework which relates to the technical fire protection skills of fire equipment dealers and permittees which contain educational content to improve the quality of work being performed.

(7) Each approved course will be assigned a course number and the course will be identified by course title as submitted and the number of continuing education hours awarded. The course provider shall use the course number in the course syllabus, in all other course materials used in connection with the course, and in all written advertising materials used in connection with the course. A listing of approved courses will be available from the Regulatory License Section, the course list will include the course number, the course

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title, the course submitter, and the type course (portable or preengineered systems). (8) Within 30 days of the conclusion of each approved course, the organization or person offering the

course shall inform the Regulatory Licensing Section that the course was completed and shall supply the Regulatory Licensing Section with a sign in sheet or roster. The sign-in sheet or roster shall identify:

(a) The course name; (b) The course number; (c) The course provider; (d) The date the course was offered; (e) The duration of the course; (f) The licensee’s or permittee’s name; (g) The license or permit number; and (h) The licensee’s or permittee’s signature.

For interactive distance learning courses, in lieu of the original sign-in sheet required above, the course provider shall maintain and provide a records of the registration log-in, course access log, and course completion, which shall contain the information required above. In lieu of providing a document bearing the licensee’s or permittee’s signature, the course provider shall provide the licensee’s or permittee’s identity verification data which shall include the licensee’s or permittee’s password and the licensee’s or permittee’s mother’s maiden name.

(9) Each person who completes an approved course shall be issued a certificate of completion by the course provider. The certificate of completion shall contain the name of the person who completed the course, the course provider’s name, the course name as approved by the Regulatory Licensing Section, the course number, the date the course was taken, and the number of continuing education hours awarded for the course as approved for the course by the Regulatory Licensing Section. The course provider shall maintain a list of the names and license or permit numbers of each person who completes each course conducted by the course provider for four years from the date of the course.

(10) Each licenseholder or permitholder is responsible for attending the appropriate course or courses and for maintaining proof of completion of the course or courses. The Bureau will not accept any proof of completion except that submitted in accordance with subsection (11), below.

(11) The licenseholder or permitholder shall submit proof of completion of the required course or courses to the Regulatory Licensing Section on Form DI4-393, “Fire Equipment Continuing Education Coursework,” revised and dated 03/00, as adopted and incorporated herein by reference. Form DI4-393 may be obtained by writing Bureau of Fire Prevention, Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342. Each licenseholder or permitholder will be notified by the Regulatory Licensing Section, in writing, if the continuing education course work submitted does not satisfy the continuing education requirement in Section 633.061(3)(a), F.S. No notification will be given over the telephone.

(12) Any licenseholder or permitholder who does not complete the continuing education requirements of Section 633.061, F.S., shall not have his or her license or permit renewed. If the license or permit is not renewed, the former licenseholder or permitholder shall perform no work for which a license or permit is required. A former licenseholder or permitholder wishing to become licensed again shall meet the requirements of Section 633.061, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.113.

69A-21.114 Insurance Requirements. (1) The Fire Equipment Dealer A, B, C and D licensed pursuant to Section 633.061, F.S., shall provide

evidence of current and subsisting insurance coverage meeting the requirements of Section 633.061, F.S., to the Regulatory Licensing Section on a Form DI4-28, “Insurance Certificate Fire Equipment Dealer”, revised and dated 10/99, as adopted and incorporated herein by reference. This form is available from the Regulatory Licensing Section, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(2) The licensed Fire Equipment Dealer A, B, C and D shall be responsible to ensure current and

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subsisting insurance coverage meeting the requirements of Section 633.061, F.S., is on file with the State Fire Marshal.

(3) Failure to provide evidence of current and subsisting insurance coverage within 30 days of the expiration date of the policy or within 30 days of a notice to provide evidence of coverage shall result in administrative proceedings pursuant to Section 633.162, F.S.

Specific Authority 633.01 FS. Law Implemented 633.061 FS. History–New 10-20-93, Amended 11-21-01, Formerly 4A-21.114.

69A-21.115 “Appropriate Training” for Servicing Fire Extinguishers and Preengineered Systems

Defined; Limitations; Restrictions. “Appropriate training” as used in subsection (1) of Section 633.061, F.S., for the purpose of servicing fire extinguishers and preengineered systems means:

(1) Any training specific to the servicing of the fire extinguisher or preengineered system provided by the manufacturer of the fire extinguisher or preengineered system; or

(2) Any training which provides proficiency in the servicing of a fire extinguisher and a preengineered system in accordance with the manufacturer’s maintenance procedures and specifications and with the applicable National Fire Protection Association standards, as required by Section 633.065(2), F.S.; provided that the training of any person for servicing of fire extinguishers and preengineered systems, and any servicing of such equipment and systems, must comply fully with paragraphs (b), (c), and (d) of subsection (1) of Section 633.065, F.S., and the applicable requirements of Rule Chapter 69A-21, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.061, 633.065 FS. History–New 3-7-04.

69A-21.201 Scope.

The provisions of Part II of this chapter shall apply to licensed fire equipment dealers when installing, maintaining, recharging or otherwise servicing portable extinguishing equipment, and other portable devices for fire extinguishment, excluding pre-engineered fire protection systems, which are addressed in Part III.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.071, 633.081 FS. History–New 10-18-67, Formerly 4A-21.01, 4A-21.001, Amended 2-7-89, 10-20-93, Formerly 4A-21.201.

69A-21.203 Standards of National Fire Protection Association Adopted.

Licensed fire equipment dealers are required to install, inspect, maintain, or recharge portable fire extinguishers in accordance with NFPA 10, Standard for Portable Fire Extinguishers, the edition as adopted in Rule Chapter 69A-3, F.A.C. The provisions of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C., are mandatory. Copies of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C., may be obtained from: National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065, 633.071, 633.081, 633.083 FS. History–New 2-7-89, Amended 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.203.

69A-21.237 Inspection, Maintenance and Hydrostatic Tests; Recharge, Repair, Replacement. (1) Annual maintenance shall be in accordance with the provisions of NFPA 10, as adopted in Rule

69A-21.203, F.A.C., and the manufacturers maintenance manuals. The extinguishers listed in the Exception in section 4-4.2 shall be weighed by accurate scales which have been tested within the preceding twelve months to determine weight accuracy. All dry chemical stored pressure extinguishers shall be inverted to assure free movement of the extinguishing agent.

(2) Six Year Maintenance for Certain Stored Pressure Extinguishers. (a) For purposes of this Rule, the six year maintenance interval shall begin from the date of

manufacture of an extinguisher and, once maintenance has begun, from the date of recharging and/or

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internal maintenance of an extinguisher. Complete six year maintenance procedures shall be performed when any extinguisher subject to this Rule is opened for any purpose.

(b) Record Tag. Each six year maintenance shall be recorded on a record tag consisting of a decal which shall be affixed (by a heatless process) on the exterior of the extinguisher shell. The decal shall either be metallized or of an equally durable material which remains adhered to the extinguisher for the required period, which does not corrode, and which does not fade, wash away, or otherwise become illegible. The label shall be self-destructive when removal from an extinguisher shell is attempted. The record tag shall contain the following information: Year and month that the six year maintenance was performed and the name of the agency performing the maintenance.

(3) All tags, labels and decals required by the State Fire Marshal which are out of date shall be removed before a current tag or label is placed on the extinguisher.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Amended 8-15-85, Formerly 4A-21.37, 4A-21.037, Amended 2-7-89, 10-20-93, Formerly 4A-21.237.

69A-21.238 Inspection, Maintenance and Hydrostatic Tests; Replacement While Recharging.

No licenseholder shall remove or permit any of his or her employees to remove any in-service fire extinguisher from its designed location for maintenance purposes without first meeting the requirements of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Formerly 4A-21.38, 4A-21.038, Amended 2-7-89, 11-21-01, Formerly 4A-21.238.

69A-21.240 Standard Service Tags, Requirements.

Each portable extinguisher which has been subjected to any type of service shall have an approved standard record tag securely attached thereto, before being placed into service. Standard service tags shall not be attached to fire extinguishers which do not comply with this rule or the standards adopted herein, until the violation is corrected in accordance with Section 633.071, F.S. The standard service tag on a fire extinguisher shall indicate that the person, whose name and permit number appear on the tag, has serviced the fire extinguisher in compliance with these rules and the standards adopted herein. Only the person performing the service shall prepare and affix the appropriate service tag as provided by this rule chapter.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Formerly 4A-21.40, 4A-21.040, Amended 8-15-85, 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.240.

69A-21.241 Standard Service Tags, Specifications. (1) Service Tags, Annual Maintenance. (a) Approved standard service tags shall meet the following specifications and shall be arranged as

indicated in Figure “A.” In lieu of using the standard “tie-on” type service tag, a pressure sensitive label or decal meeting the same specifications as indicated in Figure “A” may be used. Tags, pressure sensitive labels or decals may be printed or otherwise established for any number of years not in excess of five years.

SEE FLORIDA ADMINISTRATIVE CODE FOR “FIGURE A”

(b) Approved standard service tags, pressure sensitive labels or decals shall bear the following information:

1. “Do Not Remove.” 2. Serial Number of Extinguisher. 3. Name of person who performed the service on the extinguisher. Initials are not acceptable. 4. Permit number of the person who serviced the extinguisher. 5. Indicate the type of service performed. 6. Indicate the type of extinguisher involved. 7. Indicate the month and the year that the service was performed by means of perforation so that only

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the specific month is indicated. (c) For standard service tags, pressure sensitive labels or decals, the printing may be any color. (d) The size of the standard service tags, pressure sensitive labels or decals shall be a minimum size of

no less than 2 1/2'' and no greater than 3'' by no less than 5 1/4'' and no greater than 5 3/4''. (e) A new tag, pressure sensitive label or decal shall be attached to the portable fire extinguisher each

time a service is performed. (f) The name, street address and telephone number of the company or organization performing said

service must be printed on the front center section of the service tag, pressure sensitive label or decal. (g) The remainder of the space available on the tag shall contain no erroneous, false, or misleading

statements. (2) 6-year Maintenance, Record Tags. A verification of service collar meeting the requirements of

Section 4-4.4.2, of NFPA 10, the edition as adopted in Rule Chapter 69A-3, F.A.C., shall be provided each time an extinguisher is opened for any type of service or for any purpose. A new verification service collar shall be provided for an extinguisher each time an extinguisher is opened for any type of internal service or for any other purpose. No advertisement or any other information shall be included on the verification service collar.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 10-18-67, Amended 12-30-70, 8-15-85, Formerly 4A-21.41, 4A-21.041, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.241.

69A-21.242 Hydrostatic Tests.

Hydrostatic tests shall be conducted in accordance with the procedures in NFPA 10, as adopted in Rule Chapter 69A-3, F.A.C., and the portions of 49 Code of Federal Regulations, Parts 100-177 which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders, all as adopted in Rule Chapter 69A-3, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 10-18-67, Amended 8-15-85, Formerly 4A-21.42, 4A-21.042, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.242.

69A-21.245 Hydrostatic Tests; Record Tag.

The hydrostatic test record tag shall comply with the requirements of NFPA 10 as adopted in Rule Chapter 69A-3, F.A.C., and the portions of 49 Code of Federal Regulations, Parts 100-177, which are referenced in Compressed Gas Association CGA C-1-1996, Methods for Hydrostatic Testing of Compressed Gas Cylinders, Compressed Gas Association CGA C-6-1993, Standards for Visual Inspection of Steel Compressed Gas Cylinders, Seventh Edition, Reaffirmed 1995, Compressed Gas Association CGA C-6.1-1995, Standards for Visual Inspection of High Pressure Aluminum Compressed Gas Cylinders, and Compressed Gas Association CGA C-6.3-1999 Guidelines for Visual Inspection and Requalification of Low Pressure Aluminum Compressed Gas Cylinders, Second Edition, and which pertain to low pressure and high pressure cylinders, and, all as adopted in Rule Chapter 69A-3, F.A.C. It shall remain adhered to the extinguisher for the required period of time. It shall not corrode. It shall remain legible for the duration of the performed hydrotest interval.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 10-18-67, Formerly 4A-21.45, 4A-21.045, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.245.

69A-21.249 Leak Tests; Tamper Indicators or Seals to Be Replaced.

The leak test shall be performed by following the manufacturer’s recommendations. Any tamper indicators or seals shall be replaced each year and after each recharge of a portable fire extinguisher. Tamper indicator

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pull pressure or break pressure shall not exceed 15 pounds.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.071, 633.081 FS. History–New 10-18-67, Formerly 4A-21.49, 4A-21.049, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.249.

69A-21.251 Invoices.

Invoices shall include the business name, physical business address and license number of the fire equipment dealer. The license number on the invoice shall coincide with the permit number on the tags which are attached to the extinguishers being invoiced for service. Invoices for servicing fire extinguishers shall include serial numbers of each extinguisher and identify, per serial number, the services performed and any parts replaced for each extinguisher. This information is permitted to be on a separate sheet attached to the invoice.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.065, 633.071 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.251.

69A-21.301 Scope.

The provisions of Part III of this chapter shall apply to licensed fire equipment dealers when installing, maintaining, recharging, or otherwise servicing pre-engineered systems.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.081 FS. History–New 10-18-67, Formerly 4A-21.56, 4A-21.056, Amended 2-7-89, 10-20-93, Formerly 4A-21.301.

69A-21.302 Standards of National Fire Protection Association to Be Complied With.

The following standards of the National Fire Protection Association as adopted in Rule Chapter 69A-3, F.A.C., are applicable to Part III of this rule chapter and shall be complied with and are hereby adopted and incorporated by reference:

(1) NFPA 12, Standard on Carbon Dioxide Extinguishing Systems. (2) NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems. (3) NFPA 17, Standard for Dry Chemical Extinguishing Systems. (4) NFPA 17A, Standard for Wet Chemical Extinguishing Systems. (5) NFPA 96 – 1998 edition, Standard for Ventilation Control and Fire Protection of Commercial

Cooking Operations, as adopted in Rule Chapter 69A-3, F.A.C. (6) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems. (7) NFPA 34 – Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.061, 633.081 FS. History–New 10-18-67, Amended 8-15-85, Formerly 4A-21.57, 4A-21.057, Amended 2-7-89, 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-21.302.

69A-21.303 Standard Service Tag. (1) A standard service tag shall be affixed to pre-engineered fire protection systems when the system is

found to be in compliance with Chapter 633, F.S., this rule and the standards adopted pursuant to Rule Chapter 69A-3, F.A.C. The standard service tag on a pre-engineered fire protection system shall indicate that the person, whose name and permit number appear on the tag, has serviced the system in compliance with this rule and the standards adopted herein.

(2) The standard service tag shall comply with the specifications embodied in subsection 69A-21.241(1), F.A.C.

(3) The standard service tag shall be completed and affixed to pre-engineered fire protection systems as described in Rule 69A-21.240 and subsection 69A-21.241(1), F.A.C.

(4) The verification service collar requirements of subsection 69A-21.241(2), F.A.C., shall be applicable to pre-engineered fire protection systems.

(5) The six year maintenance record tag requirements of paragraph 69A-21.237(2)(b), F.A.C., shall be

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applicable to pre-engineered fire protection systems. (6) The hydrostatic test record tag requirements of Rule 69A-21.245, F.A.C., shall be applicable to pre-

engineered fire protection systems.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 8-15-85, Formerly 4A-21.58, 4A-21.058, Amended 2-7-89, 10-20-93, 11-21-01, Formerly 4A-21.303.

69A-21.304 Installation; Service. (1) All pre-engineered systems are to be inspected in accordance with the standards adopted in Rule

69A-21.302, F.A.C. (2) Whenever a pre-engineered system is installed, inspected, repaired, maintained or otherwise

serviced, the permittee shall complete an inspection report containing, at a minimum, the information in paragraphs (a) through (o), in this subsection. One copy shall be signed by and delivered to the owner, or the representative of the owner of the facility in which the system was installed. The other copy shall be retained in the fire equipment dealer’s files for a period of not less than three years after the last inspection.

(a) Location of system; business name of facility, street address, city, state, zip code, phone number, and name of the owner or manager;

(b) Whether the report is for an annual inspection; semi-annual inspection; a recharge; a new installation; or a renovation;

(c) Where the system is located in the facility; (d) Type of system; name of manufacturer; model number; size of bottles; (e) Method, style and degree of actuation; (f) Reference to drawing number or page number, and date of the manufacturer’s manual; (g) Date of last hydrostatic test; (h) Date of last recharge; (i) Serial number; (j) Whether fuel shut off is gas or electric and the size; (k) A drawing of a new installation; a first inspection; or whenever changes are made. The drawing

shall include the following as a minimum: 1. Sizes of the hood, plenum, and ducts. 2. Sizes, types and locations of cooking appliances. 3. Positions of all nozzles, identification of nozzles, their distances from the hazards that they protect. 4. Positions of all detectors. 5. Diagram of the entire piping installation. (l) Responses to the following questions: 1. Were the inspection and maintenance performed in accordance with the presently adopted editions

of NFPA (indicate standard(s) used? (“No” answers require an explanation) 2. Was the system tagged in accordance with Rule 69A-21.303, F.A.C.? (“No” answers require an

explanation) 3. Were the inspection and maintenance performed in accordance with the manufacturer’s manual and

the manufacturer’s specifications? (“No” answers require an explanation); (m) A comments section to allow for explanations if necessary; (n) A statement that the permittee certifies that he personally inspected the system and found the

conditions to be as indicated on the report; (o) The permittee’s name, signature and permit number; the date and time of inspection; and the

customer’s signature.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.071, 633.081 FS. History–New 2-7-89, Amended 10-20-93, 11-21-01, Formerly 4A-21.304.

69A-21.401 Purpose.

The purpose of Part IV of this chapter is to establish procedures by which laboratories engaged in testing and listing portable fire extinguishers or pre-engineered systems may be considered a “nationally

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recognized testing laboratory” for purposes of Sections 633.065(1)(b), 633.071(2) and 633.083(2), F.S. Underwriters’ Laboratories, Inc. and Factory Mutual Laboratories, Inc. are already nationally recognized by the Legislature by virtue of their being named in the above-referenced statutory sections.

Specific Authority 633.01 FS. Law Implemented 633.065(1)(b), 633.071(2), 633.083(2) FS. History–New 2-7-89, Amended 10-20-93, Formerly 4A-21.401.

69A-21.402 Criteria for Recognition by the State Fire Marshal as a “Nationally Recognized

Testing Laboratory” for Portable Fire Extinguishers or Pre-engineered Systems. (1) The applicant testing laboratory shall comply in general with the definitions and requirements

contained in subsection 69A-3.009(9), F.A.C., and 29 CFR 1910.7, dated July 1, 1992, which is hereby adopted and incorporated by reference.

(2) The applicant laboratory shall maintain a follow-up inspection program to confirm that the manufacturer is providing the controls, inspections, and tests necessary to assure that all current manufactured extinguishers will meet the laboratory’s testing standards. This follow-up inspection shall occur no less than once each six months for the first two years and once each year thereafter.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065(1)(b), 633.071(2), 633.083(2) FS. History–New 2-7-89, Amended 10-20-93, Formerly 4A-21.402.

69A-21.403 Application Procedure. (1) The application by a testing laboratory for recognition by the State Fire Marshal as a “nationally

recognized testing laboratory” shall not be on any particular form but shall include all of the information and material requested in subsection (2), below.

(2)(a) The address and telephone number of the main facility and all branch offices; (b) A current organizational chart showing the relationship between administration, operation, and

quality control; (c) Resumes of the education and experience of key personnel; (d) A floor plan of the main facility and all branch offices indicating location of the equipment used for

testing portable fire extinguishers or pre-engineered systems; (e) A list of all equipment used to test portable fire extinguishers or pre-engineered systems, identified

by manufacturer, model number and serial number; detailed plans and specifications shall be submitted on any testing equipment fabricated by the applicant;

(f) Procedures for selecting, receiving, storage, handling, and shipping of test specimens; (g) Test standards and procedures most frequently used; (h) Method and frequency of test equipment calibration; (i) Procedure for safekeeping of records and files; (j) Copies of all data sheets and test report forms; (k) Facsimiles of all contracts executed between the testing laboratory and portable extinguisher or pre-

engineered system clients; (l) Procedure for periodic updating of the report; (m) Method of distributing test reports and certifications, including an indication of who may obtain

copies of the final reports and how the reports may be obtained; (n) A copy of the laboratory’s partnership agreement, if a partnership, or of the articles of

incorporation, if a corporation, and a copy of any by-laws; (o) A list of all the portable fire extinguishers or pre-engineered systems presently listed by the testing

laboratory showing the manufacturer and the model number; (p) Copies of the test reports on all listed portable extinguishers or pre-engineered systems which must

be in sufficient detail to provide for complete verification and evaluation of the operations and objectives, and must include the signature of personnel performing the test and must also include the name of the supervisory engineer;

(q) Whether the applicant testing laboratory has been recognized as a “nationally recognized testing laboratory” by any other state or by an organized, voluntary recognition organization such as the National

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Voluntary Laboratory Association Program and whether recognition by any other state or organization has been denied;

(r) How long the applicant testing laboratory has tested portable extinguishers or pre-engineered systems;

(s) A notarized statement of independence which shall state that, with reference to the laboratory’s testing of portable extinguishers or pre-engineered systems:

1. There are no managerial affiliations with any producer, supplier, or vendor; 2. There are no securities investments in any portable extinguisher or pre-engineered systems product

line; 3. The employment security of personnel is free from influence by any producer, supplier or vendor of

portable extinguishers or pre-engineered systems; 4. There are no stock options in any portable extinguisher or pre-engineered systems product line; 5. The laboratory is not owned, operated, or controlled by any producer, supplier, or vendor of portable

extinguishers or pre-engineered systems. (3) Upon receipt of a complete application, the State Fire Marshal shall either accept or deny the

application. If the application is accepted, the State Fire Marshal shall notify the laboratory and enter the laboratory on its list of acceptable testing laboratories. If the application is denied, the State Fire Marshal shall notify the applicant in writing, stating the reasons for denial and informing the applicant of its rights under Chapter 120, F.S.

(4)(a) Testing laboratories recognized as “nationally recognized” may be subject to random, unannounced inspections to verify the adequacy of their facilities.

(b) Testing laboratories accepted as “nationally recognized” are required to notify the State Fire Marshal within 30 days of any of the following:

1. Change in the company name or the company address; 2. Changes in any major test equipment; 3. Establishment of a new branch office or facility at which portable fire extinguishers or pre-

engineered systems are to be tested; 4. Changes in principal officers, key supervisory personnel, or key testing personnel in the company.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065(1)(b), 633.071(2), 633.083(2) FS. History–New 2-7-89, Amended 10-20-93, Formerly 4A-21.403.

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69A-36

UNIFORM FIRE SAFETY STANDARDS FOR NONRESIDENTIAL CHILD CARE

FACILITIES

69A-36.100 Purpose of Rules.

The purpose of this rule chapter is to specify, as required by the Florida Statutes, uniform fire safety standards for both new and existing Nonresidential Child Care Facilities designed to care for infants and children, ages 0 through 17 years, for a period of less than 24 hours per day. “Nonresidential Child Care Facilities” means and includes Day Care Homes, Large Family Day Care Homes, and Day Care Centers, as used in Chapter 402, F.S.

Specific Authority 633.01, 633.022 FS. Law Implemented 402.305, 633.01(1), 633.022(1)(b) FS. History–New 3-23-88, Amended 7-11-01, Formerly 4A-36.100.

69A-36.101 Application of Rules.

This rule chapter shall apply to both new and existing buildings used as Nonresidential Child Care Facilities.

Specific Authority 633.01, 633.022 FS. Law Implemented 402.305, 633.01(1), 633.022(1)(b) FS. History–New 3-23-88, Amended 10-10-91, 7-11-01, Formerly 4A-36.101.

69A-36.102 Staffing Ratios.

Ratios of staff personnel to children for both new and existing facilities shall be those ratios established by the Florida Department of Children and Family Services as required by Section 402.305(4), F.S., and as adopted pursuant thereto by the rules of the Florida Department of Children and Family Services in subsection 65C-22.001(4), F.A.C.

Specific Authority 633.01, 633.022 FS. Law Implemented 402.305, 633.01(1), 633.022(1)(b) FS. History–New 3-23-88, Amended 6-15-98, 7-11-01, Formerly 4A-36.102.

69A-36.103 Occupancy Load.

For both new and existing facilities the occupant load for which means of egress shall be provided for any floor shall be those established in Section 402.305(6), F.S. The occupancy load referenced in NFPA 101 does not apply.

Specific Authority 633.01, 633.022 FS. Law Implemented 402.305, 633.01(1), 633.022(1)(b) FS. History–New 3-23-88, Amended 10-10-91, 7-11-01, Formerly 4A-36.103.

69A-36.105 Standards of the National Fire Protection Association Adopted. (1) The standards of the National Fire Protection Association for life safety from fire, as provided in

NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C., and incorporated herein by reference shall be the Uniform Fire Safety Standards for Nonresidential Child Care Facilities, except as modified herein.

(a) New child care facilities caring for not more than 12 children, inclusively, shall meet the requirements of Sections 16.1, (excluding 16.1.6, which shall not apply), 16.4, 16.5, 16.6, and 16.7 of

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NFPA 101. (b) New child care facilities caring for more than 12 children shall meet the requirements of Sections

16-1 through 16-5 and 16-7 of NFPA 101. (c) Existing child care facilities caring for 6 to 12 children, inclusively, shall meet the requirements

Sections 17-1 (excluding 17-1.6), 17-4, 17-5, 17-6, and 17-7 of NFPA 101. (d) Existing child care facilities caring for more than 12 children shall meet the requirements of 17-1

through 17-5 and 17-7 of NFPA 101. (2) Portable fire extinguishers. The selection, placement, distribution, maintenance and servicing of

portable fire extinguishers shall comply with NFPA 10 as adopted by Chapter 69A-3, F.A.C., and with the provisions of Chapter 69A-21, F.A.C., except that the minimum rating of any extinguisher installed in a child care facility shall not be less than 2A-10B:C.

Specific Authority 633.01(1), 633.022 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-10-91, Amended 3-1-92, 7-11-01, Formerly 4A-36.105.

69A-36.106 Emergency Forces Notification. (1) New Child Day Care Facilities shall be arranged to transmit the alarm automatically via any of the

following means acceptable to the authority having jurisdiction and shall be in accordance with NFPA 72, National Fire Alarm Code, the edition as adopted in Rule 69A-3.012, F.A.C.

(a) An auxiliary alarm system. (b) A central station connection. (c) A proprietary system. (d) A remote station connection.

Where the facility is not served by a fire department, notification of appropriate emergency forces shall be transmitted by the most expedient means available immediately following emergency evacuation of the facility.

(2) Existing child day care facilities may use the notification system now in place providing it conforms to one of the following requirements:

(a) Direct Alarm transmission to the fire department; or (b) Notification by remote or central station systems; or (c) Where staff beyond the requirements of the Department of Children and Family Services is present

at all times during which the facility is in operation, notification may be achieved by telephone, provided the facility has at least one private one-party telephone line serving that facility only, thereby allowing for immediate, unimpeded notification of emergency forces. If this method of notification is selected, a staff member who is present at all times that the facility is in operation shall be appointed to be responsible for the immediate notification of emergency forces upon the activation or initiation of any detection or alarm device or system installed in the facility; or

(d) Where the facility is not served by a fire department, notification of appropriate emergency forces shall be transmitted by the most expedient means available immediately following emergency evacuation of the facility.

Specific Authority 633.01, 633.022 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-10-91, Amended 7-11-01, Formerly 4A-36.106.

69A-36.107 Standpipe Systems.

Standpipe systems shall be provided for all buildings over 50 feet in height, except buildings not over 6 stories high which are equipped with a complete automatic sprinkler system, in accordance with NFPA 13, as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 633.01, 633.022 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-10-91, Amended 7-11-01, Formerly 4A-36.107.

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69A-36.108 Family Day Care Homes and Group Day Care Homes. The subclassifications and definitions of “Day Care Homes” as set forth in Section 16.6.1.4.1 and 17.6.1.4.1 of NFPA 101 2000 Edition, to wit, “Family Day Care Homes” and “Group Day Care Homes,” shall not apply to any facility licensed as a family day care home pursuant to Section 402.305, F.S. Any facility licensed as a Family Day Care Home pursuant to Section 402.305, F.S., shall be classified as a “Family Day Care Home” and defined in accordance with the definition of “Family Day Care Home” located in Section 402.302(7), F.S.

Specific Authority 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-11-01, Formerly 4A-36.108.

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69A-37

FIREFIGHTERS STANDARDS AND TRAINING

69A-37.0335 Qualification of New Employee. (1) Any person applying for employment as a firefighter must meet all the requirements of Section

633.34, F.S. (2) Upon the employment of a firefighter, the employing agency shall forward to the Bureau of Fire

Standards and Training a completed Form DI4-1032 entitled “Notice of Employment as a Firefighter” which evidences that the new employee is certified as a firefighter and has met the requirements necessary to maintain the certification as specified in Section 633.35(2), F.S. This form shall be forwarded within 10 business days after the first day of employment. Form DI4-1032 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), F.A.C.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.35(2), 633.45(2)(i) FS. History–New 6-30-91, Amended 3-20-95, 12-10-01, Formerly 4A-37.0335.

69A-37.034 High School Education Requirement. (1) Pursuant to Section 633.35(2), F.S., the high school education requirement of Section 633.34(1),

F.S., must be met prior to receiving a certificate of compliance as a firefighter. (2) The Division of State Fire Marshal, Bureau of Fire Standards and Training shall consider a high

school diploma or transcript evidencing graduation from an accredited private or public school as proof of high school education.

(3) The Bureau of Fire Standards and Training shall consider successful completion of the General Educational Development (G.E.D.) test, including United States Armed Forces Institute (U.S.A.F.I.) tests, to be the equivalent of a high school diploma.

(4) In the absence of proof of successful high school completion or General Educational Development (G.E.D.) test, the Bureau of Fire Standards and Training will recognize an associate degree or transcript showing verification of successful completion of two years of college work from any state accredited institution as satisfying this requirement.

(5) High school completion certificates or certificates of attendance will not be recognized by the Bureau of Fire Standards and Training as meeting the requirements of a high school diploma under this rule.

(6) In addition to a high school diploma, or its equivalent, applicants shall supply proof of age to the Bureau of Fire Standards and Training in the form of a birth certificate, driver’s license or other official identification.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.34(1), 633.35(2) FS. History–New 9-7-81, Formerly 4A-37.02, 4A-37.34, Amended 11-26-85, 1-3-90, 3-20-95, Formerly 4A-37.034.

69A-37.036 Determination of Moral Character. (1) Applicants for a certificate of compliance as a firefighter shall submit a completed fingerprint card

with current processing fee. When Firefighter I and Firefighter II training are to occur contiguously this submission should occur at the beginning of the Firefighter I training. In any other situation the submission is required prior to entry into Firefighter II training. Determination of good moral character is required prior to certification as a firefighter pursuant to Sections 633.34(4) and 633.35(2), F.S.

(2) The Bureau of Fire Standards and Training shall consider the results of the fingerprint procedure

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outlined in Section 633.34, F.S., in making a determination as to the applicant’s good moral character.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.34(4), 633.35(2), 633.45(2)(a) FS. History–New 9-7-81, Formerly 4A-37.04, 4A-37.36, Amended 11-26-85, 1-3-90, 3-20-95, 12-10-01, Formerly 4A-37.036.

69A-37.037 Firefighter Training Course Medical Examination. (1) Pursuant to Section 633.34(5), F.S., an individual shall submit to the division a medical

examination evidencing good physical condition in order to gain admission into a firefighter training program. A medical examination evidencing good physical condition shall be submitted to the division, on form DI4-1022, before an individual is admitted into a firefighter training program as defined in Section 633.35, F.S. When Firefighter I and Firefighter II training are to occur contiguously this submission is to occur at the beginning of the Firefighter I training. When Firefighter I and Firefighter II training are taken as separate modules the requirement for submission is for the Firefighter II module. Firefighter I as a stand alone module does not require a medical examination.

(2) The medical examination shall be given by a physician, surgeon, or physician assistant licensed to practice in the State of Florida pursuant to Chapter 458, F.S.; an osteopathic physician, surgeon, or physician assistant licensed to practice in the State of Florida pursuant to Chapter 459, F.S.; or an advanced registered nurse practitioner licensed to practice in the State of Florida pursuant to Chapter 464, F.S. An individual shall receive this examination within the 6 month period prior to the date the application for firefighter certification is received by the Bureau of Fire Standards and Training.

(3) The results of the medical examination shall be reported to the Bureau of Fire Standards and Training on completed Form DI4-1022 entitled “Medical Examination.” These results will be reported by the Certified Training Center delivering the training within 5 business days of the beginning of a firefighter training program as defined in Section 633.35, F.S., and in subsection (1) above. An individual shall not participate in the certification examination for compliance unless a completed Form DI4-1022 is on file with the Bureau of Fire Standards and Training.

(4) Form DI4-1022 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), F.A.C.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.34(5) FS. History–New 9-7-81, Formerly 4A-37.05, 4A-37.37, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.037, Amended 1-2-06.

69A-37.0385 Termination of Employee.

Upon the termination of employment of a firefighter, the employing agency shall forward to the Bureau of Fire Standards and Training a completed Form DI4-1033, entitled “Notice of Termination as a Firefighter.” This form shall be forwarded within ten business days after date of termination. Form DI4-1033 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), F.A.C.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(2)(i) FS. History–New 6-30-91, Amended 3-20-95, 12-10-01, Formerly 4A-37.0385.

69A-37.039 Prescribed Forms for Training and Certification. (1) Information required by the Bureau of Fire Standards and Training in this chapter shall be

furnished on prescribed forms as set out specifically in these rules. The forms identified in and required by this chapter are incorporated herein. The forms can be obtained:

(a) From fire departments or training centers, or (b) By writing to the Bureau of Fire Standards and Training, 11655 North West Gainesville Road,

Ocala, Florida 34482-1486, or (c) By downloading them from the fire college website at www.fsfc.ufl.edu. (2) The following forms are hereby adopted and incorporated by reference in this rule: (a) DI4-1016 rev. 08/00 (formerly FST-1), “Application for Certification as a Firefighter” (b) DI4-1019 rev. 7/00, “Fee Information and Application and Fingerprint Card Instructions”

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(c) DI4-1020 rev. 03/00, “Personal Inquiry Waiver” (d) DI4-1022 rev. 08/98, (formerly FST-2), “Medical Examination” (e) DI4-1026 rev. 08/00, “Roster of Students” (f) DI4-1028 rev. 08/00, “Verification of Training Hours” (g) DI4-1032 rev. 10/00 (formerly FST-1A) “Notice of Employment as a Firefighter” (h) DI4-1033 rev. 10/00 (formerly FST-3) “Notice of Termination as a Firefighter” (i) DI4-1308 rev. 10/00 (formerly FST-1C) “Application for Practical Examination for Retention of

Firefighter Certification” (j) DI4-1309 rev. 10/00 “Preliminary Equivalency Application Firefighter Minimum Curriculum

Requirements” (k) DI4-1380 rev. 03/00 “Firefighter I Training Record” (l) DI4-1381 rev. 10/00 “Application Reactivation Form” (m) DI4-1390 rev. 05/00 “Application for Special Certificate of Compliance for Administrative &

Command Head of aFire/ Rescue/EmergencyServices Organization” (n) DI4-1438 rev. 01/01 “Application for Fire Investigator I Certification Examination” (o) DI4-1439 rev. 01/01 “Application for Fire Investigator II Certification Examination” (p) DI4-1440 rev. 01/01 “Florida State Fire College that have been Approved for Renewal Hours” (q) DI4-1441 rev. 01/01 “National Fire Academy Courses that have been Approved for Renewal

Hours” (r) DI4-1442 new 01/01 “Firefighters Supplemental Compensation Program Request for Upgrade from

Associate Level to Bachelor Level” (s) DI4-1443 new 01/01 “Acceptance to Apply for the Firefighter Equivalency Examination” (t) DI4-1445 new 01/01 “Firefighter One Equivalency Examination Application” (u) DI4-1446 new 01/01 “Application for Firesafety Inspector II Certification Examination” (v) DI4-1447 new 01/01 “Application for Fire Officer One Certification Examination” (w) DI4-1448 new 01/01 “Application for Fire Officer Two Certification Examination” (x) DI4-1449 rev. 01/01 “Firefighter Minimum Standards Grade Release Roster” (y) DI4-1450 new 01/01 “Important Information About Retesting and Certification Renewal” (z) DI4-1451 new 01/01 “Application for Instructor I Certification” (aa) DI4-1452 new 01/01 “Application for Instructor II Certification” (bb) DI4-1453 new 01/01 “Application for Instructor III Certification” (cc) DI4-1454 new 01/01 “Instructor Certification Requirements” (dd) DI4-1455 new 01/01 “Application for Single Course Exemption Instructor Certification” (ee) DI4-1456 new 01/01 “Application for Fire and Lifesafety Educator Certification Examination” (ff) DI4-1457 new 01/01 “Application for Fire Apparatus Pump Operator Certification Examination” (gg) DI4-1458 new 01/01 “Firefighter Minimum Standards Skills Refresher Course” (hh) DI4-1459 rev. 01/01 “Application for Special Firesafety Inspector Certification Examination” (ii) DI4-1460 rev. 01/01 “Certified Firefighter Training Center List” (jj) DI4-1461 rev. 01/01 (formerly FST-60) “Training Affidavit” (kk) DI4-1463 rev. 01/01 “Certification Renewal Application” (ll) DI4-1023 rev. 07/00 “Application for Firesafety Inspector I Certification Examination.”

Specific Authority 633.45(2)(a) FS. Law Implemented 633.34, 633.35, 633.38, 633.45, 633.101(1) FS. History–New 9-7-81, Formerly 4A-37.20, 4A-37.39, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, Amended 9-13-98, 12-10-01, Formerly 4A-37.039.

69A-37.050 Types of Training Certificates Issued. (1) Certificate of Compliance. This certificate is issued to any person satisfactorily complying with the

training program and standards required by Section 633.35(1), F.S., and the qualifications for employment in Section 633.34, except subsection 633.34(5), F.S., as provided in subsection 633.35(2) or 633.35(3), F.S., and these rules.

(2) Certificate of Competency. This certificate is issued to any person who successfully completes and meets the prescribed curriculum and standards for advanced and specialized training courses established by

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Section 633.38(1)(a), F.S. (3) Certificate of Instruction. This certificate is issued to any person who successfully completes any

course of instruction provided by the Division of State Fire Marshal through the Bureau of Fire Standards and Training.

(4) Forestry Certificate of Compliance. This certificate is issued to any person satisfactorily complying with the training program and standards required by Section 633.35(5), F.S., and these rules.

(5) Special Certificate of Compliance. This certificate is issued to administrative heads of organizations who satisfactorily complete the requirements of Section 633.35(3), F.S., and these rules.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.34, 633.35(1), (2), (3), (5), 633.45(1)(c) FS. History–New 9-7-81, Formerly 4A-37.13, 4A-37.50, Amended 11-26-85, 1-3-90, 3-20-95, 12-10-01, Formerly 4A-37.050.

69A-37.0527 Retention of Certification. (1) The retake of the state certification examination for retention of certificate shall be known as the

retention examination and is referenced in Section 633.352, F.S. Being active as a volunteer firefighter with an organized fire department means the individual has been actively involved for a continuous period of time of not less than 6 months during the 3 year period since certified or the certification was last renewed, or since termination from a fire department. Verification of being active shall be evidenced by documentation from the chief or ranking person of the volunteer fire department.

(2) To be eligible to participate in the examination, an individual shall submit to the Bureau of Fire Standards and Training Form DI4-1308 Application for Practical Examination for Retention of Firefighter Certification, which is adopted in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C., which shall include a medical examination evidencing good physical condition. The medical examination shall be given by a physician or surgeon licensed to practice in the State of Florida pursuant to Chapter 458, F.S., or by an osteopathic physician or surgeon licensed to practice in the State of Florida pursuant to Chapter 459, F.S. An individual shall receive this examination within the 6 month period prior to the date the application for testing is received by the Bureau of Fire Standards and Training. The results of the medical examination shall be reported to the Bureau of Fire Standards and Training on completed Form DI4-1022, Medical Examination, 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), F.A.C. An individual shall not participate in the practical examination unless a completed Form DI4-1022 is on file with the Bureau of Fire Standards and Training.

(3) Submit a fingerprint card to the Bureau of Fire Standards and Training with the current processing fee. The fingerprint card will be forwarded to the Florida Department of Law Enforcement and/or the Federal Bureau of Investigation.

(4) The Bureau will schedule the date and time for all examinations. (5) Each individual will be required to wear N.F.P.A. approved helmet, fire coat, bunker pants, boots,

protective hood, and gloves. (6) Any individual who does not obtain a passing score of 70% or more on the retention examination

will be permitted one re-take examination. The retake must occur within 6 months of the original examination.

(7) Failure of the re-take examination will result in the individual’s having to successfully complete Firefighter I and II training as defined in Rule 69A-37.055, F.A.C., before any additional testing can occur.

Specific Authority 633.38(1)(a), 633.45(2)(a) FS. Law Implemented 633.35, 633.38, 633.45 FS. History–New 12-10-01, Formerly 4A-37.0527.

69A-37.054 Out of State Training - Certificate of Compliance; Special Certificate of Compliance. (1) CERTIFICATE OF COMPLIANCE. (a) The Bureau of Fire Standards and Training shall issue a certificate of compliance to any person

who successfully passes the written and practical examination as required by Rule 69A-37.056, F.A.C. This examination is given during February, May, September, and November and is administered only at the Florida State Fire College in Lowell.

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(b)1. To qualify to take the examination for the certificate of compliance, the individual must submit: a. A completed Form DI4-1016 “Application for Certification as a Firefighter,” 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), F.A.C.

b. A completed Form DI4-1309 “Equivalency Examination Preliminary Application,” 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), F.A.C.

c. A copy of a medical examination taken within 6 months from the date the application for certification was received by the Bureau of Fire Standards and Training, with the results of the examination indicated on a completed Form DI4-1022 “Medical Examination”, 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), F.A.C.

d. A copy of high school diploma or its equivalent. e. The required fingerprint card, fingerprint card processing fee, and application fee. f. A completed Form DI4-1020 “Personal Inquiry Waiver,” 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), F.A.C.

2. In order for a person to be eligible to be tested, required paperwork must be received by the Bureau of Fire Standards and Training not less than 10 business days prior to the scheduled examination date for review, verification, and approval.

(c) The individual is eligible to receive a certificate of compliance if he or she: 1. Passes the examination; 2. Meets the other requirements of Section 633.35(2), F.S.; and 3. Submits the forms required by these rules. (d) Only one retake of the examination is permitted and must be taken within 6 months of the initial

examination date. (e) The individual must be pre-registered not less than 10 business days prior to the date of the

examination. (f) Failing the retake examination within the 6 month time period will result in the individual’s having

to complete both the Firefighter I and Firefighter II training before any additional testing can occur. (2) SPECIAL CERTIFICATE OF COMPLIANCE. (a) The Bureau of Fire Standards and Training shall issue a special certificate of compliance to an

individual from another state who provides proof of employment as the Administrative and Command Head of the fire/rescue/emergency services organization of an employing agency as defined in Section 633.30, F.S., and who meets all the requirements of this subsection. The Administrative and Command Head of a fire/rescue/emergency services organization is permitted to hold the title of director, fire chief, or other title. This individual is permitted to respond to emergency incidents with ultimate onsite management, command, and supervisory authority over employees engaged in operations involving fire, hazardous materials, building collapse, confined space rescue, and other emergency operations.

(b) Any person making application for a special certificate of compliance as the designated Administrative and Command Head of an organization must meet all the requirements of this subsection, as well as successfully passing the written examination and submitting all the documents and meeting all the requirements of this subsection, with the exception of the completion of the practical portion of the examination required in this section. The applicant shall also:

1. Successfully pass the Certificate of Competence examination for Fire Officer I as administered by the Bureau of Fire Standards and Training; and

2. Attend a 6 hour seminar as determined by the Bureau of Fire Standards and Training outlining: a. Chapter 633, F.S., “Fire Prevention and Control” and the applicable rules; b. Chapter 447, F.S., “Labor Organizations” and the applicable rules. 3. Submit a completed Form DI4-1016 “Application for Certification as a Firefighter,” 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), F.A.C.

4. Submit a completed Form DI4-1309 “Equivalency Examination Preliminary Application,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in

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subsection 69A-37.039(1), F.A.C. 5. Submit a copy of a medical examination taken within 6 months from the date the application for

certification was received by the Bureau of Fire Standards and Training, with the results of the examination indicated on a completed Form DI4-1022 “Medical Examination,” which is incorporated by reference in Rule 69A-37.039, F.A.C.

6. Submit a copy of the applicant’s high school diploma or its equivalent. 7. Submit the required fingerprint card, fingerprint card processing fee, and application fee. 8. Submit a completed Form DI4-1020, “Personal Inquiry Waiver,” 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), F.A.C.

9. Submit a completed Form DI4-1390 “Application for Special Certificate of Compliance for Administrative & Command Head of a Fire/Rescue/Emergency Services Organization,” 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), F.A.C.

(c) The special certificate of compliance will be assigned a registration number identifying the holder as the Administrative and Command Head of the organization.

(d) The special certificate of compliance is permitted to be transferred with the Administrative and Command Head to another fire/rescue/emergency services organization if a comparable position is held by the special certificate holder with the new organization.

(e) The special certificate of compliance shall be revoked upon the termination of the holder of the special certificate of compliance as the Administrative and Command Head of a fire/rescue/emergency services organization.

(f) Should the holder thereafter hold a position in any firefighter capacity other than Administrative and Command Head, the requirements of this section as they pertain to firefighters shall apply.

(g) This special certificate is optional and the individual is permitted to choose to obtain the certificate of compliance for firefighters as provided in this rule.

(h) Only one retake of the examination is permitted and must be taken within 6 months of the initial examination date.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1)(a) FS. History–New 9-7-81, Formerly 4A-37.11, 4A-37.54, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-9-96, 12-10-01, Formerly 4A-37.054.

69A-37.055 Minimum Curriculum Requirements for Training Firefighter Recruits or

Firefighters. (1) The minimum firefighter training embodied in the curriculum requirements for schools operated by

or for any employing agency for the specific purpose of training firefighter recruits or firefighters shall consist of 160 hours of training to complete Firefighter I training and an additional 200 hours to complete Firefighter II training. Completion of both Firefighter I and Firefighter II represents the required 360 hours referred to collectively hereinafter as the “Minimum Standards Course.” The individual courses shall have the titles, content, and at least the minimum hours of instruction as prescribed by the Bureau of Fire Standards and Training in this rule. The completion of the Form DI4-1028 “Verification of Prescribed Training Hours” evidencing compliance with minimum curriculum requirements shall be presented to the Bureau of Fire Standards and Training Field Representative prior to the state certification examination for Firefighter II. Form DI4-1028 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), F.A.C. The school or employing agency is permitted to and is encouraged to, offer additional training above that training required by this chapter for firefighter recruit training.

(2)(a) Firefighter I Certification shall be obtained by successful completion of the required course work identified in this section. These courses shall be delivered by an Instructor approved by the Bureau of Fire Standards and Training and a score of 70% or more must be obtained on a written state examination delivered by the Bureau of Fire Standards and Training. These courses need not be delivered at a State Certified Training Center.

(b) Each applicant shall submit a completed Form DI4-1380 “Firefighter I Training Record,” which is

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incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

(3) Applicants failing the Firefighter I examination are permitted to retake the examination within a 6 month period. Retakes after that 6 month period require a new application for testing to be submitted to the Bureau of Fire Standards and Training.

(4)(a) Persons certified at the Firefighter I level are permitted to proceed directly into Firefighter II Training at a State Certified Training Center as openings are available.

(b) Firefighter I certified persons shall enter Firefighter II training at a State Certified Training Center within:

1. 1 year of certification at the Firefighter I level, or 2. 3 years of certification as a Firefighter I, if verifiable and continuous affiliation as a volunteer

firefighter with an organized fire department is maintained. (c) Failure to enter Firefighter II Training within the time frames specified in paragraph (b) shall result

in such applicant being required to complete the Firefighter I training program again prior to entry into the Firefighter II program.

(5) Entry into the Firefighter II training program at any State Certified Training Center shall require the applicant to demonstrate proficiency in Firefighter I knowledge and tasks to the satisfaction of the Training Center unless the Firefighter I and Firefighter II Training are taking place contiguously or consecutively at the same training center as a single course of instruction.

(6) Firefighter I: (a)1. Orientation, Apparatus and Equipment (6 1/2 hours lecture): The following elements shall be

included in this section of training: a. Introduction; b. Florida Fire Chiefs Disaster Response Plan; c. Outline of training program; d. Student duties and responsibilities; e. Testing procedures; f. Familiarization with training facilities; g. Responsibilities of the training; h. Purpose and objectives of fire service; i. Fire department organizational structure; j. The firefighter’s responsibilities in the community; k. History of the fire service; l. Higher education in the fire service; m. Study habits; n. Personnel policies of the school; o. Fire department terminology; p. Emergency driving; q. Objectives for Firefighter I and II in the NFPA Standard 1001, “Fire Fighter Professional

Qualifications”, 1997 edition; r. NFPA 1582, “Standard on Medical Requirements for Fire Fighters,” 1997 edition; s. Rule Chapter 69A-37, F.A.C.; t. Section 633.30, and Sections 633.34 through 633.353, F.S. 2. NFPA Standard 1001, “Fire Fighter Professional Qualifications”, 1997 edition, and NFPA 1582,

“Standard on Medical Requirements for Fire Fighters”, 2000 edition, are hereby adopted and incorporated by reference. Copies of the NFPA publications can be obtained from the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(b) Fire Behavior (3 1/2 hours lecture): The following elements shall be included in this section of training:

1. Principles of combustion and chemistry of fire; 2. Classes of fire and characteristics of combustibles; 3. Principles of fire control. (c) Portable Extinguishers (2 1/2 hours lecture, 1 hour drill): The following elements shall be included

in this section of training:

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1. Types and classes; 2. Extinguishing agents; 3. Demonstrations and student drills. (d) Personal Protective Equipment (7 hours lecture, 3 hours drill): The following elements shall be

included in this section of training: 1. Types, use and care of firefighter protective clothing and equipment; 2. Types of protective breathing apparatus; 3. Limitations of each; 4. Practice drills and exercises. (e) Ropes and Knots (4 hours lecture, 2 hours drill): The following elements shall be included in this

section of training: 1. Rope construction, care and inspection; 2. Life safety rope; 3. Utility rope; 4. Bends, hitches and knots; 5. Methods of lashing; and 6. Hoisting tools and equipment. (f) Water Supply (3 hours lecture, 2 hours drill): The following elements shall be included in this

section of training: 1. Components of municipal water supply systems and rural water supply operations; 2. Fire hydrants. (g) Ladders (4 1/2 hours lecture, 3 hours drill): The following elements shall be included in this section

of training: 1. Parts, types, construction, maintenance, and testing of fire service ground ladders; 2. Pumper fire apparatus extension, roof and folding ladders; 3. Handling, carrying and raising of ground ladders; 4. Climbing and operating from ladders. (h) Hose (7 hours lecture, 3 hours drill): The following elements shall be included in this section of

training: 1. Size, construction, care and testing of hose; 2. Couplings, appliances and tools; 3. Hose lays and procedures; 4. Hose loads; 5. Hose rolls; 6. Hose load finishes; 7. Hose evolutions. (i) Water Fire Streams (3 1/2 hours lecture, 2 hours drill): The following elements shall be included in

this section of training: 1. Extinguishing properties of water; 2. Types and size of fire streams; 3. Nozzles; 4. Introduction to hydraulics; 5. Fire stream evolutions. (j) Fire Control (5 hours lecture, 3 hours drill): The following elements shall be included in this section

of training: 1. Fire suppression techniques for Class A through D fires; 2. Fire company tactics for: a. Single-family dwellings; b. High-rise structures; c. Basement, vehicle, trash, rubbish and wildland fires; 3. Fires and emergencies in confined enclosures; 4. Fire suppression evolutions. (k) Automatic Sprinkler Systems (2 hours lecture): The following elements shall be included in this

section of training:

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1. Basics of automatic fire sprinkler systems; 2. Standpipe systems; 3. Control of water flow. (l) Forcible Entry (7 1/2 hours lecture, 3 hours drill): The following elements shall be included in this

section of training: 1. Assessing situations requiring forcible entry; 2. Forcible entry tools, proper care and usage; 3. Specific techniques for forcing entry through doors, windows, walls, fences and floors. (m) Building Search and Victim Removal (4 1/2 hours lecture, 2 hours drill): The following elements

shall be included in this section of training: 1. Difference between rescue and extrication; 2. Primary and secondary search; 3. Safety guidelines; victim removal. (n) Ventilation (4 hours lecture, 1 hour drill): The following elements shall be included in this section

of training: 1. Review of fire behavior; situations requiring ventilation; 2. Procedures for vertical, horizontal and forced ventilation. (o) Loss Control (4 1/2 hours lecture, 1 hour drill): The following elements shall be included in this

section of training: 1. Salvage operations; types of salvage; 2. Covers and equipment and their uses; 3. Care and maintenance of salvage equipment; water chutes; 4. Catchalls; 5. Overhaul operations; 6. Search for and extinguishing hidden fires; 7. Protecting and preserving evidence. (p) Building Construction (3 hours lecture): The following elements shall be included in this section of

training: 1. The five basic types of building construction, 2. The effects of fire on common building materials; 3. Firefighter hazards directly related to building construction. (q) Fire Prevention and Public Education (3 1/2 hours lecture, 1 hour drill): The following elements

shall be included in this section of training: 1. Recognition of hazards; 2. Fire inspections, dwelling surveys, station tours and public fire education demonstrations; 3. Smoke detectors; 4. Stop, drop and roll; 5. Fire company inspection procedures; 6. Report writing; 7. School drill procedures, and 8. Educating the public on home firesafety. (r) Firefighter Safety (3 1/2 hours lecture): The following elements shall be included in this section of

training: 1. Physical fitness and health; 2. Fireground safety; 3. Tool and equipment safety; 4. Electric generating and lighting equipment; 5. Apparatus safety; 6. Station safety; 7. Safety in training. (s) Fire Alarms and Communications (4 hours lecture): The following elements shall be included in

this section of training: 1. Fire alarm transmission; 2. Private and public alerting systems;

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3. Radio procedures for fire department personnel. (t)1. First Responder (20 hours lecture, 20 hours drill): The following elements shall be included in this

section of training: a. Diagnostic signs and symptoms; b. Cardio-pulmonary resuscitation; c. Vehicle extraction; and d. Patient movement. 2. If an individual is currently certified as an emergency medical technician or paramedic or has taken

a First Responder course he or she is exempt from this portion of the Minimum Standards Course. Documentation of certification or proof of training shall be submitted at the beginning of the Minimum Standards Course.

(u) Controlled Burning (2 hours drill): The following elements shall be included in this section of training: practice exercises in:

1. Fire control in structures; 2. Class “A” materials; and 3. Vehicles. (v) Awareness Level Hazardous Materials (8 hours lecture): The following elements shall be included

in this section of training: 1. Identification of hazardous materials and their potential dangers; 2. Personal safety precautions to be taken when functioning as a hazardous materials first responder; 3. The basic options, requirements and limitations of methods to control, contain, and confine the

hazard. Completion of the Firefighter I program does not constitute certification as a full-time, professional, or certified firefighter. No person is permitted to be employed as a paid full-time professional or certified firefighter unless that person has completed and passed the Minimum Standards Course and has received the Firefighter II certification.

(7) Firefighter II: (a) Implementing an Incident Management System (2 1/2 hours lecture). (b) Personal Protective Equipment (5 hours drill): The following elements shall be included in this

section of training: 1. Use and care of protective breathing apparatus; 2. Limitations of each; 3. Practice drills and exercises. (c) Ropes and Knots (6 hours drill): life safety rope; The following elements shall be included in this

section of training: 1. Utility rope; 2. Bends, hitches and knots; 3. Methods of lashing; and 4. Hoisting tools and equipment. (d) Ladders (12 hours drill): The following elements shall be included in this section of training: 1. Pumper fire apparatus extension, roof and folding ladders; 2. Handling, carrying and raising of ground ladders; 3. Climbing and operating from ladders. (e) Hose (3 hours lecture, 16 hours drill): The following elements shall be included in this section of

training: 1. Appliances and tools; 2. Hose lays and procedures; 3. Hose loads; 4. Hose rolls; 5. Hose load finishes; 6. Hose evolutions. (f) Foam Fire Streams (5 hours lecture, 4 hours drill): The following elements shall be included in this

section of training: 1. Extinguishing properties of foam;

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2. Types and size of fire streams; 3. Nozzles; 4. Foam fire streams; 5. Fire stream evolutions. (g) Fire Control (5 1/2 hours lecture, 16 hours drill): The following elements shall be included in this

section of training: 1. Fire suppression techniques for Class A through D fires; 2. Fire company tactics for: a. Single-family dwellings, b. High-rise structures, c. Basement, vehicle, trash, rubbish and wildland fires (wildland fire component must be 2 hours

lecture); 3. Ignitable liquid and flammable gas control; 4. Fires and emergencies in confined enclosures; 5. Fire suppression evolutions. (h) Automatic Sprinkler Systems (3 1/2 hours lecture): The following elements shall be included in this

section of training: 1. Automatic fire sprinkler systems; 2. Standpipe systems; 3. Detection, alarm and suppression operations as they relate to standpipe and sprinkler systems. (i) Forcible Entry (2 hours drill): The following elements shall be included in this section of training: 1. Assessing situations requiring forcible entry; 2. Forcible entry tools; 3. Specific techniques for forcing entry through doors, windows, walls, fences and floors. (j) Rescue and Extrication (15 hours lecture, 14 hours drill): The following elements shall be included

in this section of training: 1. Assessment of situations requiring rescue or extrication; 2. Tools and equipment used for rescue and extrication; 3. Specific techniques for various rescue situations; 4. Search procedures; 5. Vehicle extrication. (k) Building Search and Victim Removal (4 hours drill): The following elements shall be included in

this section of training: 1. Primary and secondary search; 2. Safety guidelines; 3. Victim removal. (l) Ventilation (4 hours drill): The following elements shall be included in this section of training: 1. Situations requiring ventilation; 2. Procedures for vertical, horizontal, and forced ventilation. (m) Loss Control (4 hours drill): The following elements shall be included in this section of training: 1. Salvage operations; 2. Covers and equipment and their uses; 3. Care and maintenance of salvage equipment; 4. Water chutes; 5. Overhaul operations; 6. Search for and extinguishing hidden fires; 7. Protecting and preserving evidence. (n) Building Construction (2 1/2 hours lecture): The following elements shall be included in this

section of training: 1. The five basic types of building construction; 2. The effects of fire on common building materials; 3. Firefighter hazards directly related to building construction; 4. Construction materials and building collapse. (o) Fire Prevention and Public Education (3 hours lecture, 2 1/2 hours drill): The following elements

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shall be included in this section of training: 1. Recognition of hazards; 2. Identification of detection and suppression system components; 3. Pre-incident surveys; 4. Fire inspections, fire company inspection procedures; 5. Filling out reports and surveys. (p) Fire Cause Determination (3 hours lecture): The following elements shall be included in this

section of training: 1. The firefighter’s role; 2. Securing the fire scene; 3. Preserving evidence; 4. Legal considerations. (q) Fire Alarms and Communications (2 1/2 hours lecture, 1 hour drill): The following elements shall

be included in this section of training: 1. Fire alarm transmission; 2. Private and public alerting systems; 3. Radio procedures for fire department personnel; 4. Incident reports. (r) Physical Fitness (8 hours): supervised exercises during training. (s) Examinations (12 hours): each portion of the outline shall be the subject of a test, both academic

and performance, for best measure of learning. (t) Controlled Burning (16 hours drill): The following elements shall be included in this section of

training: practice exercises in: 1. Fire control in structures; 2. Flammable liquids; 3. Liquefied petroleum or natural gas; and 4. Vehicles. (u) Operations Level Hazardous Materials (16 hours lecture): The following elements shall be included

in this section of training: 1. Identification of hazardous materials; 2. Personal safety precautions to be taken; 3. The basic options, requirements and limitations of methods to control, contain, and confine the

hazard. (v) Course Review (4 hours lecture, 8 hours drill).

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1)(a), (b) FS. History–New 9-7-81, Formerly 4A-37.10, 4A-37.55, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.055.

69A-37.056 Specifications for Certifiable Training.

To be recognized for certification as a firefighter by the Division, training shall be obtained under the conditions as specified herein. Satisfactory completion of the prescribed training, instruction and standards in accordance with these specifications shall be certified by a designated instructor or member of the Bureau of Fire Standards and Training staff.

(1) The training shall take place in a training center or facility approved for such training by the Bureau of Fire Standards and Training.

(2) The training shall be given by instructors certified by the Bureau of Fire Standards and Training. In addition, First Responder Lead Instructors shall be currently certified as an emergency medical technician or paramedic in the state of Florida and certified as an American Heart Association (AHA) or American Red Cross (ARC) Cardiopulmonary Resuscitation (CPR) Instructor.

(3) All subjects listed in the approved Firefighter I and Firefighter II courses shall be included in the curriculum.

(4) Each Student enrolled in a Firefighter I course or a Firefighter II course, or both courses, shall receive instruction and training in every course subject of the curriculum. Instruction and training shall not

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be less than the number of hours specified for each subject. (5)(a) One aspect of training is psychomotor skills development, which includes the demonstrated

ability to perform individually and as a member of a team or group all tasks and operations associated with the training in a manner which does not present a threat to the safety of the trainee, co-workers, or others and which contributes to the successful achievement of the purpose for which the task or operation is being performed.

(b) If, in the professional opinion of the instructors, the student does not possess the qualities necessary to satisfactorily perform psychomotor tasks, the student shall be dropped from the training program.

(6) All tests, both written and practical, given during training shall require maintenance of a percentage score of not less than 70% on each subject listed in the prescribed Firefighter I and Firefighter II courses. If a minimum score of 70% is not achieved on any test, the student shall be afforded a one-time make up examination to achieve the required 70%. Tests used shall be designed to encompass all the significant contents of the subjects being taught.

(a) In order to sit for the state examination, the information required by Sections 633.34 and 633.35, F.S., must be furnished to the Bureau of Fire Standards and Training.

(b) State examinations, consisting of a written and a practical part, shall be administered by a Field Representative of the Bureau of Fire Standards and Training and shall encompass all components of the Firefighter I course for Firefighter I testing and all components of both Firefighter I and Firefighter II courses for State Certification as a Firefighter. The 70% score requirements for both written and practical examinations shall prevail in this testing environment as well.

(c) The state examination will be administered at the local training facility. Whenever possible, the Bureau of Fire Standards and Training will schedule the state examination date at the convenience of the training facility.

(d) Only one retake of the state examination is permitted. Retakes of the practical portion of the examination will be offered only at the Florida State Fire College during the months of February, May, September, and November. Retakes of the written portion of the examination will be offered at the Regional Testing Sites in February, May, September, November and monthly at the Florida State Fire College. Students must be pre-registered at least 10 business days prior to the date of the examination.

(e) The retake of the Firefighter II Certification Examination must be taken within 6 months of the initial examination date.

(f) Failing the retake of the Firefighter II Certification Examination within the prescribed 6 month time period will result in the individual having to repeat the Firefighter II Course.

(7) In general classroom work, the number of students per certified instructor will be determined by the instructor on the basis of complexity of the subject.

(8) In demonstrations involving the use of equipment and performance of tasks under non-hazardous conditions, whether in the classroom or in the field, there shall be no less than one certified instructor for each ten students.

(9) In field work under conditions considered hazardous there shall be not less than one certified instructor for each six students, but in no case shall there be less than two certified instructors. The instructors shall be placed to oversee the safety and effectiveness of the training.

(10) In those instances in which the normal scheduled time does not allow for compliance with the foregoing limitations, the time allotted to those classes shall be extended as necessary to ensure compliance with the intent and purpose of these rules.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.35(2) FS. History–New 9-7-81, Formerly 4A-37.16, 4A-37.56, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.056.

69A-37.057 Roster of Students.

During the first week of training for the Minimum Standards Course, the FST-4 form entitled “Roster of Students” shall be completed and forwarded to the Bureau of Fire Standards and Training, with all supporting paperwork (i.e., release of a building to burn, if applicable; any required affidavits for use of other facilities or equipment; pre-certification paperwork, or verification that said pre-certification paperwork has been received by the Bureau of Fire Standards and Training for students enrolled in class) as

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evidence of students who are enrolled in approved training programs. State examination dates will not be scheduled until such time as the FST-4 form, with all supporting papers, is received and approved by the Bureau of Fire Standards and Training. The names of all instructors to be utilized in the training session, with certificate number and issue date, are to be added to this roster. Form FST-4 is incorporated by reference in subsection 69A-37.061(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1) FS. History–New 9-7-81, Formerly 4A-37.17, 4A-37.57, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, Formerly 4A-37.057.

69A-37.058 Verification of Prescribed Training Hours. (1) At the completion of the Firefighter II training, on the date of the state certification examination,

the instructor-in-charge of the course shall present to the Bureau of Fire Standards and Training Field Representative Form DI4-1028 “Verification of Prescribed Training Hours,” signed by each instructor who taught a specific subject, as listed on Form DI4-1028.

(2) If Form DI4-1028 is not available for the Bureau of Fire Standards and Training Field Representative, the state certification examination will not be administered.

(3) Form DI4-1028 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), F.A.C.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1) FS. History–New 9-7-81, Formerly 4A-37.58, Amended 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.058.

69A-37.059 Types of Instructor Certificates Issued.

This rule provides that the Bureau of Fire Standards and Training shall certify individuals to conduct training and education classes for fire service personnel. Upon satisfaction of the requirements listed under the respective categories, an applicant shall be awarded instructor certification appropriate to the applicant’s attainments and may teach designated subjects in the courses of training and education coming within the purview of the Bureau of Fire Standards and Training. The certificates to be awarded are as follows:

(1) Requirements for Instructor I Examination and Certification. (a) Submission of the required application (Form DI4-1025), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) A minimum of 6 years experience as a regular member of an organized fire department. (c) A high school diploma or equivalent. (d) Physical ability to perform the tasks associated with the training. (e) Successful completion of an approved Fire Service Course Delivery class of not less than 40 hours

duration, as offered by the Florida State Fire College, or the equivalent as approved by the Bureau of Fire Standards and Training.

(f) Passing a state examination embracing the material covered in the Fire Service Course Delivery class with a score of 70% or higher. Persons holding this certification may teach any classes in the program area(s) in which they are certified or hold a certificate of competency.

(2) Requirements for Instructor II Examination and Certification. (a) Submission of the required application (Form DI4-1025), 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), F.A.C., documentation and fees, to the Bureau of Fire Standards and Training.

(b) A minimum of 6 years experience as a regular member of an organized fire department. (c) An associates degree or higher. (d) Physical ability to perform the tasks associated with the training. (e) Successful completion of an approved Fire Service Course Delivery class of not less than 40 hours

duration, as offered by the Florida State Fire College, or the equivalent as approved by the Bureau of Fire

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Standards and Training and successful completion of an approved Fire Service Course Design class of not less than 40 hours duration, as offered by the Florida State Fire College, or the equivalent as approved by the Bureau of Fire Standards and Training.

(f) Passing a state examination embracing the material covered in the Fire Service Course Delivery and the Fire Service Course Design courses with a score of 70% or higher. Persons holding this certification may teach any class which is recognized as part of the curriculum established and developed by the Bureau of Fire Standards and Training, provided the instructor can verify successful completion of the same course by certificate or transcript.

(3) Requirements for Instructor III Certification. (a) Submission of the required application (Form DI4-1025), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) A minimum of 6 years experience as a regular member of an organized fire department. (c) A bachelor’s degree or higher. (d) Physical ability to perform the tasks associated with the training. (e) Successful completion of an approved Fire Service Course Delivery class of not less than 40 hours

duration, as offered by the Florida State Fire College or the equivalent as approved by the Bureau of Fire Standards and Training and successful completion of an approved Fire Service Course Design class of not less than 40 hours duration, as offered by the Florida State Fire College or the equivalent as approved by the Bureau of Fire Standards and Training. Persons holding this certification may teach any class which is recognized as part of the curriculum established and developed by the Bureau of Fire Standards and Training, provided the instructor can verify successful completion of the same course by certificate or transcript.

(4) Requirements for Single Course Exemption Certification. (a) Submission of the required application (Form DI4-1025), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) Submission of letter requesting the exemption with detailed description of credentials or experience to be considered along with proof of same.

(c) Completion of 40 hours in Fire Service Course Delivery or verifiable equivalent. (d) Credentials review by Standards section. (e) Extensive experience consisting of documentable proof of subject matter expertise as a result of at

least 5 years of experience directly related to the subject or a bachelor’s degree related to the subject, or a combination of both such experience and education to equal the required documentable proof set forth in this paragraph in a field directly related to the subject. Persons holding this exemption are eligible to teach only the single course specified. This exemption will be granted upon review for recognition of extensive experience or education/training in the subject area.

(5) Requirements for Instructor Examination. (a) In order for a person to be eligible to be tested, the required paperwork must be received by the

Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date for review, verification and approval.

(b) All testing will be accomplished at a Regional Testing Site. (c) Retake examinations will be permitted at subsequent quarterly Regional Testing Sites or monthly at

the Florida State Fire College. (d) Application for retesting must be received by the Bureau of Fire Standards and Training not less

than 10 business days prior to the requested examination date. (6) Triennial Renewal of Instructor Certification. (a) Instructor Certification must be renewed every 3 years. (b) Should the applicant fail to meet the prerequisite training requirements specified below for renewal,

the applicant must qualify for and successfully pass the required state examination for the instructor certification requested.

(c) The Bureau of Fire Standards and Training shall notify the certified instructor that the applicant’s certification is due for renewal approximately 30 days prior to the expiration of the Instructor Certification.

(d) The Certified Instructor shall submit the renewal application to the Bureau of Fire Standards and

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Training specifying whether the renewal is to be based on completion of a course or attendance at workshops or seminars.

1. Course – Have successfully completed an approved course of instruction in a curriculum related to instructor improvement.

a. This course shall be 40 class hours in duration or the equivalent in Continuing Education Units (CEU’s).

b. Verification of successful completion of the course shall be included with the renewal application. Acceptable forms of verification include copies of certificates and college transcripts.

2. Workshops or Seminars – In the absence of completion of an approved course, the certification renewal shall be based upon attendance at a workshop or seminar related to the subject of certification which shall be a cumulative total of not less than forty 40 contact hours in duration.

a. Any person whose certification is not renewed cannot function as an instructor as defined herein. b. It is the responsibility of the certified instructor to notify the Bureau of Fire Standards and Training

of any address changes in writing. (7) Probation and Revocation of Instructor Certification. (a) The Bureau of Fire Standards and Training of the Division of State Fire Marshal may place on

probation any instructor whose students exhibit a lack of knowledge or skill in subject courses taught by such instructor, which shall be evidenced by a high student failure rate during participation in state administered examinations. A high student failure rate which comes to the attention of the Bureau will be analyzed to determine relationships between an individual instructor and his students’ performance. If an instructor’s students continue to exhibit high failure rates on state examinations in the subject matter taught by the instructor, a letter of concern will be provided to the instructor allowing an opportunity for explanation. In the absence of an explanation which accounts for the high student failure rate, the instructor will be placed on probation during which the instructor will be required to teach students at a level high enough to increase the pass rate.

(b) The certificate of an instructor shall be revoked if evidence is found that the certification was improperly issued by the Division or when evidence is found that the certification or triennial renewal of the certification was issued on the basis of false, incorrect, incomplete, or misleading information.

(c) The certification of an instructor shall be revoked if evidence is found that the instructor has issued or caused to be issued course credit or course completion for any person not qualified.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.46, 633.45(1)(d) FS. History–New 9-7-81, Formerly 4A-37.15, 4A-37.59, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.059.

69A-37.060 Certification as an Approved Firefighter Recruit Training Facility. (1) To be certified as an approved training facility, an installation or facility shall; (a) Submit a request to the Bureau of Fire Standards and Training; (b) Submit to an inspection by a Bureau of Fire Standards and Training Field Representative; and (c) Have in its custody and readily available for use the required training structures, apparatus, and

equipment listed in paragraphs (d) through (u) of this subsection. (d) Have a fixed structure not less than 2 stories in height with each floor not less than 400 net square

feet (exclusive of hallways, stairways, balconies or vestibule areas), of masonry, reinforced concrete construction, or both, or other fire resistive material as approved by the Bureau of Fire Standards and Training, with all floors completely enclosed and suitable for smoke training with breathing equipment. With respect to the structure described in this paragraph, the following shall apply:

1. All floors shall be provided with window openings with sill height at least 42 inches above the top of the finished floor.

a. Window openings above the first floor shall be suitable for entry, exit, and rescue training from ground ladders.

b. No window openings shall be allowed in the walls containing the interior stairway. c. Window closures such as shutters shall swing into the building, except for those in a burn room

which shall always swing out. 2. The structure shall have an interior enclosed stairway connecting all floors and roof. Double

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handrails on stairways and guard rails around stair wells should be provided. 3. An exterior stairway of metal or masonry construction shall be provided, extending from first floor

level, connecting all floors above the first floor. In lieu of an exterior stairway the structure shall be provided with an enclosed stairway designed to discharge directly to the outside at first floor level, with access from each floor above the first floor provided by means of an open air vestibule or by way of an exterior balcony.

4. All door openings shall be provided with fire doors with door rating consistent with the fire resistance rating of the wall wherein installed. Door locks, if provided, shall not require the use of a key, tool, special knowledge or effort for operating from the inside of the building.

5. At roof level, the entire perimeter of the roof shall be provided with a guard-rail or parapet wall or a combination parapet wall and guard rail and not less than 42 inches high measured vertically to the top of the wall or rail from the finished roof surface.

6. All floors shall be equipped with a standpipe outlet located in stairway enclosure. a. Outlets shall be designed to supply 2 1/2 inch hose with water flow controlled by a hose valve. b. A fire department standpipe connection shall be provided on an exterior first floor wall. (e) Have a classroom with adequate lighting, heating, cooling and ventilation. (f) Have the current types and classes of portable first aid fire extinguishers. 1. Minimum requirement is at least one of each of the following types of extinguishers for every four

students: a. Dry chemical, b. Carbon dioxide, and c. Pressurized water for use in portable extinguisher evolution. 2. Other representative types of portable first aid extinguishers shall be available for identification. (g) Have pumper apparatus, owned or leased, or otherwise contracted for rated at not less than 750

G.P.M. and 150 p.s.i., with hose compartments sufficient to practice appropriate hydrant lay evolutions, fully equipped as prescribed in National Fire Protection Association (NFPA) Standard 1901, 1999 edition, chapter 4. The following changes to the equipment specified shall be adhered to:

1. Both hard suction and soft sleeve hose shall be provided, 2. Hand hose lines shall be limited to 2 1/2 inch and 1 3/4 inch in size. 3. The following equipment shall also be provided: a. DOT Emergency Response Guide Book, Current edition, b. One fire service claw tool, c. One Haligan type tool, d. Four salvage covers, e. Four hose straps, f. Two shovels (1 square end and 1 scoop), g. One 125-foot utility rope (not for lifesafety use), h. One hose clamp, i. One 2 1/2 inch siamese (1 male, 2 female connections) with clapper valves, j. One hose jacket for 2 1/2 inch hose, k. Two 2 1/2 inch to 1 1/2 inch reducers, and l. One hose hoist tool. 4. Pumpers shall be tested annually using the criteria of NFPA Standard 1911, 1997 edition. 5. All ladders used for training shall conform to the requirements of NFPA Standard 1931, 1999

edition and NFPA Standard 1932, 1999 edition. (h) Have forcible entry and ventilation drill facilities, which shall include a means of practice on: 1. Doors, 2. Windows, 3. Roofs, 4. Floors, and 5. Partitions. (i) These facilities are permitted to be included in the structure which is to be burned as part of the

training if it is not a part of the regular training complex. (j) The following forcible entry and ventilation tools are the minimum required:

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1. Pick head axe, 2. Flat headed axe, 3. Pike poles, 4. Prying tools, 5. Haligan type tool, 6. Fire service claw tool, 7. Sledge hammer, 8. Bolt cutter, 9. Hand and power saws. (k) Have salvage equipment to include: 1. Salvage covers and various sprinkler heads, 2. Scoops, 3. Squeegees, 4. Mops, and 5. Carryalls. (l) Have two Class II life safety harnesses which include, 1. Two life safety ropes (2 person rope) each not less than 75 feet in length, 2. Two rescue carabiners that meet the requirements of NFPA Standard 1983, 2001 edition, which is

hereby adopted and incorporated by reference and may be obtained by writing to the association, whose address is: National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269-9101, for use in rope rescue training and in tying rescue knots, and

3. Additional rope of assorted length, diameter, and construction suitable for practice in knots and lashings.

(m) Have representative and approved breathing apparatus. Minimum of one SCBA, positive pressure, NIOSH/MSHA approved, 30 minute or longer rated service life, for every four students with sufficient spare cylinders, refill capabilities, or both, to enable at least 20 minutes of protective breathing apparatus training per student.

(n) Have facilities for live fire training in: 1. An enclosed structure for simulated structural firefighting, minimum of 400 square feet, having at

least 2 rooms. 2. Flammable liquid fire facility, minimum of 50 square feet, using at least 1 inch of fuel floating on

surface of water, per burn. 3. Liquefied petroleum or natural gas firefighting. a. A liquefied petroleum (L.P.) gas field must be available with a 250-gallon L.P. storage tank

complete with shut-off valve and safety valve. b. There must be a vapor line with cut-off valve, liquid line and cut-off valve. c. All gas lines will be controlled by a certified instructor at a main control panel. d. This shall be a permanent installation so it can be set on fire and the students using hand lines can

approach the burning L.P. lines and tanks, and shut off the proper valves. 4. Automobile firefighting. (o) Have the following reference and training materials. 1. International Fire Service Training Association (IFSTA) Manual Essentials of Firefighting, current

edition, and 2. National Fire Academy program Initial Response to Hazardous Materials Incidents Student Manual

for Course 1 – Basic Concepts and Course 2 – Concept Implementation in sufficient quantities available for each student provided by the training facility or available for purchase by the student.

3. A complete set of the IFSTA Manuals, 4. NFPA Fire Protection Handbook, current edition, 5. Copy of Chapter 633, F.S., and Division of State Fire Marshal Rule Chapter 69A-37, F.A.C., current

edition, per training center. 6. IFSTA Manual Essentials of Firefighting for each instructor is required. (p) Have the standard first aid supplies as required in First Aid Manual (American National Red

Cross), 1. One Resusci-Anne or equivalent,

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2. First Responder, current edition, in sufficient quantity to enable each student to have a copy, either provided by the training facility or available for purchase by the student.

(q) Have audio-visual aids. The following training aids, with compatible audio-visual equipment, are recommended:

1. Forcible Entry, 2. Fire Streams, 3. Automatic Fire Protection Systems and Devices, 4. Hose Lay Out Practices, 5. Hose Fittings and Appliances, 6. Personal Protective Equipment, 7. Ventilation Practices, 8. Fire Ground Search and Rescue, 9. Overhaul and Salvage Operations, 10. First Aid, 11. Ropes and Knots, 12. Portable Fire Extinguishers, 13. Fire Pumps, 14. Ground Ladders, 15. Water Supply, 16. Firefighter Safety, 17. Firefighting Tools and Equipment, 18. Hazardous Materials, 19. Fire Behavior, 20. Vehicle Extrication, 21. Building Construction, 22. Fire Control, 23. Fire Cause Determination, 24. Fire Alarm and Communication 25. Fire Prevention and Public Education. (r) Have a water supply. A minimum of 1 operational hydrant suitably located as to provide safe hose

evolution practices. (s) Have a training dummy of not less than 125 pounds to be used during rescue training. (t) Have protective hoods that meet the requirements of NFPA 1971, Standard on Protective Clothing

for Structural Fire Fighting, 2000 Edition, provided by the training center or made available for purchase, and shall be used by each student engaged in live fire training.

(u) Each student, while engaged in live fire training, shall use a Personal Alert Safety System (PASS) device which shall be provided by the training center.

(v) All referenced parts of the NFPA publications mentioned in this subsection are hereby adopted and incorporated by reference. Copies of the NFPA publications can be obtained from the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(2) Apparatus used for training shall not be an active in-service apparatus. A reserve pumper, without duty crew assigned, is acceptable. A pumper permanently assigned for training is ideal.

(3) When it has been determined that a Certified Training Center is not in compliance with the requirements of Rules 69A-37.055, 69A-37.056 and 69A-37.060, F.A.C., with reference to its responsibilities, as evidenced by an inspection conducted by a Bureau of Fire Standards and Training Field Representative, certification shall be revoked until the recorded deficiencies procedures, or both, have been corrected.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.35, 633.38, 633.45 FS. History–New 9-7-81, Formerly 4A-37.18, 4A-37.60, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-10-01, Formerly 4A-37.060.

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69A-37.062 Procedures for State Firefighter Certification Examination Day. (1) Definitions. As used in this section: (a) “Bureau” means the Bureau of Fire Standards and Training of the Division of State Fire Marshal,

Department of Financial Services. (b) “Examiner” means the person administering the examination. (c) “Participant” means the person taking the examination. (d) “SCBA” means self-contained breathing apparatus. (e) “Training center” means the location at which the examination is being administered. (2) Preparation for Examination. (a)1. Training center staff shall have the apparatus and all equipment necessary for testing ready not

later than 0730 hours on the morning of the state examination. 2. All tools specified in Rule 69A-37.060, F.A.C., are required at the testing site on the examination

day. 3. It is recommended that two pallets be available for simulated roof or floor work. (b) Training center staff shall have the participants present and prepared for testing not later than 0730

hours on the morning of the state examination. (c) In the event of extreme or hazardous weather conditions that have the potential to compromise the

effectiveness of the examination or expose the participants to injury, the examiner shall have full authority to postpone the examination to another date to be determined by the Bureau.

(3) Examination Sequence. (a)1. Each participant shall be prepared to take any segment of the examination at any time during any

day set for testing. 2. The weather and number of participants will be considerations that can alter the examination

sequence. (b) The examiner is permitted to administer the examination in any sequence the examiner deems

necessary. (4) Dress Code. (a) All safety equipment, bunker gear, and other clothing as needed to participate in the state

examination shall be furnished by the training center or the participant. (b)1. Each participant shall wear at a minimum helmets, gloves, boots, and bunker pants while in the

practical examination or staging area. 2. The examiner is permitted to designate a rehab area where participants are allowed to dress down. (c) No bunker gear shall be worn in the classroom. (d) Any time the helmet is worn during practical testing: 1. The flap shall be down to protect the back of the neck. 2. Helmet straps shall be in place under the chin and tightened. (e) The helmet face shield shall be down to protect the eyes and face at any time the participant is

involved in testing or any other activity unless a SCBA face piece is worn. (f) Hoods are required during testing for proper donning of the SCBA and when participating in an

evolution requiring the use of the SCBA. (g) Sunglasses shall not be worn by participants in the practical examination area or in the classroom

unless they are corrective prescription lenses. (5) General Procedures. (a)1. Each participant not involved in the examination or assisting with assigned duties shall be in a

staging area. 2. Permission to leave the staging area for personal needs shall be requested of the examiner. (b) While in the staging area, each participant shall remain standing, observing, and prepared to

perform prescribed functions. (c)1. The individual practical examinations are timed separately but the participant shall be prepared to

begin upon reporting for each segment. 2. If a participant delays, the examiner shall inform the participant that the time will begin. (d) Before and after taking his or her part of the practical examination, each participant shall assist in

tasks assigned to the participant by the examiner or instructor in order to help the examination run safely and smoothly. Examiner or instructor supervision is required in these tasks.

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(e)1. An examiner or instructor shall operate and pump each apparatus used on examination days. 2. The dress of the day shall be jump suit or work type uniform, and shoes or boots. Shorts, sandals,

flip flops, and similar items of apparel or footwear are prohibited. (f) Use of tobacco products by any state examiner or any state certified instructor is not permitted if

such use can be viewed by any participant or other student. (g)1. When invited, an instructor is permitted to accompany the examiner while the individual practical

examination or team evolutions are being administered. 2. This instructor shall be properly attired, as directed by the examiner. 3. Each training center shall have an area designated as a staging area for visiting instructors. (h) Equipment shall not be abused. (i) Running is not permitted during the practical examination. (j) No unauthorized personnel are permitted in any test area. (k) No photographing, videotaping, or audiotaping of any test is permitted at any time under any

circumstances. (l) If an equipment malfunction occurs during the examination process, the participant will be stopped

without penalty. After a reasonable recovery time the examiner will determine where and how the participant will restart the evaluation process.

(m) The face piece and hood shall be part of the personal protective ensemble any time the participant has the SCBA tank on the participant’s back.

(n) A Personal Alert Safety System (PASS) shall be worn when a SCBA is used. (o) No verbal encouragement from any student or instructor shall be permitted during the practical

examination. (p) Any participant who is absent at the time the orientation begins for the practical portion of the

Minimum Standards State Certification Examination shall be required to take that portion of the examination at the Florida State Fire College during regional testing.

(q) Any participant who is absent at the time of the orientation begins for the written portion of the Minimum Standards Certification Examination shall be required to take that portion of the examination at the Florida State Fire College during the regional testing.

(6) Makeup Examinations. (a) Retests of written examinations are given quarterly at Regional Testing sites. (b) Retests of practical examinations or retests of written and practical examinations are given

quarterly at the campus of the Florida State Fire College. (c) The retest of the Minimum Standards State Certification Examination must be taken within 6

months of the initial examination date. (d) A person reporting to the Florida State Fire College for a retest of the practical examination must

have his or her own helmet, hood, gloves, boots, bunker coat, and bunker pants. It is recommended that each person bring his or her own SCBA.

(e) The dress code in effect at a training center on examination day applies during the Florida State Fire College regional retest examination.

(f) Safety: Firefighter safety is the paramount consideration of the Bureau.

Specific Authority 633.45 FS. Law Implemented 633.45 FS. History–New 12-10-01, Formerly 4A-37.062.

69A-37.063 Cheating. (1) Any student who has been determined to have cheated on any test or examination administered

under Chapter 633, F.S., this rule chapter, or Rule Chapter 69A-39, F.A.C., shall be required to retake the course for which the student was determined to have cheated before taking another examination.

(2) “Cheated on any test or examination” means intentionally using any unapproved means, method, technique, document, or instrumentality to take or challenge any test or examination administered by the Florida State Fire College.

(3) Any student alleged to have cheated on an examination against whom disciplinary action is sought is subject to proceedings under Chapter 120, F.S.

Specific Authority 633.45(1)(h) FS. Law Implemented 633.35(2), 633.45(1)(h) FS. History–New 12-10-01, Formerly

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4A-37.063.

69A-37.064 Florida State Fire College. (1) Purpose. The Florida State Fire College, hereinafter referred to as the “College,” shall offer basic,

intermediate, and advanced training and educational courses, develop educational curricula to be used by other fire-rescue training agencies, and conduct research into new methods and technologies related to fire-rescue activities.

(2) Categories of Programs. The College offers courses that fall into five general categories: academic, certification, certificate of competency, vocational, and non-credit.

(a) Academic program courses are defined as those courses at the college level, either lower division (freshman or sophomore) or upper division (junior or senior). The College offers these programs through approved articulation agreements with accredited colleges and universities.

(b) Certification program courses are defined as those courses whose completion is required prior to testing for State Certification in a program area.

(c) Certificate of competency program courses are defined as those courses whose completion is required prior to a state examination for competency in a program area.

(d) Vocational courses are defined as courses at the post-secondary level that provide skill development and professional development training.

(e) Non-credit programs are defined as continuing education short courses, specialty programs, seminars, symposia, and conferences designed to enhance or refresh previous training or to introduce new topics.

(3) Organization and Documentation of Programs. (a) Programs are defined as a series of two or more courses leading to a point of completion. (b) Courses are defined as a series of class meetings on a defined topic leading to a point of

completion. (c) The College issues certificates for individual courses and for successful completion of defined

programs. (d) The College, upon request, issues student transcripts that provide a complete history of all work

attempted or successfully completed at the College. (4) College Registration and Fees. (a) All prospective students shall submit a completed course application form and acceptable proof of

payment before being enrolled in any course. (b) The College sets minimum and maximum class sizes for all courses. 1. Any course that does not have the minimum number of students enrolled by an established cutoff

date shall be canceled. 2. Students shall be denied entry into a course that has already reached its maximum number of

enrolled students. (c) If a course is canceled, each student enrolled in the canceled course shall receive a refund. (d) If a student fails to appear for a course at its first meeting, all prepayment for that course shall be

forfeited. If the student provides advance written notice of nonattendance, the student shall receive a refund.

(e) The College shall withhold certificates, transcripts, and any other official documents for students who are in arrears for any tuition, books, fees, or ancillary services until such arrearages are paid in full.

(f) The College sets its tuition, fees, and prices at such a level as to recover reasonable costs and operate with fiscal responsibility.

(5) College Faculty. (a) Each full-time and part-time instructor, either teaching at the College or teaching on behalf of the

College at a remote location, shall possess appropriate teaching credentials for the course being delivered. (b) The College maintains credential records on all full-time and part-time instructors. These credential

records include copies of degrees, college transcripts, instructor certificates, and other documentation required to show subject matter expertise.

(6) Programs of Study. (a) The College shall establish and revise programs of study leading to various levels of certification.

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(b) The college shall also develop and revise individual courses to meet the needs of the state’s fire and emergency service providers.

(c) Such programs of study and individual courses shall be in compliance with the rules of the State Fire Marshal.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1)(d) FS. History–New 12-10-01, Formerly 4A-37.064.

69A-37.065 Programs of Study and Vocational Courses.

The following programs of study are developed and revised by the Florida State Fire College, pursuant to Sections 633.45 and 633.081, F.S.:

(1) Fire Apparatus Pump Operator Program. This program is intended to prepare students for service as fire department driver-engineers or equivalent positions.

(a) Length of Program. This program consists of not less than two courses, vocational or academic, of at least 80 hours of classroom instruction or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

(b) Content of Program. The program includes coursework in hydraulics for the fire service and fire apparatus pumping operations.

(c) Instructor Qualifications. 1. An Instructor I shall hold a state certificate of competency for Fire Apparatus Pump Operator. 2. An Instructor II or III may teach providing he or she has successfully completed the course. (d) Requirements for Certificate of Competency: 1. Successful completion of all required course work. 2. Passing a state examination with a score of 70% or higher. 3. Submission of the required application (Form DI4-1457), which is incorporated by reference in

paragraph 69A-37.039(2)(hh), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(2) Fire Officer Program. This program is intended to prepare students for service as fire department lieutenants, captains or equivalent positions and consists of Fire Officer I and Fire Officer II certificates of competency.

(a) Fire Officer I. 1. Length of Program. a. This program consists of no fewer than seven courses, vocational or academic, of at least 280 hours

or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training. b. Effective July 1, 2001 this program shall increase to eight courses of at least 320 hours or the

equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training. 2. Content of Program. a. The program includes coursework in firefighting tactics, leadership of fire companies, fire

prevention techniques, fire protection systems, and instructional methodology. b. After July 1, 2001, the program shall also include coursework in building construction and incident

management. 3. Instructor Qualifications. a. Instructor I must hold a state certificate of competency for Fire Officer I. b. Instructor II or III may teach provided he or she has successfully completed the course. 4. Requirements for Certificate of Competency: a. Successful completion of all required course work. b. Passing a state examination with a score of 70% or higher. c. Submission of the required application (Form DI4-1447), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) Fire Officer II. 1. Length of Program. This program consists of no fewer than eight courses, vocational or academic, of

not less than 320 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

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2. Content of Program. The program includes coursework in business writing, computer literacy, fire chemistry, origin and cause, fire department administration, legal and ethical issues, fire service instruction and public education or public information.

3. Instructor Qualifications. a. An Instructor I must hold a state certificate of competency as a Fire Officer II, b. Instructor II or III may teach provided he or she has successfully completed the course. 4. Requirements for Certificate of Competency: a. Successful completion of all required course work. b. Review of credentials by the Standards section of the Bureau of Fire Standards and Training. c. Must possess certificate for Fire Officer I. d. Submission of the required application (Form DI4-1448), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(3) Firesafety Inspector Program. This program is intended to prepare students for service as municipal fire inspectors or equivalent positions and consists of Firesafety Inspector I and Firesafety Inspector II.

(a) Firesafety Inspector I. 1. Length of Program. This program consists of no fewer than five courses, vocational or academic, of

not less than 200 clock-hours. 2. Content of Program. The program includes coursework in fire prevention practices, fire protection

systems, fire codes and standards, building construction, and review of building plans. 3. Instructor Qualifications. a. An Instructor I must hold certification as a Firesafety Inspector I. b. Instructor II or III may teach provided he or she has successfully completed the course. 4. Requirements for certification: a. Successful completion of all required course work. b. Passing a state examination with a score of 70% or higher. c. Submission of the required application (Form DI4-1023), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) Firesafety Inspector II. 1. Length of Program. This program consists of no fewer than four courses, vocational or academic, of

not less than 160 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

2. Content of Program. The program includes coursework in fire chemistry, fire protection systems, origin and cause, and public education or public information.

3. Instructor Qualifications. a. An Instructor I must hold a certificate of competency as a Fire Safety Inspector II. b. Instructor II or III may teach provided he or she has successfully completed the course. 4. Requirements for certificate of competency: a. Successful completion of all required course work. b. Certification as a Fire Safety Inspector I. c. Submission of the required application (Form DI4-1446), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(4) Fire Investigator Program. This program is intended to prepare students for service as fire investigators or equivalent positions and to provide additional education to ancillary service providers in the area of arson investigation. Fire Investigator I is open to any enrollment while Fire Investigator II is restricted to certified law enforcement officers, certified firefighters, and certified firesafety inspectors.

(a) Fire Investigator I. 1. Length of Program. This program consists of no fewer than four courses, vocational or academic, of

at least 160 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

2. Content of Program. The program includes coursework in fire chemistry, fire origin and cause, fire protection systems, and building construction.

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3. Instructor Qualifications. a. An Instructor I must hold a certificate of competency as a Fire Investigator I, b. Instructor II or III may teach provided he or she has successfully completed the course. 4. Requirements for certificate of competency: a. Successful completion of all required course work. b. Passing a state examination with a score of 70% or higher. c. Submission of the required application (Form DI4-1438), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(b) Fire Investigator II. 1. Length of Program. This program consists of no fewer than four courses, vocational or academic, of

at least 160 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

2. Content of Program. The program includes coursework in latent investigation, arson investigation, post-blast investigation, and legal issues for fire investigators.

3. Instructor Qualifications. a. An Instructor I must hold a state certificate of competency as a Fire Investigator II. b. Instructor II or III may teach provided he or she has successfully completed the course. c. An instructor for the legal issues course shall possess the Bachelor of Laws or Juris Doctor degree

and be an active member in good standing of The Florida Bar. 4. Requirements for certificate of competency: a. Successful completion of all required course work. b. Holding a certificate of competency as a Fire Investigator I. c. Submission of the required application (Form DI4-1439), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(5) Special State Firesafety Inspector Program. (a) Length of Program. This program consists of no fewer than three courses, vocational or academic,

of at least 120 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

(b) Content of Program. This program includes coursework in fire prevention practices, codes and standards, and a mutually agreeable elective as approved by the standards section of the Bureau of Fire Standards and Training. Such mutually agreeable elective shall be an elective which has been proposed by the student to the faculty, reviewed by the faculty to determine relevance of content and duration of delivery, and approved by the faculty to be taken by the student.

(c) Instructor Qualifications. 1. An Instructor I for certificate, 2. Instructor II or III may teach provided he or she has successfully completed the course. (d) Requirements for certification: 1. Successful completion of all required course work. 2. Passing a state examination with a score of 70% or higher. 3. Submission of the required application (Form DI4-1459), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(6) Fire and Lifesafety Educator Program. This program provides training in the area of fire and life safety education as specified by the National Fire Protection Association for Fire and Life Safety Educator I and Fire and Life Safety Educator II.

(a) Length of program. This program consists of no less than two courses, vocational or academic, of at least 64 hours or the equivalent of interactive instruction, as approved by the Bureau of Fire Standards and Training.

(b) Content of Program. This program provides instruction on presentation, preparation for presentation, juvenile firesetters, public information responsibilities and educational methodologies.

(c) Instructor Qualifications. 1. Instructor I for certificate,

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2. Instructor II or III may teach provided he or she has successfully completed the course. (d) Requirements for certificate of competency: 1. Successful completion of all required course work. 2. Passing a state examination with a score of 70% or higher. 3. Submission of the required application (Form DI4-1456), 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), F.A.C., with all supporting documentation and fees, to the Bureau of Fire Standards and Training.

(7) Vocational Program Courses. (a) These courses are developed and revised for individual delivery and are aimed at improving

specific skills and/or to enhance professional development. Each stands alone as an individual class. (b) Instructor Qualifications. 1. An Instructor I, II or III may teach these courses which have been developed by the Florida State

Fire College provided he or she has successfully completed the course. 2. Courses not developed or revised by the Florida State Fire College are subject to the instructor

requirements of the developing organization. (8) Requirements for Certification or Competency Examination. (a) In order for a person to be eligible to be tested, the required paperwork must be received by the

Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date for review, verification and approval.

(b) All testing will be accomplished at a Regional Testing Site quarterly or at the Florida State Fire College monthly.

(c) Retake examinations will be permitted at subsequent quarterly Regional Testing Sites or monthly at the Florida State Fire College.

(d) Application for retesting shall be received by the Bureau of Fire Standards and Training not less than 10 business days prior to the requested examination date.

(9) Triennial Renewal of Inspector and Special Inspector Certification. (a) Inspector and Special Inspector Certification must be renewed every 3 years. (b) Should the applicant fail to meet the prerequisite training requirements specified below for renewal,

the applicant must qualify for and successfully pass the required state examination for the appropriate inspector certification requested.

(c) The Bureau of Fire Standards and Training shall notify the certified inspector that the applicant’s certification is due for renewal approximately 30 days prior to the expiration of the Inspector Certification.

(d) The Certified Inspector shall submit the renewal application to the Bureau of Fire Standards and Training specifying whether the renewal is to be based on completion of a course or attendance at workshops or seminars.

1. Course – Have successfully completed an approved course of instruction in a curriculum related to the inspector certification.

a. This course shall be 40 class hours in duration or the equivalent in Continuing Education Units (CEU’s).

b. Verification of successful completion of the course shall be included with the renewal application. Acceptable forms of verification include copies of certificates and college transcripts.

2. Workshops or Seminars – In the absence of completion of an approved course, the certification renewal shall be based upon attendance at a workshop or seminar related to the inspector certification which shall be a cumulative total of not less than 40 contact hours in duration.

(e) Any person whose certification is not renewed cannot function as an inspector or special inspector as defined herein.

(f) It is the responsibility of the certified inspector to notify the Bureau of Fire Standards and Training of any address changes in writing.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.45(1)(d) FS. History–New 12-10-01, Formerly 4A-37.065.

69A-37.082 Purpose.

The purpose of this part is to implement Section 633.382, F.S., and to provide for the operation of the

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Firefighters Supplemental Compensation Program in the State of Florida, the application and administration thereof.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(1), (2) FS. History–New 1-3-90, Formerly 4A-37.082.

69A-37.083 Scope.

This part establishes procedures for eligibility requirements, enrollment procedures, cessation of, re-entry and forms for the Firefighters Supplemental Compensation Program.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Formerly 4A-37.083.

69A-37.084 Definitions.

For purposes of this part, terms used in Rules 69A-37.082-.089, F.A.C., are as defined in Section 633.382(1), F.S., and terms which are not otherwise defined in said statutes are defined as follows:

(1) “Accredited” means a post-secondary institution has received accreditation from an accrediting agency that is recognized by the U.S. Department of Education.

(2) “Eligible Associate Degree” means an Associate of Arts or Associate of Science degree conferred by a post-secondary institution in which the firefighter successfully completed at least 18 semester hours or 27 quarter hours of courses applicable to fire department duties as defined in subsection (5).

(3) “Eligible Bachelor’s Degree” means a bachelor’s degree conferred by an accredited post-secondary institution provided the major study concentration area is applicable to fire department duties, as defined in subsection (5).

(4) “Bureau” means the Bureau of Fire Standards and Training of the Division of State Fire Marshal of the Department of Financial Services.

(5)(a) “Applicable to fire department duties” means that the firefighter applicant’s fire chief or, if there is no fire chief, the chief administrative officer of the fire department within the employing agency reviews the applicant’s post-secondary institution transcript and certifies to the division that the associate or bachelor’s degree conferred upon the applicant relates to fire department duties included in the firefighter’s official position description.

(b) The determination as to whether the degree relates to fire department duties shall be based upon the completed coursework identified in the transcript and not solely upon the title of the degree conferred. The following standards and criteria shall be considered in determining the relationship between coursework required for degrees and fire department duties as contained in the position description:

1. All degrees with coursework establishing a direct relationship with fire science, emergency medicine, or emergency management are considered applicable to fire department duties.

2. Degrees containing coursework in the management or business arts or sciences as well as technical degrees containing coursework directly related to fire science or emergency medicine shall be considered for management positions within a fire department.

3. Degrees containing coursework in the criminology field as well as other arts or sciences containing coursework which bear a direct relationship with the technical duties of arson investigation shall be considered for arson investigators.

4. Special positions within a fire department such as public educator, training officer, fire inspector, fire department safety officer, hazardous materials officer, or other official position within a fire department not listed here have duties which allow for a wide variety of degrees to be considered. In each case, the relevance must be established based upon the relationship of the coursework required for the degree with the duties established in the position description.

(6) “Post-Secondary Institution” means Universities, Colleges, Community Colleges and Junior Colleges.

(7) “Supplemental Compensation” means monies paid to individual firefighters, as defined in Section 633.382(1)(c), F.S., and who meet the criteria and provisions set forth in Section 633.382(2) and (3), F.S., and this rule chapter.

(a) The Supplemental Compensation shall be in addition to any compensation now paid by an employing agency to any firefighter; and shall not be used to circumvent any current or proposed base

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salary increases. (b) No firefighter shall be eligible to receive compensation for more than one degree. If the firefighter

holds more than one eligible degree, compensation will be paid for the higher degree.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, 7-17-00, Formerly 4A-37.084.

69A-37.085 Eligibility Requirements for Supplemental Compensation.

To be eligible to receive the Supplemental Compensation provided for by Section 633.382(3), F.S., the following requirements must be met:

(1) Be a full-time certified firefighter in compliance with Section 633.35, F.S., and employed solely within the fire department of the employing agency as a full-time firefighter.

(2) Possess an eligible Associate or Bachelor’s Degree.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.085.

69A-37.086 Enrollment Procedures for Supplemental Compensation.

To receive the Supplemental Compensation provided for by Section 633.382(3), F.S., the following procedures must be followed:

(1) Firefighter must transmit completed “Transcript Request Form” to the Post-Secondary Institution from which the degree was conferred.

(2) Post-Secondary Institution shall transmit one official sealed transcript with “Transcript Request Form” to the Bureau of Fire Standards and Training.

(3) Firefighter must submit to the Bureau of Fire Standards and Training a complete job description from the employing agency.

(4) The Bureau of Fire Standards and Training will, upon approval of the transcript, send the “Official Acceptance Notification Form” to the employing agency with a copy to the firefighter. The Official Notification Acceptance Form, Form D14A-2 (9/91) (FSTE-2), is incorporated by reference in Rule 69A-37.089, F.A.C. This form must be received by the employing agency before the firefighter’s name can be included in the Supplemental Compensation Program.

Specific Authority 633.45(2) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.086.

69A-37.087 Cessation of Supplemental Compensation.

A firefighter shall become ineligible to receive Supplemental Compensation benefits under the following circumstances:

(1) If transferred to a position or reclassified and no longer serving in the capacity of full-time firefighter in compliance with Sections 633.30(1) and 633.35, F.S. However, a firefighter shall become eligible for re-entry into the Supplemental Compensation program if returned to a position as a full-time firefighter.

(2) If terminated from the employing agency. However, a firefighter shall become eligible for re-entry into the Supplemental Compensation program at the point when the firefighter is rehired by an employing agency.

(3) If the firefighter takes a leave of absence without pay. However, a firefighter shall become eligible for re-entry into the Supplemental Compensation program when the leave of absence without pay is completed and the firefighter returns to duty.

(4) If the firefighter is suspended without pay. However, a firefighter shall become eligible for re-entry into the Supplemental Compensation program if the suspension is repealed.

(5) If the firefighter loses his/her certification pursuant to Section 633.351, F.S. (6) Effective date of ineligibility shall be that date on which the firefighter ceases to receive

compensation from the employing agency for performing the duties of a full-time firefighter.

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(a) The “Notice of Ineligibility Form” is required to be submitted within ten (10) working days from the date a firefighter becomes ineligible. The Notice of Ineligibility Form, Form D14A-5 (10/89), (FSTE-4), is incorporated by reference in Rule 69A-37.089, F.A.C.

(b) Supplemental Compensation benefits will be prorated for the number of days worked for the month in which the firefighter becomes ineligible.

(c) It shall be the responsibility of the employing agency to notify the Bureau of Fire Standards and Training, prior to the next monthly disbursement of supplemental compensation funds, of any firefighters who are participating in the Supplemental Compensation Program and who become ineligible for any of the above circumstances.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.087.

69A-37.088 Eligibility Requirements for Re-Entry. (1) All provisions of Rules 69A-37.085 and 69A-37.087, F.A.C., must be met to be eligible for re-

entry into the Supplemental Compensation Program. (2) Supplemental Compensation benefits must be reapplied for by submitting “Re-Entry Into

Supplemental Compensation Program Form” to the Bureau of Fire Standards and Training for enrollment in the program. The Re-Entry Into Supplemental Compensation Program Form, Form D14A-6 (2/94) (FSTE-6), is incorporated by reference in Rule 69A-37.089, F.A.C.

(3) The “Official Acceptance Notification Form” will be sent to the employing agency verifying enrollment in the Program. This form must be received by the employing agency before the firefighter’s name can be included on the monthly “Requisition for Payment of Supplemental Compensation Form”.

(4) Benefits will begin on the date of reinstatement or re-entry into the fire service provided the “Re-Entry Into Supplemental Compensation Program Form” is received no later than ten (10) working days after the individual becomes eligible.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.088.

69A-37.089 Prescribed Forms. (1) The forms listed below are incorporated into, and made a part of, these rules by reference and shall

take effect on the effective date of these rules. Letter Form Number Description (a) DI Form 4A-1 (FSTE-1) Transcript Request Form (b) DI Form 4A-2 (FSTE-2) Official Acceptance Notification Form (c) DI Form 4A-3 (FSTE-3) Quarterly Report Form (d) DI Form 4A-4 (FSTE-4) Notice of Ineligibility Form (e) DI Form 4A-5 (FSTE-5) Re-Entry Into Supplemental Compensation

Program Form (f) DI Form 4A-6 (FSTE-6) Re-Entry Notification Form

(2) Copies of all forms listed in subsection (1) above may be obtained through the Florida State Fire

College, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.

Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2), (3), (5) FS. History–New 1-3-90, Formerly 4A-37.089.

69A-37.401 Definitions.

The following words or terms have the following definitions. (1) “Live Fire Training Instructor,” sometimes referred to as LFTI, means any person certified by the

Florida State Fire College as an Instructor I, II, or III who has completed the Live Fire Training Instructor program, and who has successfully passed the certification examination.

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(2) “Live Fire Adjunct Trainer,” sometimes referred to as “LFAT”, means any person certified by the Florida State Fire College as a Live Fire Adjunct Trainer.

(3) “Live Fire Training Instructor II,” sometimes referred to as “LFTI2”, means any person that meets all of the requirements for LFTI and has completed the Live Fire Training Instructor Task Book process with a Live Fire Master Trainer at a Certified Fire Training Center.

(4) “Live Fire Master Trainer” means any person certified by the Florida State Fire College as a Live Fire Training Instructor II and designated by the Director of a Certified Fire Training Center to oversee the Live Fire Training Instructor course at that facility.

(5) “Live Fire Training Instructor Course” means the 40-hour training program required to become a Live Fire Training Instructor. This program includes practical evolutions and is only available in a “live” traditional delivery format.

(6) “Live Fire Adjunct Trainer Course” means the 16-hour training program required to become a Live Fire Adjunct Trainer. This program includes practical evolutions and is only available in a “live" traditional delivery format.

(7) “Live Fire Training" means the training of certified firefighters or candidates for firefighter certification involving:

(a) Acquired structures, or (b) Permanent training structures, or (c) Liquid, gas fueled, or ordinary combustible fires or props involving fire that are beyond the

incipient stage and are not capable of being extinguished by the use of a single standard fire extinguisher. (8) “NFPA” means the National Fire Protection Association. (9) “Instructor in Charge,” sometimes referred to as IIC, means any person certified as an instructor

and designated by the authority having jurisdiction to be in charge of the live fire training evolution. (10) “Safety Officer,” sometimes referred to as SO, means any person appointed by the authority

having jurisdiction to maintain a safe working environment at all live fire training evolutions. The SO should not be confused with the “safety coordinator” as defined and used in Chapter 69A-62, F.A.C.

(11) “Student” means a current Florida certified firefighter or any individual undergoing training to become a Certified Firefighter I or a Certified Firefighter II.

(12) “These rules” means Part IV of Chapter 69A-37, F.A.C. Specific Authority 633.38, 633.45(2), 633.808, 633.821(6) FS. Law Implemented 633.45(1), 633.821 FS. History-New 10-5-06.

69A-37.402 Authorizations for Certified Personnel. (1) A Live Fire Training Instructor is permitted to serve in any position during live fire training. (2) A Certified Live Fire Adjunct Trainer is permitted to lead crews, operate safety lines and perform

in all other positions during live fire training except Instructor in Charge or Safety Officer. (3) A Live Fire Instructor Training Instructor II is permitted to provide training to certified instructors

under the auspices of a certified training center for both the "Live Fire Training Instructor" course and the "Live Fire Adjunct Trainer" course.

(4) To complete the course of instruction to become a Live Fire Training Instructor, the Live Fire Master Trainer must send a copy of the Task Book completed by the candidate to become a Live Fire Training Instructor to the Bureau of Fire Standards and Training which shall, after review, approve or disapprove the completed Task Book. If approved, the Bureau will then certify the individual as a Live Fire Training Instructor. If disapproved the Bureau will notify the Live Fire Master Trainer of its decision.

(5) A Live Fire Master Trainer is authorized to conduct: (a) The 40 hour Live Fire Training Instructor course, and (b) The Training program (i.e. the Task Book process) for current Live Fire Training Instructors to

become a Live Fire Training Instructor II, and (c) The Live Fire Adjunct Trainer course.

Each certified fire training center wishing to provide Live Fire Training Instructor courses shall appoint one certified Live Fire Training Instructor II to serve as the Live Fire Master Trainer for such facility.

(6) All requirements of Part II, Chapter 69A-37, F.A.C., must be met.

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(7) The initial exposure to live fire conditions in recruit training must be under the strict supervision and control of instructors currently certified by Part II, Chapter 69A-37, F.A.C. and in accordance with Rules 69A-37.401-.409, F.A.C., with immediate egress capabilities available at ground level. Specific Authority 633.821(6), 633.45(2), 633.38, 633.808 F.S. Law Implemented 633.821, 633.45(1) FS. History-New 10-5-06.

69A-37.403 Compliance with Other Applicable Laws, Rules. Student training as part of the Firefighter I or II program must comply with certified trainer to student ratios according to the edition of NFPA 1403 as adopted in these rules.

Specific Authority 633.38, 633.45(2), 633.808, 633.821(6) FS. Law Implemented 633.45(1), 633.821 FS. History-New 10-5-06.

69A-37.404 Requirements for Live Fire Training for Certified Personnel. (1) The Instructor in Charge (IIC) and the Safety Officer (SO) must each be certified as a Live Fire

Training Instructor. (2) Any other person identified as actually leading a crew inside a structure or in the immediate

proximity of an exterior prop and immediately supervising such training operations must be a Certified "Live Fire Adjunct Trainer."

(3) Any person operating a backup hoseline is not required to be any kind of a certified instructor or certified trainer.

(4) Each firefighter, regardless of tenure, shall be trained to constantly identify hazards and alternative escape routes during interior fire suppression operations, inclusive of training exercises.

(5) Live fire training in any structure must include instruction of the student in planning for a secondary means of egress or escape in case of an unexpected fire condition change. Prior to live fire training drills, each firefighter must identify two means of egress or escape from each area. No fire room shall be used when there are not at least two separate means of egress or escape available.

(6) Any room with limited access shall not be used for live fire training instruction. (7) Live fire used in training must not block the main or planned secondary exit of firefighters. (8) Emergency ventilation must be planned to limit fire spread and improve habitability. Neither the

primary nor secondary egress point is permitted to be used for normal room venting. (9) Each window used as a secondary means of egress shall have clear access, with the glass and

impedances such as frame cross members removed. Windows are permitted to be loosely boarded to allow ventilation and to be easily removed without tools from the inside or outside. No exterior obstruction shall impede egress.

(10) A safety team with a hoseline having sufficient flow, but with not less than a minimum of 95 GPM, to extinguish a fire involving the entire fire room must be in place to monitor the fire and the training personnel. The safety team shall at all times monitor the progress of the crew being trained.

(11) Training mannequins must be readily identifiable as such and shall not be dressed in structural firefighter protective clothing that is possible to confuse with the clothing of an actual firefighter.

(12) Thermal imaging equipment should be used to monitor fire conditions and the location of firefighters during fire training. Thermal imaging is a valuable tool for firefighter safety, for more rapid victim search and rescue, and for fire suppression operations in hostile structural fires.

(13) Every pumper or other unit equipped with a pump supplying hoselines during interior fire operations shall have an assigned qualified pump operator present at that unit in case immediate operational changes are necessary.

(14) All internal crews and command staff shall have working two way radio communications throughout the entire structure or hot zone prior to beginning any evolution. Operations shall be conducted on a dedicated radio channel that shall not be a channel used for dispatching or for any other use during live fire evolutions.

(15) The "two-in - two-out" rule shall at all times be in effect during any live fire training.

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(a) A minimum of two individuals shall be located outside the immediately dangerous to life and health (IDLH) atmosphere prepared to immediately make entry for the purpose of locating and rescuing a student or other person.

(b) The two-out personnel may each be assigned an additional role for the purpose of training fires that does not take him or her away from the immediate location or diminish his or her ability to immediately react; and such role shall not jeopardize the safety or health of anyone onsite by abandoning that other assignment.

(c) The Instructor In Charge, Safety Officer, and primary pump operator are not permitted to serve as members of the "two-out" personnel.

(16) The local emergency medical services (EMS) provider shall be apprised of the location and time of the evolution. Basic Life Support shall be provided on the scene and whenever possible Advance Life Support care and transport is recommended to be on scene. Planning shall include a landing zone for air transport, such as an emergency medical service helicopter.

(17)(a) The following portions of the 2002 edition of the National Fire Protection Association, Inc., Publication 1402, "Guide to Building Fire Service Training Centers," are hereby adopted and incorporated by reference:

1. 1402-7.2 Selecting an Architect/Engineer (A/E), 2. 1402-8.16 Emergency Care, 3. 1402-8.17 Building Maintenance, 4. 1402-10.2 Fire Temperature, and 5. 1402-11.3 Safety. (b) The codes and standards published by the National Fire Protection Association may be obtained by

writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in these rules are also available for public inspection during regular business hours at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 33482-1486.

(18)(a) The 2002 edition of the National Fire Protection Association, Inc., Publication 1403, "Standard on Live Fire Training Evolutions," is hereby adopted and incorporated by reference, excluding, however:

1. Any chapter entitled "Referenced Publications." 2. References to the National Fire Protection Association, Inc., Publication 1975, Station Uniform. 3. The National Fire Protection Association, Inc., Publication 1001, or any references to such

publication in the National Fire Protection Association, Inc., Publication 1975. 4. Any reference to an authority having jurisdiction in the National Fire Protection Association, Inc.,

Publication 1403, defined as the organization, office, or individual responsible for approving equipment, materials, installations, and procedures.

(b) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in these rules are also available for public inspection during regular business hours at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 33482-1486.

Specific Authority 633.38, 633.45(2), 633.808, 633.821(6) FS. Law Implemented 633.45(1), 633.821 FS. History-New 10-5-06.

69A-37.405 Requirements for Live Fire Training During Recruit Training. (1) The initial exposure to live-fire conditions in recruit training must be under the strict supervision

and control of the Instructor in Charge, with immediate egress capabilities available at ground level. (2) To observe basic fire behavior, each trainee shall be exposed to very basic props or scenarios and

progressively build to more complex scenarios that approximate realistic conditions. Specific Authority 633.821(6),633.45(2), 633.38, 633.808 FS. Law Implemented 633.821, 633.45(1) FS. History-New 10-5-06.

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69A-37.406 Certification Prerequisites for Live Fire Training Instructor Training. (1) The Instructor I and Firefighter II certifications are prerequisites for taking the Live Fire Training

Instructor certification examination. (2) The person must be sponsored by the agency for which they will utilize certification such as a

training center or fire department.

Specific Authority 633.38, 633.45(2), 633.808, 633.821(6) FS. Law Implemented 633.45(1), 633.821 FS. History-New 10-5-06.

69A-37.407 Live Fire Instructor Training. (1) All Live Fire Training Instructor training must be conducted by a certified Live Fire Training

Instructor II. (2) Training to be a Live Fire Training Instructor will be provided by the Florida State Fire College, or

by the agencies or institutions approved pursuant to the provisions of Sections 633.35(1) and 633.50, F.S., and Chapter 69A-37, F.A.C., inclusive of interior and exterior burn props.

(3) All Live Fire Training Instructor training must be completed by a certified Live Fire Training Instructor II under the direction of a Live Fire Master Trainer.

(4) Qualification by local agency for fixed facility operation. The local agency utilizing fixed gas fired or ordinary combustible type training buildings shall require all instructors to be trained and approved to operate said equipment in accordance with the manufacturer guidelines and local agency requirements. Specific Authority 633.821(6), 633.45(2), 633.38, 633.808 FS. Law Implemented 633.821, 633.45(1) FS. History-New 10-5-06.

69A-37.408 Live Fire Training Instructor Certification and Renewal. (1) Successful completion of a Florida State Fire College approved certification test encompassing

course objectives and materials with a passing score of 85% is required for certification. (2) For triennial renewal, a person is required to complete the 8 hour LFTI renewal course and each

person seeking renewal must have participated as a primary instructor, IIC, or SO during the three year period on a fully compliant live training fire exercise.

(3) Any Live Fire Training must be conducted with a properly certified instructor employed by or as a volunteer of a fire department in compliance with Rule 69A-62.006, F.A.C., or a training center in compliance with Rule 69A-37.060, F.A.C. Specific Authority 633.821(6), 633.45(2), 633.38, 633.808 FS. Law Implemented 633.821, 633.45(1) FS. History-New 10-5-06.

69A-37.409 Instructor Certification Revocation. Live Fire Training Instructor or Live Fire Training Instructor II Certification shall be revoked if:

(1) Any instructor certification renewal requirement is not met; (2) Medical treatment is not provided as a result of an omission in planning or if any participant is

abandoned during any live fire exercise; (3) Any prohibited material outside of the requirements of this rule and as defined in the adopted

portions of NFPA 1403 is permitted to be used for Live Fire Training; (4) The instructor does not comply with, or knowingly does not enforce, any safety rule in Rule

Chapters 69A-62 and 69A-60, F.A.C. (5) Full compliance with the adopted portions of NFPA 1403 is not met, excluding the identified

exceptions.

Specific Authority 633.38, 633.45(2), 633.808, 633.821(6) FS. Law Implemented 633.45(1), 633.821 FS. History-New 10-5-06.

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69A-38

UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL FACILITIES FOR

INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES

69A-38.018 Title.

These rules, comprising Rule Chapter 69A-38, F.A.C., shall be known as “The Uniform Fire Safety Standards for Residential Facilities for Individuals with Developmental Disabilities”.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.018.

69A-38.019 Purpose.

The purpose of this rule chapter is to comply with Section 393.067(7), F.S., which states that the Agency for Persons with Disabilities shall adopt rules relating to minimum standards for facilities including “uniform firesafety standards established by the State Fire Marshal which are appropriate to the size of the facility or of the component centers or units of the program.” This rule chapter establishes those uniform firesafety standards and specifies measures to provide a reasonable degree of public safety from fire in residential facilities for individuals with developmental disabilities. For purposes of brevity, these facilities will be referred to throughout these rules as “developmental disabilities facilities.” These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary inconvenience, or interference with the normal use and occupancy of a building, but at the same time insist upon compliance with a uniform standard for life safety necessary in the public interest, even though a financial hardship may result in some individual cases. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.019, Amended 7-30-07.

69A-38.020 Scope. (1) These rules apply to any residential developmental disabilities facility required to be licensed by

the Florida Agency for Persons with Disabilities, pursuant to Section 393.067, F.S., Rule 65B-38.005 and Chapter 65B-6, F.A.C. In any determination of the number of persons living in a facility, only those persons who are clients as defined in Section 393.13(4), F.S., shall be counted. Intermediate care facilities for the developmentally disabled are licensed by the Agency for Health Care Administration pursuant to Section 400.11 F.S., and Rule Chapter 59A-26, F.A.C. The Agency for Persons with Disabilities and the Agency for Health Care Administration are affected by these rules.

(2) These rules are concerned with life safety during fires and similar emergencies. They address particular matters of construction, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes, or panic before buildings are vacated. They specify the number, size and arrangement of exit facilities sufficient to permit prompt escape of occupants from buildings or structures in case of fire or other conditions dangerous to life.

(3) This rule chapter shall apply as follows: (a) Part II shall apply to any residential facility, as defined in Section 393.063(26), F.S., including any: 1. Group home facility, as defined in Section 393.063(16), F.S.; 2. Residential habilitation center, as defined in Section 393.063(28), F.S., and 3. Comprehensive transitional educational program, as defined in Section 393.063(8), F.S., which is

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providing room and board for individuals with developmental disabilities and that is required to be licensed by the Florida Agency for Persons with Disabilities, pursuant to Section 393.067, Florida Statutes, and Chapter 65B-6, F.A.C. These rules do not apply to day care centers or residential child-care facilities.

(b) Part III shall apply to intermediate care facilities for developmentally disabled persons, as defined in Section 393.063(20), F.S., which are licensed pursuant to Chapter 65B-38, F.A.C.

(c) Part IV shall apply to any: 1. Foster care facility as defined in Section 393.063(15), F.S., and 2. Group home facility as defined in 393.063(16), F.S., serving five or fewer clients and licensed

pursuant to Chapter 65B-6, F.A.C. Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.020, Amended 7-30-07.

69A-38.021 Discretionary Powers of the Authority Having Jurisdiction.

The authority having jurisdiction may modify these rules under the following conditions: (1) The provisions of NFPA 101A, “Alternative Approaches to Life Safety”, as referenced in Rule

69A-3.012, F.A.C., shall be considered acceptable as an alternative method. (2) Alternatives and equivalency shall be documented and such documents shall be provided to the

authority having jurisdiction and the property owner. Such documentation shall meet the requirements of Section 1-4 of NFPA-101 edition as adopted in Rule 69A-3.012, F.A.C.

(a) When alternatives/equivalencies are used a list of those fire code issues modified, identified and/or considered in the alternative/equivalency process shall be furnished to the authority having jurisdiction.

(b) IfNFPA 101A, is used to establish equivalency then the evaluation documentation shall be provided to the property owner and the authority having jurisdiction.

(c) A brief statement describing the alternative/equivalency concepts used and the results of these concepts with respect to fire code conditions that may not literally comply with required codes shall be furnished to the authority having jurisdiction.

(3) Alternative or equivalency determinations of existing facilities shall be considered during subsequent inspections for fire safety. If in the opinion of the authority having jurisdiction, the previous determinations are no longer applicable, then additional fire code requirements may be imposed. A brief statement describing the fire code requirements in light of previous alternative and equivalency determinations shall be provided.

(4) This section in no way should be considered to limit the authority having jurisdiction in granting or denying alternative/equivalency procedures or methodologies. Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.021, Amended 7-30-07.

69A-38.023 Standards of the National Fire Protection Association Adopted.

The standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, Chapter 32 for New and Chapter 33 for Existing, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to facilities for the developmentally disabled, except as modified by this rule chapter.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 9-22-92, 7-11-01, Formerly 4A-38.023.

69A-38.024 Documentation of Client’s Evacuation Status.

Documentation of Client’s evacuation status shall be based on the speed of evacuation. Speed of Evacuation is to be determined via documentation of actual emergency egress and relocation drills conducted with the Agency for Persons with Disabilities personnel present, as evidenced by their signature on at least two emergency egress and relocation drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to

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evaluate clients’ evacuation status. Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.024, Amended 7-30-07.

69A-38.025 Extinguishment Requirements.

When required by the provisions of NFPA 101, developmental disabilities facilities may use NFPA 13, “Standard for the Installation of Sprinkler Systems”, or NFPA 13D, “Standard for the Installation of Sprinkler Systems in One and Two-Family Dwellings and Mobile Homes”, or NFPA 13R, “Standard for the Installation of Sprinkler Systems in Residential Occupancies up to Four Stories in Height”, when applicable.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.025.

69A-38.026 Operating Features.

Each facility coming within the scope of PART II shall comply with Sections 32-7 or 33-7 of NFPA 101, whichever is applicable. Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.026, Amended 7-30-07.

69A-38.027 Special Features.

All facilities shall have all parts of the means of egress sufficiently sized to allow for emergency exiting of clients who may be confined in wheelchairs and or beds when applicable.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.027.

69A-38.028 Standards of the National Fire Protection Association Adopted. (1) The appropriate chapters of the standards of the National Fire Protection Association for life safety

from fire, as provided in NFPA 101, Life Safety Code, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to intermediate care facilities for the developmentally disabled, except as modified by this rule.

(2) The appropriate fire safety inspector shall verify the occupancy status by reviewing the license issued by the Agency for Health Care Administration or, in the case of a new facility, a copy of the application for licensure.

(3) Facilities for persons with developmental disabilities shall be inspected in accordance with the occupancy status as determined by the Agency for Health Care Administration as follows:

(a) New facilities with an occupancy status for providing personal care shall be governed by Chapter 32, and existing facilities shall be governed by Chapter 33.

(b) Facilities with an occupancy status for providing nursing or convalescent care shall be governed by Chapter 18 for new facilities and Chapter 19 for existing facilities. Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 9-22-92, 7-11-01, Formerly 4A-38.028, Amended 7-30-07.

69A-38.029 Documentation of Client’s Evacuation Status.

Documentation of a client’s evacuation status shall be based on the client’s speed of evacuation. Speed of evacuation is to be determined via documentation of actual emergency egress and relocation drills conducted with the Agency for Health Care Administration personnel present, as evidenced by their signature on at least two emergency egress and relocation drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate clients’ evacuation status. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.029,

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Amended 7-30-07.

69A-38.030 Operating Features.

Each intermediate care facility for the developmentally disabled shall comply with the appropriate operating procedures of NFPA 101. Unless otherwise authorized by the authority having jurisdiction, 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 routine. They shall be conducted no less frequently than once per month and shall be properly documented. Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 10-30-90, Amended 7-11-01, Formerly 4A-38.030, Amended 7-30-07.

69A-38.031 Special Features. (1) All facilities shall have all parts of the means of egress sufficiently sized to allow for emergency

exiting of clients who may be confined in wheelchairs and or beds when applicable. (2) Intermediate care facilities serving one to three clients, if their rate of evacuation is determined to

be impractical, shall be provided with a residential sprinkler system which meets the requirements of NFPA 13-D or 13-R as referenced in Rule 69A-3.012, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-30-90, Formerly 4A-38.031.

69A-38.032 Standards of the National Fire Protection Association Adopted. (1) The following portions of the National Fire Protection Association Standard 101, Florida edition,

Life Safety Code, Chapter 32 for new facilities and Chapter 33 for existing facilities, the edition as adopted by Rule 69A-3.012, F.A.C., shall be the uniform fire safety standards required for this state with respect to facilities for the developmentally disabled, except as modified by this rule:

(a) All of Chapter 24, “One and Two Family Dwellings,” except Section 24-3.4, “Detection, Alarm and Communication Systems.”

(b) Sections 32-3.3.4.7, 32-3.3.4.8, and 32-3.3.5.5 only, of Chapter 32. (c) Each foster care facility and each group home facility which does not meet the evacuation

capability of “prompt” but which does meet an evacuation capability of “slow” shall also comply with the requirements of Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, National Fire Protection Association (NFPA) 101, Florida edition, as adopted in Rule 69A-3.012, F.A.C., to be considered to have met the firesafety requirements under Rule 69A-38.032, F.A.C.

(d) During each fire exit drill, all occupants should evacuate the building on their own or with staff assistance or any other available assistance, as needed.

(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

69A-38.033 Documentation of Client’s Evacuation Status.

Documentation of client’s evacuation status shall be based on the speed of evacuation. Speed of Evacuation is to be determined via documentation of actual emergency egress and relocation drills conducted with the Agency for Persons with Disabilities personnel present, as evidenced by their signature on at least two emergency egress and relocation drill reports during the preceding year. As an alternative, the provisions of NFPA 101A, Chapter 5, the edition as adopted in Rule 69A-3.012, F.A.C., may be used to evaluate clients’ evacuation status. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

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69A-38.034 Operating Features. Each facility coming within the scope of PART IV shall comply with the appropriate operating feature provisions of Sections 32-7 or 33-7 of NFPA 101, whichever is applicable. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

69A-38.035 Emergency Egress and Relocation Drills. (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, as defined in NFPA 1, Section3.2.2, adopted by reference in Rule 69A-3.012, F.A.C., “the organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure,” is permitted to require an additional emergency egress and relocation drill in conjunction with an annual firesafety inspection.

(2) The purpose of each emergency egress and relocation drill is to familiarize each occupant with the procedures required for the safe, orderly, and expeditious exiting of the structure. All occupants shall exit the structure to a predetermined area of safety. The climate and weather conditions shall be taken into consideration when scheduling any emergency egress and relocation drill.

(3) Each emergency egress and relocation drill shall be conducted at an unexpected time and under varying conditions that may occur in the case of fires.

(4) During each emergency egress and relocation drill, all occupants shall evacuate the structure independently or with staff assistance or any other available assistance, as needed.

(5) Each emergency egress and relocation drill shall be applicable to all occupants of the facility with emphasis on the safe, orderly, and expeditious exiting under proper discipline.

(6) Any occupant subject to an emergency egress and relocation drill shall proceed to a predetermined location outside the building and remain there until all occupants are accounted for. Occupants are permitted to return to the structure only when allowed by the person conducting the emergency egress and relocation drill.

(7) The owner shall keep a record of each emergency egress and relocation drill on Form DFS-K4-1557, (rev. 03/20/03), “Record of Emergency Egress and Relocation Drill”, adopted by reference in subsection 69A-41.105(7), F.A.C. Copies of the form may be obtained by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The record shall list at a minimum:

(a) The date the drill was conducted; (b) The time of day the drill was conducted; (c) The amount of time, in minutes and seconds, that were required for all occupants to safely exit the

building, and (d) Any unusual circumstance, in narrative or outline form, affecting the safe, orderly

and expeditious exit from the building. (8) If the owner does not keep the record required by subsection (7) in the required manner, another

emergency egress and relocation drill must be performed as soon as possible and the results correctly recorded. In addition, the firesafety inspector shall advise the licensing agency that the facility is not maintaining compliance with the firesafety requirements. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

69A-38.036 Inspections. (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. (a) The initial inspection requirements shall be based on a prompt evacuation capability. (b) The evacuation capability for all subsequent inspections shall be based on an actual emergency

egress and relocation drill or the record of such drill conducted under the direct supervision of the Agency for Persons with Disabilities or the fire official.

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(2) The appropriate firesafety inspector shall conduct a firesafety inspection which must be determined to be satisfactory for each facility prior to the annual renewal of its license.

(3) The owner shall request from the AHJ a firesafety inspection at least 30 days in advance of license expiration.

(4) The AHJ or the Division is permitted to require additional firesafety inspections. (5) The owner shall be responsible for requesting all required firesafety inspections in writing or

electronic format, except for any additional firesafety inspections which may be required as provided in subsection (4). All verbal inspection requests shall be followed by a written or electronic verification.

(6) Each required firesafety inspection shall be completed by the AHJ, where available. (7) Any time there is no AHJ to perform a firesafety inspection, the owner shall notify the Division in

writing or in an electronic format. The Division shall inspect or cause the facility to be inspected in accordance with Section 633.022, F.S.

(8) A local firesafety inspector, or if no local firesafety inspector is available, a special state firesafety inspector, certified in accordance with Chapter 633, F.S., shall complete each required firesafety inspection.

(9) The inspecting authority shall provide a copy of each inspection report to the licensing agency within thirty days after completing the inspection.

(10) For the purpose of meeting the fire safety inspection requirements of this section, a foster home or group home shall comply with the following:

(a) Install smoke detectors in accordance with Section 24.3.4.1 of NFPA 101, Florida edition as adopted in Rule 69A-3.012, F.A.C.

(b) Fireplaces, heaters, radiators and other hot surfaces shall be shielded against accidental contact; (c) All heating appliances and other heating devices shall be properly vented; (d) Emergency evacuation instructions must be posted in a conspicuous location; (e) Be free of improperly stored combustible materials; (f) All exits and stairs shall be free of storage or obstructions affecting its use; (g) Be free of temporary electrical wiring, and (h) Have at least one working flashlight for each sleeping room.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

69A-38.037 Cooking Equipment; Exception.

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 for Ventilation Control and Fire Protection of Commercial Cooking Operations, the edition as adopted in Rule 69A-3.012, F.A.C. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

69A-38.038 Special Requirements. (1) Each facility shall have installed at least one portable fire extinguisher with a minimum rating of

2A-10BC. (2) No portable fuel-fired heaters shall be permitted unless the heater is listed by a testing laboratory

recognized by the United States Department of Labor, another state or regional regulatory authority, or rule of the Department, and approved for such use.

(3) No portable heaters shall be used in sleeping rooms. (4) All facilities shall have all parts of the means of egress sufficiently sized to allow for emergency

exiting of clients who may be confined in wheelchairs and or beds when applicable. Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-30-07.

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69A-39

FIRESAFETY INSPECTOR CERTIFICATION

69A-39.003 Types of Certification Available. (1) Firesafety Inspector Certification. This certificate is issued to Firesafety Inspectors who

successfully complete the Firesafety Inspector Training Course outlined in subsection 69A-39.005(1), F.A.C., and the certification examination prescribed by the Division.

(2) Inservice Firesafety Inspector. Individuals who successfully complete the Inservice Firesafety Inspector Training Course outlined in subsection 69A-39.005(2), F.A.C., and who are certified pursuant to Section 633.35, F.S., shall be eligible to perform Inservice Firesafety Inspections. Individuals who are eligible to perform Inservice Firesafety Inspections shall be listed on a roster of those successfully completing the Inservice Firesafety Inspection Course. Said roster shall be maintained by the employing agency.

(3) Special State Firesafety Inspector Certification. This certificate is issued to those who successfully complete the Special State Firesafety Inspector Training Course outlined in subsection 69A-39.005(3), F.A.C., and the certification examination prescribed by the Division.

Specific Authority 633.01 FS. Law Implemented 633.081(2), (3), (4) FS. History–New 11-21-83, Formerly 4A-39.03, Amended 8-2-88, 3-1-89, Formerly 4A-39.003.

69A-39.005 Minimum Curriculum Requirements for Firesafety Inspector Certification. (1) Firesafety Inspector Training Course. This course shall consist of not less than 200 hours of

training. The course curriculum shall consist of the following courses which shall be no less than 40 hours in duration:

(a) Fire Inspection Practices, (b) Private Protection Systems, (c) Blue Print Reading and Plans Examinations, (d) Codes and Standards, (e) Characteristics of Building Construction. (2) Inservice Firesafety Inspector Training Course. This course consists of a minimum of 24 hours of

training divided into two segments: (a) Part I – 16 hours, concise minimum curriculum requirements designed to provide each Inservice

Firesafety Inspector with an understanding of basic fire prevention concepts and inspection techniques including, but not limited to, courses such as Introduction to Fire Inspection, Fire Hazards and Causes, Building Construction Occupancy, Preparation for Inspections, Conducting the Inspection.

(b) Part II – 8 hours, introduction to employing agency’s inspection and reporting procedures and familiarization with local codes and ordinances.

(3) Special State Firesafety Inspector Training Course. The course curriculum shall consist of the following courses:

(a) FFP-1300 Codes and Standards (minimum 40 hours); (b) FFP-1200 Fire Prevention Practices (minimum 40 hours); and (c) A mutually agreeable 40 hour elective to be approved by the Bureau of Fire Standards and

Training. Such mutually agreeable elective shall be an elective which has been proposed by the student to the faculty, reviewed by the faculty to determine relevance of content and duration of delivery, and approved by the faculty to be taken by the student. If no elective is submitted for approval by the agency employing Special Firesafety Inspectors, the Fire College course which teaches 20 hours of Fire Protection

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Systems and 20 hours of Building Construction shall be the only acceptable alternative. (4) Persons are eligible to take the state certification examination as defined in Rule 69A-39.007,

F.A.C., after completion of FFP-1200 and FFP-1300, the remaining 40 hour class must be completed for the first CEU requirement following original certification in the first three year period.

Specific Authority 633.01 FS. Law Implemented 633.081(2), (3), (4) FS. History–New 11-21-83, Formerly 4A-39.05, Amended 8-2-88, 3-1-89, 10-23-90, 12-10-01, Formerly 4A-39.005.

69A-39.007 Procedures for Certification Examination.

In order for an individual to receive Firesafety Inspector Certification or Special State 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 following procedures must be adhered to:

(1) The applicant must submit the “Request for Certification Examination” form to the Division. (2) If approved, the applicant will be scheduled for the next available examination at a location

designated by the Bureau of Fire Standards and Training of the Division of State Fire Marshal. The applicant will receive written notification of the date, time, and location of the examination.

(3) If the request is denied, the student will receive written notification of denial, which will include the reason for such denial, and be subject to the provisions of Chapter 120, F.S.

(4) Upon completion of the certification examination, the applicant will be notified in writing of the result. A minimum score of 70 percent of the maximum total score is required for passing.

(a) If the applicant passes the examination, the certificate will be issued and mailed directly to the address on the application form.

(b) If the applicant fails the examination he or she must contact the Bureau of Fire Standards and Training and request to be scheduled for the next available examination. If after retaking the examination the applicant has not achieved the minimum passing score, he or she will be required to retake the entire training program before another examination will be administered.

Specific Authority 633.01 FS. Law Implemented 633.081 FS. History–New 11-21-83, Formerly 4A-39.07, Amended 8-2-88, 3-1-89, 12-10-01, Formerly 4A-39.007.

69A-39.009 Triennial Renewal of Firesafety Inspector Certification.

Firesafety Inspector Certificates and Special State Firesafety Inspector Certificates must be renewed every three years. Should the applicant fail to meet the prerequisite training requirements specified below for renewal, the applicant must then successfully complete the required examination for Firesafety Inspector or Special State Firesafety Inspector.

(1) The Division may notify the certified Inspector that his/her certification is due for renewal approximately thirty (30) days prior to the expiration of the Inspector’s Certification.

(2) The certified Inspector must submit the renewal application to the Bureau of Fire Standards and Training of the Division of State Fire Marshal specifying whether the renewal is to be based on examination, completion of a course or attendance at workshops and/or seminars.

(a) Course – Have successfully completed an approved course of instruction in a firesafety inspection-related curriculum. This course must be 40 class hours in duration or the equivalent in Continuing Education Units (CEU’s). Verification of successful completion of the course must be included with the renewal application. Acceptable forms of verification include copies of certificates and college transcripts.

(b) Workshops and/or Seminars – In the absence of completion of an approved course, the certification renewal may be based upon attendance at a workshop and/or seminar approved by the Bureau of Fire Standards and Training of the Division of State Fire Marshal which shall be a cumulative total of not less than 40 class hours in duration.

(c) Examination – In the absence of successful completion of an approved course or attendance at a workshop and/or seminar approved by the Bureau of Fire Standards and Training of the Division of State Fire Marshal, the certification renewal will be based upon successful completion of a Bureau of Fire Standards and Training of the Division of State Fire Marshal administered examination as prescribed by

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Rule 69A-39.007, F.A.C. The examination must be taken when the next available examination is given. In the event that the applicant for renewal fails the examination he/she shall be required to repeat the Firesafety Inspector Training Program or Special State Firesafety Inspector Program.

(3) Any person whose certification is not renewed cannot function as a Firesafety Inspector or Special State Firesafety Inspector as defined herein.

(4) It is the responsibility of the certified Firesafety Inspector or Special State Firesafety Inspector to notify the Bureau of Fire Standards and Training of the Division of State Fire Marshal of any address changes in writing.

Specific Authority 633.01(4) FS. Law Implemented 633.081 FS. History–New 11-21-83, Formerly 4A-39.09, Amended 8-2-88, 3-1-89, Formerly 4A-39.009.

69A-39.010 Required Forms for Training and Certification of Firesafety Inspectors.

The required forms for training and certification of firesafety inspectors are D14-1020, D14-1023, D14-1459, and D14-1463, the revisions as adopted in Rule 69A-37.039, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.081 FS. History–New 11-21-83, Formerly 4A-39.10, Amended 8-2-88, 3-1-89, 12-10-01, Formerly 4A-39.010.

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69A-40

UNIFORM FIRE SAFETY STANDARDS FOR ASSISTED LIVING FACILITIES

69A-40.022 Title.

These rules, comprising Rule Chapter 69A-40, F.A.C., shall be known as “The Uniform Fire Safety Standards for Assisted Living Facilities.”

Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.022.

69A-40.023 Purpose.

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 unnecessary inconvenience or interference with the normal use and occupancy of a building, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.023.

69A-40.024 Scope. (1) These rules apply 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 Chapter 58A-5, F.A.C., and include the intergenerational respite care assisted living facility created pursuant to Section 429.071, F.S. These rules do not apply to transient rentals, as defined in Section 212.03, F.S.

(2) These rules are concerned with life safety during fires and similar emergencies. They address particular matters of construction, protection and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes, or panic before buildings are vacated.

Specific Authority 633.01, 633.022 FS. Law Implemented 429.41, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.024, Amended 1-15-07.

69A-40.027 Definitions. (1) “Administrator” shall mean an individual who has general administrative charge of an assisted

living facility. (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(10), F.S. For firesafety purposes, the size of the facility is determined by the license as issued by the Agency for Health Care Administration.

(3) “Authority having jurisdiction” shall mean the governmental entity, organization, office, or individual responsible by law or ordinance to conduct and enforce uniform fire safety requirements in accordance with Section 633.022(2)(b), F.S.

(4) “Existing” shall refer to any assisted living facility that has been licensed prior to January 1, 1996. (5) “Final Administrative Interpreting Authority” shall mean the State Fire Marshal.

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(6) “Intergenerational Respite Care Assisted Living Facility” means a facility licensed pursuant to a 5 year pilot program established by the Agency for Health Care Administration to provide temporary personal, respite, and custodial care to minors and adults with disabilities and elderly persons with special needs who do not require 24-hour nursing services, and that provides respite care services for minors and adults with disabilities and elderly persons with special needs for a period of at least 24 hours but not more than 14 consecutive days, in which minors and adults reside in distinct and separate living units, with a maximum of 48 beds located in Miami-Dade County, and is operated as a not-for-profit entity.

(7) “NFPA” is the abbreviation for the National Fire Protection Association. (8) “Owner” shall refer to the person, partnership, association, or corporation that owns the assisted

living facilities enterprise, whether licensed or not. In the event a facility is operated by a person that leases the physical plant which is owned by another person, “owner” means the person that operates the facility. When the person that owns the physical plant is an affiliate of the person that operates the facility and has significant control over the day-to-day operation for the facility, he is considered an owner of the facility.

(9) “Point of Safety” shall be as defined in Chapter 22 and 23, NFPA 101, Life Safety Code, incorporated by reference in subsection 69A-40.028(1), F.A.C.

(10)(a) “Satisfactory Firesafety Inspection” shall mean there are no uncorrected firesafety deficiencies in the facility associated with fire alarm systems, installed fire sprinkler systems, or means of egress/escape components. For purposes of this definition, firesafety deficiencies associated with maintenance items, such as “an exit light burned out” or “an electrical wall outlet cover plate missing”, would not be considered as items for an unsatisfactory firesafety inspection.

(b) Facilities shall be granted a period of time to correct firesafety deficiencies that are determined by the firesafety authority having jurisdiction citing the deficiencies. The time periods granted shall be based on the risk to life and property created by the violation and the ease of correction. Those existing facilities that are required to install fire sprinkler systems shall be granted the time frames specified in Section 429.41(1)(a)2.i., F.S.

(c) During these time frames, the lack of a required fire sprinkler system shall not be grounds for denial of a “Satisfactory Firesafety Inspection.”

Specific Authority 633.01, 633.022 FS. Law Implemented 429.41, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.027, Amended 1-15-07.

69A-40.028 Standards of the National Fire Protection Association Adopted. (1) Assisted living facilities shall comply with Chapter 22 or 23, of the “Life Safety Code”, NFPA 101,

1994 Edition, adopted and incorporated herein by reference, except as modified by Chapter 429, F.S. (2)(a) When Chapters 22 and 23 of NFPA 101 Life Safety Code, 1994 edition, refer to other chapters

or sections of the Code or other NFPA standards, the referenced standard shall be as stated in chapter 32, NFPA 101, Life Safety Code, 1994 edition, as is adopted and incorporated in subsection (1) above. Those standards are adopted and incorporated by reference and are as follows: NFPA 10-1990, Standard for Portable Fire Extinguishers NFPA 13-1994, Standard for the Installation of Sprinkler Systems NFPA 13D-1994, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes NFPA 13R-1994, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and including Four Stories in Height NFPA 14-1993, Standard for the Installation of Standpipe and Hose Systems NFPA 25-1992, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems NFPA 30-1993, Flammable and Combustible Liquids Code NFPA 31-1992, Standard for the Installation of Oil Burning Equipment NFPA 40-1988, Standard for the Storage and Handling of Cellulose Nitrate Motion Picture Film NFPA 45-1991, Standard on Fire Protection for Laboratories Using Chemicals NFPA 54-1992, National Fuel Gas Code

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NFPA 58-1992, Standard for Storage and Handling of Liquefied Petroleum Gases NFPA 70-1993, National Electrical Code NFPA 72-1993, National Fire Alarm Code NFPA 80-1992, Standard for Fire Doors and Fire Windows NFPA 82-1994, Standard on Incinerators and Waste and Linen Handling Systems and Equipment NFPA 88A-1991, Standard for Parking Structures NFPA 90A-1993, Standard for the Installation of Air Conditioning and Ventilating Systems NFPA 90B-1993, Standard for the Installation of Warm Air Heating and Air Conditioning Systems NFPA 91-1992, Standard for Exhaust Systems for Air Conveying of Materials NFPA 96-1994, Standard for Ventilation Control and Fire Prevention of Commercial Cooking Operations NFPA 99-1993, Standard for Health Care Facilities NFPA 102-1992, Standard for Assembly Seating, Tents, and Membrane Structures NFPA 110-1993, Standard for Emergency and Standby Power Systems NFPA 111-1993, Standard on Stored Electrical Energy Emergency and Standby Power Systems NFPA 211-1992, Standard for Chimneys, Fireplaces, Vents and Solid Fuel Burning Appliances NFPA 220-1992, Standard on Types of Building Construction NFPA 241-1993, Standard for Safeguarding Construction, Alteration, and Demolition Operations NFPA 251-1990, Standard Methods of Fire Tests of Building Construction and Materials NFPA 252-1990, Standard Methods of Fire Tests of Door Assemblies NFPA 253-1990, Standard Methods of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source NFPA 255-1990, Standard Method of Test of Surface Burning Characteristics of Building Materials NFPA 256-1993, Standard Methods of Fire Tests of Roof Coverings NFPA 257-1990, Standard for Fire Tests of Window Assemblies NFPA 260-1994, Standard Methods of Tests and Classification Systems for Cigarette Ignition Resistance of Components of Upholstered Furniture NFPA 261-1994, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes NFPA 265-1994, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile Wall Coverings NFPA 701-1989, Standard Methods of Fire Tests for Flame-Resistant Textiles and Films NFPA 703-1992, Standard for Fire Retardant Impregnated Wood and Fire Retardant Coatings for Building Materials NFPA 1126-1992, Standard for the Use of Pyrotechnics before a Proximate Audience

(b) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269. All standards incorporated by reference in this rule are also available for public inspection during regular business hours at the Division of Fire Marshal, Larson Building, 200 East Gaines Street, Tallahassee, Florida.

(3) The Evacuation Capability Evaluation shall be in accordance with chapter 5, NFPA 101A, Guide on Alternative Approaches to Life Safety, 1995 edition, which is adopted and incorporated herein by reference.

Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.028.

69A-40.029 Evacuation Capability Evaluation. (1) The assisted living facility administrator shall conduct an “Evacuation Capability Evaluation” and

the local authority having jurisdiction shall validate the evacuation capability evaluation as required in Section 429.41(1)(a), F.S. For purposes of this section, “validate” shall mean that the evacuation capability evaluation forms are reviewed by the local authority having jurisdiction to insure completeness in accordance with Chapter 5, NFPA 101A, Guide on Alternative Approaches to Life Safety, 1995 edition, as incorporated in subsection 69A-40.028(3), F.A.C.

(2) Existing, licensed, sprinklered ALF’s are not required to conduct an evacuation capability

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evaluation. The State Fire Marshal’s office does recommend that evacuation capability be determined using a method acceptable to the local authority having jurisdiction over fire safety.

(3) Residents shall be permitted to relocate to a “Point of Safety” as defined in subsection 69A-40.027(9), F.A.C., and as specified in Section 429.41(1)(a)1.a., F.S. Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 429.41(1)(a), 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.029.

69A-40.031 Automatic Fire Sprinkler Systems.

All requirements relating to automatic fire sprinkler systems for assisted living facilities are identified in Section 429.41(1)(a),, F.S.

Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 429.41(1)(a), 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.031.

69A-40.033 Heating, Ventilating, and Air Conditioning Equipment.

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

Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.033.

69A-40.035 Code Conflict Resolution. (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 and identified in Section 553.73, F.S.

(2) Code enforcement conflict resolution of code issues cited by the Agency for Health Care Administration (AHCA) should be resolved between the Agency for Health Care Administration and the authority having jurisdiction.

(3) The State Fire Marshal’s Office is the final administrative interpreting authority and as such will render interpretations and explanations of the codes.

Specific Authority 633.01, 633.022 FS. Law Implemented 429.11, 633.022 FS. History–New 11-29-89, Amended 1-7-97, Formerly 4A-40.035.

69A-40.036 Fire Exit Drills. (1) An existing, unsprinklered ALF shall conduct fire exit drills monthly and at least twelve fire drills

shall have been conducted during the previous year (four times per year on each new shift). New facilities with eight or fewer residents and a “Prompt” evacuation capability evaluation shall follow the above guidelines. If a facility has been in operation less than one year, it shall be permitted to have conducted a fire drill for each month of its operation.

(2) A new or existing sprinklered ALF shall conduct at least six fire drills per year, one every two months, with a minimum of two drills conducted during the night when residents are sleeping.

(3) Facilities that are fully sprinklered and in compliance with other firesafety standards are not required to conduct more than one of the required fire drills between the hours of 11 p.m. and 7 a.m. per year.

(4) Residents shall be permitted to relocate to a “Point of Safety” as defined in subsection 69A-40.027(8), F.A.C., and as specified in Section 429.41(1)(a), F.S.

Specific Authority 633.01, 622.022 FS. Law Implemented 429.11, 633.022 FS. History–New 1-7-97, Formerly 4A-40.036.

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69A-40.037 Intergenerational Respite Care Assisted Living Facility. (1) The living area for any minor, including the available means of egress, shall be on the level of exit

discharge. (2) Each living area or portion of living area for personal use, comprised of bathrooms, bathing areas,

and sleeping areas serving minors, shall be served by exits separate from those serving other intergenerational respite care residents.

(3) Any exit designed to serve both minors and adults in any area other than the living area or portion of the living area for personal use referred to in subsection (2), such as living rooms and dining areas, shall be increased in size to 1.5 times the minimum required egress width. Specific Authority 633.01, 633.022 FS. Law Implemented, 429.41, 633.022 FS. History–New 1-15-07.

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69A-41

UNIFORM FIRE SAFETY STANDARDS FOR RESIDENTIAL CHILD CARE

FACILITIES

69A-41.001 Title. These rules, comprising Rule Chapter 69A-41, F.A.C., shall be known as “The Uniform Fire Safety Standards for Residential Child Care Facilities.”

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.01, Amended 9-24-90, 7-11-01, Formerly 4A-41.001.

69A-41.002 Purpose.

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 interference with the normal use and occupancy of a building, but at the same time insist upon compliance with a uniform standard for fire safety consistent with the public interest.

Specific Authority 633.01 FS. Law Implemented 409.175(5)(f), 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.02, Amended 9-24-90, 7-11-01, Formerly 4A-41.002.

69A-41.003 Scope. (1) These rules apply to any residential child care facility required to be licensed by the Florida

Department of Children and Family Services, 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 are under age 18. Programs which use such a facility include, but are not limited to, group homes which are administered by an agency, wilderness camps, maternity homes, (emergency shelters), and runaway shelters.

(2) These rules are concerned with life safety during fires and similar emergencies. They address particular matters of construction, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes, or panic before buildings are vacated.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.03, Amended 9-24-90, 7-11-01, Formerly 4A-41.003.

69A-41.006 Interpretation of this Rule Chapter.

The State Fire Marshal shall be the final administrative interpreting authority regarding the rules in this rule chapter.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-2-84, Formerly 4A-41.06, Repromulgated 9-24-90, Formerly 4A-41.006.

69A-41.007 Standards of the National Fire Protection Association Adopted.

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 with respect to residential child care

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facilities, including other buildings or structures located on the premises of said facilities.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.07, Amended 9-24-90, 7-11-01, Formerly 4A-41.007.

69A-41.011 Separation Requirements.

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.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.11, Amended 9-24-90, 7-11-01, Formerly 4A-41.011.

69A-41.012 Exits. (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 number of resident children is 16 or fewer.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.12, Amended 9-24-90, 7-11-01, Formerly 4A-41.012.

69A-41.013 Emergency Lighting. (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 exception does not apply to emergency shelter care, or to runaway and transient youth shelters.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.13, Amended 9-24-90, 7-11-01, Formerly 4A-41.013.

69A-41.014 Segregation and Protection from Hazards. (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 combustible liquids shall be limited to that required for maintenance and for any

equipment necessary to the operation of the facility and shall be stored in approved, closed and appropriately marked containers.

(b) If either flammable or combustible liquids in excess of 10 gallons in the aggregate are stored or dispensed on the premises of the facility, the facility shall comply with Chapter 4 of NFPA 30 Flammable and Combustible Liquids Code, the edition as adopted in Rule 69A-3.012, F.A.C.

(c) Notwithstanding the foregoing provisions, any hazardous operation or process may be conducted without protection in a detached structure sufficiently remote from the main building to avoid any danger to the occupants of the main building except that any protection necessary for the safety of the occupants of the detached structure must be provided. The detached structure shall be a minimum of 10 feet from any other occupied structures.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.14, Amended 9-24-90, 7-11-01, Formerly 4A-41.014.

69A-41.016 Furnishings and Decorations. (1) All residential child care facilities in which security is required shall use only mattresses having a

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fire retardant cotton core with a retardant outer cover. (2) Polyurethane mattresses are prohibited in all residential child care facilities.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.16, Amended 9-24-90, 7-11-01, Formerly 4A-41.016.

69A-41.017 Portable Fire Extinguishers.

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 from any other point in the facility.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.17, Amended 9-24-90, 7-11-01, Formerly 4A-41.017.

69A-41.019 Alarm and Detection Requirements. (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

continue to be manually operated, powered by the building electrical service, but it is not required to be electrically supervised.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.19, Amended 9-24-90, 7-11-01, Formerly 4A-41.019.

69A-41.020 Building Services and Equipment. (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 requirements of NFPA 101, 2000 edition, Section 9-2, as adopted in Rule Chapter 69A-60, F.A.C.

(3) No stove or combustion heater shall be so located as to block escape in case of malfunctioning of the stove or heater.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.20, Amended 9-24-90, 7-11-01, Formerly 4A-41.020.

69A-41.022 Storage, Trash, or Debris Underneath Structures.

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 occurrence.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-2-84, Formerly 4A-41.22, Amended 9-24-90, Formerly 4A-41.022.

69A-41.023 Tents.

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 material upon request.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 7-2-84, Formerly 4A-41.23, Amended 9-24-90, Formerly 4A-41.023.

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69A-41.024 Fire Exit Drills. Unless otherwise authorized by the authority having jurisdiction, as defined in Section 633.121, 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 routine. They shall be conducted no less frequently than once per month and shall be properly documented.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.24, Amended 9-24-90, 7-11-01, Formerly 4A-41.024.

69A-41.025 Fire and Emergency Plan.

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 633.121, F.S.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.25, Amended 9-24-90, 7-11-01, Formerly 4A-41.025.

69A-41.026 Wilderness Program.

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 ground shall be

required between tents or semi-permanent structures. (b) All tent coverings shall be made of fire retardant material or treated material. (c) All temporary structures built out of natural materials (such as lean-tos) shall observe safe

practices. (d) Trash, leaves, ground litter or debris shall be kept well clear of all tents, and shall not be allowed to

gather under the floor of semi-permanent structures. (e) All campfire areas shall have all ground fuel removed for a distance of five feet around the site and

shall be a minimum of 25 feet from tents or any other structure. (f) All fires in open areas shall be extinguished before leaving. (g) Any space heater used in a tent or in any other structure shall be of an approved type and shall be

located at least 36 inches away from any combustible materials and shall be insulated from the floor area. (h) Each site shall have a manual fire alarm such as a triangle bell or other device capable of being

heard throughout the site. (i) For primitive camping, backgrading and entrenching tools (for example, a shovel) must be readily

available for fire suppression. (j) In each organized group campsite, there shall be a minimum 55 gallon water supply and means of

transporting it to a fire. Water hydrants, with hose, where available, shall be located to cover the campsite and any structures thereon. The fire rack shall include at least the following items which are not used for other purposes: 2 shovels, 2 fire rakes, 2 fire flaps, 3 buckets and 1-55 gallon drum. This paragraph shall not apply to primitive camping.

(k) Storage. 1. Each campsite shall have a separate storage area for combustible and/or flammable liquids and for

combustible materials in excess of quantities needed for immediate use in the occupied areas. 2. Flammable and/or combustible liquids shall be stored at least 50 feet from fires or any structure,

shall be stored in approved, closed and appropriately marked containers, and shall be limited to that required for maintenance and equipment necessary to the operation of the campsite. The total amount of such storage shall not exceed 10 gallons.

3. If flammable or combustible liquids in excess of 10 gallons in the aggregate are stored or dispensed at the campsite, the storage shall comply with the provisions of NFPA 30, the edition as adopted in Rule 69A-3.012, F.A.C.

4. If a vehicle service station is located on the campsite, the storage shall comply with NFPA 30A, the edition as adopted in Rule 69A-3.012, F.A.C.

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(2) Fire Plan. Each wilderness camp administrator shall establish a written fire prevention, evacuation and suppression plan, and all staff and children shall be periodically instructed with respect to required procedures. The authority having jurisdiction may provide input to the plan to accomplish its intended purpose.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 7-2-84, Formerly 4A-41.26, Amended 9-24-90, 7-11-01, Formerly 4A-41.026.

69A-41.101 Scope. (1) These rules apply to any residential child care facility required to be licensed by the Florida

Department of Children and Family Services, 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 who are under age 18. Programs which use such a facility include, for example, group homes which are administered by an agency, wilderness camps, maternity homes, emergency shelters, and runaway shelters.

(2) These rules address life safety during fires and similar emergencies. They address particular matters of construction, protection, and occupancy of buildings to minimize danger to life from fire, smoke, fumes or panic before buildings are vacated.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.101.

69A-41.102 Definitions.

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 the local authority having firesafety and fire prevention jurisdiction which employs

or contracts with at least one firesafety inspector certified under Chapter 633, F.S. (4) “Division” means the Division of State Fire Marshal of the Department of Financial Services. (5) “NFPA” means the National Fire Protection Association. (6) “Child” means any unmarried person under the age of 18 years. (7) “Owner” means the person who is licensed to operate the child-placing agency, family foster home,

or residential child-caring agency.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022 FS. History–New 9-17-03, Formerly 4A-41.102.

69A-41.103 Standards of the National Fire Protection Association Adopted. (1) The following portions of NFPA 101, known as the Life Safety Code, 2003 edition, 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 equivalent to an outside window

or door which shall be openable from the inside, without the use of tools or a key and shall provide a clear opening of not less than 22 inches in the least dimension and a minimum of 5 square feet in area. The bottom of the opening shall be not more than 48'' above the finished floor;

(c) 24.2.3, 24.2.4, 24.3.4, 24.3.4.1, and 24.3.4.3. (2) The codes and standards published by the National Fire Protection Association may be obtained by

writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-

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03, Formerly 4A-41.103.

69A-41.104 Occupancy Capacity of Each Facility.

The total number of children shall be as determined in accordance with Section 409.175(3)(a), F.S.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.104.

69A-41.105 Emergency Egress and Relocation Drills. (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 permitted to require an additional emergency egress and relocation drill in conjunction with an annual firesafety inspection.

(2) The purpose of each emergency egress and relocation drill is to familiarize each occupant with the procedures required for the safe, orderly, and expeditious exiting of the building or structure. All occupants shall exit the building or structure to a predetermined area of safety. The climate and weather conditions shall be taken into consideration when scheduling any emergency egress and relocation drill.

(3) Each emergency egress and relocation drill shall be conducted at an unexpected time and under varying conditions that may occur in the case of fires.

(4) During each emergency egress and relocation drill, all occupants shall evacuate the building independently or with staff assistance or any other available assistance, as needed.

(5) Each emergency egress and relocation drill shall be applicable to all occupants of the facility with emphasis on the safe, orderly, and expeditious exiting under proper discipline.

(6) Any occupant subject to an emergency egress and relocation drill shall proceed to a predetermined location outside the building and remain there until all occupants are accounted for. Occupants are permitted to return to the building only when allowed by the person conducting the emergency egress and relocation drill.

(7) The owner shall keep a record of each emergency egress and relocation drill on Form DFS-K4-1557, (rev. 03/20/03), Record of Emergency egress and relocation drill, which is hereby adopted and incorporated into these rules by reference. Copies of the form may be obtained by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The record shall list as a minimum:

(a) The date the drill was conducted. (b) The time of day the drill was conducted. (c) The amount of time, in minutes and seconds, that were required for all occupants to safely exit the

building. (d) Any unusual circumstance, in narrative or outline form, affecting the safe, orderly and expeditious

exit from the building. (8) If the owner does not keep the record required by subsection (6), or keeps it in a manner that is

incomplete, incorrect, or otherwise does not contain the required information, another emergency egress and relocation drill must be performed as soon as possible and the results correctly recorded. In addition, the firesafety inspector shall advise the licensing agency that the facility is not maintaining compliance with the firesafety requirements.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.105.

69A-41.106 Inspections. (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 inspection at least 30 days in advance of license

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expiration. (3) The AHJ or the Division is permitted to require additional firesafety inspections. (4) The owner shall be responsible for requesting all required firesafety inspections in writing or

electronic format, except for any additional firesafety inspections which may be required as provided in subsection (3). All verbal inspection requests shall be followed by a written or electronic verification.

(5) Each required firesafety inspection shall be completed by the AHJ, where available. (6) Any time there is no AHJ to perform a firesafety inspection, the owner shall notify the Division in

writing or in an electronic format. The Division shall inspect or cause the facility to be inspected in accordance with Section 633.022, F.S.

(7) A local firesafety inspector, or if no local firesafety inspector is available, a special state firesafety inspector, certified in accordance with Chapter 633, F.S., shall complete each required firesafety inspection.

(8) The inspecting authority shall provide a copy of each inspection report to the licensing agency within thirty days after completing the inspection.

(9) For the purpose of meeting the fire safety inspection requirements of this subsection, a family foster home shall comply with the following:

(a) Install smoke detectors in accordance with Section 24.3.4.1 of NFPA 101, 2003 edition; (b) Fireplaces, heaters, radiators and other hot surfaces shall be shielded against accidental contact; (c) Sleeping rooms shall have a primary and secondary means of escape in accordance with paragraph

69A-41.103(1)(b), F.A.C.; (d) All heating appliances and other heating devices shall be properly vented; (e) Emergency evacuation instructions must be posted in a conspicuous location; (f) Conduct emergency egress and relocation drills in accordance with Rule 69A-41.105, F.A.C.; (g) Be free of improperly stored combustible materials; (h) All exits and stairs shall be free of storage or obstructions affecting its use; (i) Be free of temporary electrical wiring; (j) Have at least one working flashlight for each sleeping room; (k) Comply with Rules 69A-41.107 and 69A-41.108, F.A.C., of this rule chapter.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.106.

69A-41.107 Cooking Equipment; Exception.

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 for Ventilation Control and Fire Protection of Commercial Cooking Operations, the edition as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.107.

69A-41.108 Special Requirements. (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.

Specific Authority 409.175(6)(f), 633.01(1) FS. Law Implemented 409.175(6)(f), 633.022(1)(b) FS. History–New 9-17-03, Formerly 4A-41.108.

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69A-42

UNIFORM FIRE SAFETY STANDARDS FOR MOBILE HOME PARKS AND RECREATIONAL VEHICLE PARKS

69A-42.001 Title.

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.”

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 5-1-84, Formerly 4A-42.01, Repromulgated 8-1-90, Formerly 4A-42.001.

69A-42.002 Purpose. 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 the provisions of Section 633.01(4), F.S., are specifically applicable to existing mobile home parks. These rules try to avoid requirements that might result in unreasonable hardships or unnecessary inconveniences or interference with the normal use of the facilities.

Specific Authority 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 5-1-84, Formerly 4A-42.02, Amended 8-1-90, 9-6-01, Formerly 4A-42.002.

69A-42.003 Definitions.

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 633.121, F.S. (2) “Approved” shall mean materials, devices, construction, and/or installations accepted by the

authority having jurisdiction under the provisions of these rules by reason of tests or investigations conducted by it or by an agency satisfactory to the authority, based upon nationally accepted test standards or principles.

(3) “Mobile Home Park” shall mean a place set aside and offered by a person or public body for the parking or accommodation of six or more mobile homes utilized for sleeping or eating for either direct or indirect remuneration to the owner, lessor, or operator of such place.

(4) “Recreational Vehicle Park” shall mean a place set aside and offered by a person or public body for the parking and accommodation of six or more recreational vehicles utilized for sleeping or eating for either direct or indirect remuneration to the owner, lessor, or operator of such place, and also includes buildings and sites set aside for group camping and similar recreational facilities.

Specific Authority 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 5-1-84, Formerly 4A-42.03, Amended 8-1-90, 9-6-01, Formerly 4A-42.003.

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69A-42.004 Discretionary Powers of the Authority Having Jurisdiction. The authority having jurisdiction may modify these rules under the following conditions:

(1) Any modification of these rules shall be allowed only in existing buildings and to the extent that, in the opinion of the authority having jurisdiction, it is clearly evident that a reasonable degree of safety to life and property from the hazards of fire, explosion, and panic is provided and maintained under the modification.

(2) The authority having jurisdiction may allow alternative arrangements to accomplish this degree of safety, but in no case shall the modification afford less safety to life than compliance with the corresponding provisions contained in these rules for existing buildings.

(3) Nothing in these rules is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety to those prescribed by the authority having jurisdiction so long as the system, method, or device is of demonstrated equivalency and is approved for the intended purpose.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 5-1-84, Formerly 4A-42.04, Repromulgated 8-1-90, Formerly 4A-42.004.

69A-42.005 Standards of the National Fire Protection Association Adopted. (1) The standards of the National Fire Protection Association, Standard for Fire Safety Criteria for

Manufactured Home Installations, Sites, and Communities NFPA 501A, the edition as adopted in Rule 69A-3.012, F.A.C., and Standard for Fire Safety Criteria for Recreational Vehicle Parks and Campgrounds, NFPA 1194 the edition as adopted in Rule Chapter 69A-3, F.A.C., shall be the “Uniform Fire Safety Standards for Mobile Home Parks and Recreational Vehicle Parks”.

(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 5-1-84, Formerly 4A-42.05, Amended 8-1-90, 9-6-01, Formerly 4A-42.005.

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69A-43

UNIFORM FIRE SAFETY STANDARDS FOR TRANSIENT PUBLIC LODGING

ESTABLISHMENTS, TIMESHARE PLANS, AND TIMESHARE UNIT

FACILITIES'

69A-43.001 Title. 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.”

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.01, Amended 5-14-91, 9-6-01, Formerly 4A-43.001.

69A-43.002 Purpose.

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-share plan” or “time share unit.” These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary inconvenience, or interference with the normal use and occupancy of a building, but at the same time insist upon compliance with a uniform standard for life safety necessary in the public interest.

Specific Authority 509.215(7), 633.01, 721.24(5) FS. Law Implemented 509.215, 633.022, 721.24 FS. History–New 11-12-85, Formerly 4A-43.02, Amended 5-14-91, Formerly 4A-43.002.

69A-43.003 Scope.

These rules apply to any transient public lodging establishment as defined and licensed by the Department of Business and Professional Regulation under subsections (4) and (10), of Section 509.013, F.S., and any time-share unit or time-share plan as defined in subsections (33) and (35) of Section 721.05, F.S.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.03, Amended 8-24-87, 5-14-91, 5-23-94, 9-6-01, Formerly 4A-43.003.

69A-43.004 Definitions.

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 conducted by it or by an agency satisfactory to the authority, based upon nationally accepted test standards or principles; or to:

(b) Occupancy or use accepted by the authority having jurisdiction under the provisions of these rules by reason of the submission of adequate proof of conformity with the basic requirements of the State Fire

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Marshal’s Rules. (2) “Authority having jurisdiction” shall mean the Division of Hotels and Restaurants, Department of

Business and Professional Regulation, and the local governmental entity, organization, office, or individual responsible for approving equipment, an installation, or a procedure.

(3) “Date the construction contract is let” means the date the permit is issued to begin construction. (4) “NFPA” is the abbreviation for the National Fire Protection Association. (5) “Public Lodging Establishment” means any establishment classified as a hotel, motel, resort

condominium, non-transient apartment, transient apartment, roominghouse or resort dwelling as defined in Section 509.242(1), F.S.

(6) “One Family Dwelling” means a detached building containing no more than one living unit which is rented for transient occupancy to a single party at a time, containing no cooking or sanitary facilities in common with any other dwelling.

(7) “Two Family Dwelling” means a detached building containing no more than two separate and distinct living units which are separately rented for transient occupancy to a single party at a time, neither of which contain cooking or sanitary facilities in common with each other or any other dwelling.

(8) “Sleeping Room” means a room that has the sole purpose of providing sleeping facilities, commonly referred to as a “bedroom,” and does not include living rooms or dens having sofas that convert to beds.

Specific Authority 509.215(3), (7), 633.01, 721.24(5) FS. Law Implemented 509.215, 509.215(3), 509.242(1), 633.022, 633.022(2), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.04, Amended 8-24-87, 5-14-91, 5-23-94, Formerly 4A-43.004.

69A-43.005 Interpretation of this Rule Chapter.

The State Fire Marshal shall be the final administrative interpreting authority regarding the rules in this rule chapter.

Specific Authority 509.215(7), 633.01 FS. Law Implemented 509.215(7), 633.01, 633.022, 721.24 FS. History–New 11-12-85, Formerly 4A-43.05, 4A-43.005.

69A-43.009 Automatic Smoke Detection Requirements. (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 3 stories in height shall be approved UL 217, listed single station smoke detector. Existing facilities may continue to use battery powered smoke detectors provided they are tested on a regular basis in accordance with paragraph (b) and replaced in accordance with the manufacturer’s recommendations, as required in Section 2-6 of NFPA 72, the edition as adopted in Rule 69A-3.012, F.A.C., but not less than once every twelve (12) months. New facilities shall have the detectors powered by the building electrical service with a rechargeable battery as a secondary power supply in compliance with NFPA 72, Section 1-5.2.6, the edition as adopted in Rule 69A-3.012, F.A.C.

(a) All such smoke detectors shall comply with NFPA 72, Section 2-3, the edition as adopted in Rule Chapter 69A-3, F.A.C.

(b) Battery powered, single station smoke detectors, where used, shall be tested and inspected not less frequently than once per week. A log of the required tests and inspections shall be kept and available to the authority having jurisdiction at any time. This log shall include, but not be limited to, the following information and any other information as may be required by the authority having jurisdiction;

1. A list, clearly identifying each individual detector by its physical location. 2. The date of each required test & inspection. 3. The identity and signature of the inspector. 4. The result of each test & inspection. 5. The completion date and form of any maintenance performed. 6. The completion date and form of any corrective measures taken for each improperly functioning

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device. 7. A copy of the manufacturer’s recommended maintenance schedule and procedures. (c) At such time that the authority having jurisdiction finds cause to believe that the requirements of

paragraph (a) or (b) are not being fulfilled, detectors powered by the building electrical system shall be required.

(2) Specialized smoke detectors for the deaf and hearing-impaired as required by subsection (6) of Section 509.215, F.S., shall be listed by a nationally recognized testing laboratory for the intended use, and shall:

(a) Have a visual signaling appliance which has an effective intensity rating of at least 100 candela; and

(b) Be listed by a nationally recognized testing laboratory for the particular purpose of alerting the deaf and hearing impaired in the event of a fire.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.09, Amended 8-24-87, 5-14-91, 9-6-01, Formerly 4A-43.009.

69A-43.0095 Individually Annunciated at Panel.

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 occurrence of a single open or a single ground trouble condition in the installation conductors and their restoration to normal shall be automatically signaled as “trouble” at the panel in the supervised location.

(2) Trouble signals shall be audible and distinctive from alarm signals, and shall comply with NFPA 72, Section 1-5.4.6, the edition as adopted in Rule Chapter 69A-3, F.A.C.

(3) The annunciator system shall have primary power supplied in accordance with NFPA 72, Section 1-5.2.4, the edition as adopted in Rule Chapter 69A-3, F.A.C., and secondary power supplied in accordance with NFPA 72, Section 1-5.2.5, the edition as adopted in Rule Chapter 69A-3, F.A.C.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215, 633.01(1), 633.022(1)(b), 721.24(5) FS. History– New 5-14-91, Amended 9-6-01, Formerly 4A-43.0095.

69A-43.011 Standpipe and Hose Systems.

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 standpipe and hose systems shall comply with the provisions of NFPA 14, the edition as adopted in Rule 69A-3.012, F.A.C. Both standpipe and hose are required for those buildings which do not have sprinkler systems. A standpipe with no hose, but hose connections, is required for those buildings that do have sprinkler systems.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.11, Amended 8-24-87, 5-14-91, 9-6-01, Formerly 4A-43.011.

69A-43.014 Special Compliance Schedule.

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 longer grant any extensions for delayed installations.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.14, Amended 8-24-87, 5-14-91, 9-6-01,

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Formerly 4A-43.014.

69A-43.015 Historic Hotel Structures. (1) Any request to utilize the special provisions of subsection 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 of fire safety standards required by Section 509.215, F.S., and shall address other fire safety provisions pursuant to the authority of Section 633.01, F.S.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 11-12-85, Formerly 4A-43.15, Amended 8-24-87, 5-14-91, 9-6-01, Formerly 4A-43.015.

69A-43.018 One and Two Family Dwellings, Recreational Vehicles and Mobile Homes Licensed

as Public Lodging Establishments. (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 living unit shall comply with Chapter 24, One-Family and Two-Family Dwellings, of NFPA 101, Life Safety Code, as adopted in Chapter 69A-3, F.A.C., and incorporated by reference therein.

(2) Three family and four family dwellings licensed as public lodging establishments shall comply with Chapter 28, New Hotels and Dormitories or Chapter 29, Existing Hotels and Dormitories, of NFPA 101, Life Safety Code, as adopted in Chapter 69A-3, F.A.C., and incorporated by reference therein.

(3) Smoke detectors. (a) One and two family dwellings and mobile homes shall have an approved single station or multiple

station smoke detectors continuously powered by the house electrical system. (b) Recreational vehicles shall have an approved single station smoke detector continuously powered

by 120 volt electrical service. (c) In addition to paragraph (a) or (b) above, an approved single station smoke detector powered by the

building electrical system, and 120 volt AC electrical service for recreational vehicles, shall be provided in each sleeping room.

(d) To qualify as “approved,” smoke detectors shall be installed in accordance with NFPA 72, National Fire Alarm Code, the edition as adopted in Chapter 69A-3, F.A.C., and incorporated by reference therein.

(4) Means of egress. (a) Every one and two family dwelling, recreational vehicle or mobile home licensed as a public

lodging establishment shall have a minimum of one primary exit and one secondary means of escape. (b) The primary means of exit shall be a door, stairway, or ramp providing a means of unobstructed

exit travel to the outside of the dwelling, recreational vehicle or mobile home, at street or ground level. (c) The secondary means of escape shall be one of the following: 1. A door, stairway or ramp providing a way of unobstructed exit travel to the outside of the dwelling,

recreational vehicle or mobile home, at street or ground level that is independent of and remote from the primary means of exit; or

2. An outside window or door operable from the inside, without the use of tools or special equipment, that provides a clear opening having a minimum of 5.7 square feet of area with no dimension less than 20 inches in width or 24 inches in height. The bottom of the opening shall not be more than 44 inches off the floor. The opening must be directly accessible to fire department rescue apparatus or fire department extension ladder.

(d) The secondary means of exit and sleeping room smoke detectors are not required if the dwelling, recreational vehicle or mobile home is protected throughout by an approved automatic sprinkler system in accordance with NFPA 13, Standard for Installation of Sprinkler Systems, or NFPA 13D, Standard for the Installation of Sprinkler Systems in One and Two Family Dwellings and Mobile Homes, or NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies Up to Four Stories in Height,

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as adopted in Chapter 69A-3, F.A.C., and incorporated by reference therein. (5) The maximum occupancy load permitted for one and two family dwellings and mobile homes

licensed as public lodging establishments shall be computed at 150 square feet gross floor area per person. The occupancy load for recreational vehicles licensed as public lodging establishments will be the occupancy load designated by the manufacturer of the recreational vehicle, which shall be posted in the vehicle.

(6) Battery powered emergency lighting shall be provided for a period of not less than one (1) hour to illuminate the primary exit. The emergency lighting shall provide illumination automatically in the event of any interruption of normal lighting.

(7) Minimum acceptable portable fire extinguisher requirements shall conform to NFPA 10, as adopted in Rule 69A-3.012, F.A.C.

(8) A floor diagram reflecting the actual floor arrangement, primary exit location, secondary exit location and room identification shall be posted in a conspicuous location.

(9) A fire safety information pamphlet describing evacuation of the dwelling or vehicle, smoke detector information, procedures for reporting a fire or other emergency shall be provided to guests.

(10) Unvented fuel fired heaters shall not be utilized in one and two family dwellings, recreational vehicles or mobile homes licensed as public lodging establishments.

(11) Specialized smoke detectors for the deaf and hearing impaired shall be available upon request by guests in public lodging establishments at a rate of at least one such smoke detector per 50 dwelling units or portions thereof, not to exceed five such smoke detectors per public lodging facility, as provided in Section 509.215(8), F.S.

Specific Authority 509.215(7), 633.01, 633.022(1)(b), 721.24(5) FS. Law Implemented 509.215(7), 633.01(1), 633.022(1)(b), 721.24(5) FS. History–New 5-23-94, Amended 9-6-01, Formerly 4A-43.018.

69A-43.019 Standards of the National Fire Protection Association Adopted. (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 establishments,” as defined in paragraph (a) of subsection (4) of Section 509.013, F.S., which are “transient establishments,” as defined in subsection (10) of Section 509.013, F.S.

(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the National Fire Protection Association at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All codes and standards referenced in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Specific Authority 509.215(5) FS. Law Implemented 509.215 FS. History–New 9-15-02, Formerly 4A-43.019.

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69A-44

MINIMUM FIRE SAFETY STANDARDS FOR RESIDENTIAL ALCOHOL AND

DRUG ABUSE TREATMENT AND PREVENTION PROGRAMS, MENTAL HEALTH RESIDENTIAL TREATMENT

FACILITIES AND CRISIS STABILIZATION UNITS

69A-44.001 Title.

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”.

Specific Authority 394.879(2), 396.176(2), 633.01 FS. Law Implemented 394.879(2), 396.176(2), 633.01, 633.081 FS. History–New 7-12-87, Amended 9-1-91, Formerly 4A-44.001.

69A-44.002 Purpose.

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.

Specific Authority 394.879(2), 396.176(2), 633.01 FS. Law Implemented 394.879(2), 396.176(2), 633.01, 633.081 FS. History–New 7-12-87, Amended 9-1-91, Formerly 4A-44.002.

69A-44.003 Application. (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) These rules shall be applied as Uniform Fire Safety Standards as required by Chapter 633, F.S., for state-owned or state-leased facilities whose purpose is the same as those described in subsection 69A-44.003(1), F.A.C.

(3) Documentation of client’s status is determined by the facilities’ administration. Facilities shall maintain documentation for each client, which shall specify whether the client is capable or incapable of self-preservation in the event of a fire or other emergency. Documentation shall be completed and maintained as specified by the Florida Department of Children and Family Services. Health care facilities are exempt from this requirement.

Specific Authority 394.879(2), 396.176(2), 633.01, 633.022 FS. Law Implemented 394.879(2), 396.176(2), 633.01, 633.022, 633.081 FS. History– New 7-12-87, Amended 9-1-91, Formerly 4A-44.003.

69A-44.006 Definitions. (1) “Crisis Stabilization Unit” shall mean a mental health program housed in a facility providing an

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alternative to inpatient hospitalization and which provides brief, intensive services 24 hours a day, 7 days a week, for mentally ill individuals who are in an acutely disturbed state. Persons who reside in these units are considered to be incapable of self-preservation for the purpose of these rules.

(2) “Mental Health Residential Treatment Facility” shall mean a facility, other than a Crisis Stabilization Unit, providing residential care and treatment to individuals exhibiting symptoms of mental illness who are in need of a 24-hour, 7-day-a-week structured living environment, respite care, or long term community placement. “Residential treatment facility” shall also include short term residential treatment facilities for treatment of mental illness.

Specific Authority 394.879(2), 396.176(2), 633.01 FS. Law Implemented 394.879(2), 396.176(2), 633.01, 633.081 FS. History–New 7-12-87, Amended 9-1-91, Formerly 4A-44.006.

69A-44.009 Standards of the National Fire Protection Association Adopted.

The standards of the NFPA adopted in Rule Chapter 69A-3, F.A.C., shall constitute the minimum fire safety standards for facilities covered under this rule chapter.

Specific Authority 394.879(2), 396.176(2), 633.01 FS. Law Implemented 394.879(2), 396.176(2), 633.01, 633.081 FS. History–New 7-12-87, Amended 9-1-91, Formerly 4A-44.009.

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69A-46

FIRE PROTECTION SYSTEM CONTRACTORS AND SYSTEMS

69A-46.001 Scope.

The provisions of this part shall apply to those individuals wishing to be qualified by the State Fire Marshal as a contractor of fire protection systems in this state pursuant to the provisions of Section 633.521, F.S.

Specific Authority 633.01, 633.517(1) FS. Law Implemented 633.521, 633.524, 633.534 FS. History–New 10-14-86, Formerly 4A-46.001.

69A-46.010 Submission of the Application. (1) The applicant shall submit an application on a form furnished by the division which shall conform

with Section 633.534, F.S. (2) The application shall be accompanied by a fee as prescribed in Section 633.524, F.S. (3)(a) As a prerequisite to challenging the examination as a Contractor I, II, or III, the applicant shall

provide evidence of four (4) years proven experience in the employment of a Contractor I, II, or III, or a combination of experience and education equivalent thereto.

1. “Experience in the employment of a contractor”, as required by Section 633.521(3), F.S., must be gained from full-time employment by a contractor licensed as provided in Section 633.521, F.S., relating to technical areas. For purposes of this rule chapter, “technical areas” means those activities engaged in by a contractor and participated in by the applicant which provide experience in laying out, fabricating, installing, inspecting, altering, repairing, or servicing fire protection systems. For purposes of this rule chapter, four (4) years proven experience as a certified plumbing contractor, licensed pursuant to the provisions of Section 489.115, F.S., may be offered toward the experience requirements for a Contractor I or II and shall be considered equivalent to two (2) years proven experience in the employment of a contractor. A certified plumbing contractor shall offer no more than 4 years as a certified plumbing contractor toward the 4 years experience requirement in Section 633.521, F.S. The applicant’s experience must be verified by the contractor employing the applicant. The required verification shall be in the form of a letter from the employing contractor, on company stationery, attesting to the applicant’s duties, the kinds of jobs he worked on; his dates of employment; and any other information reasonably calculated to provide the division with an informed understanding of the applicant’s work experience. An applicant offering self-employment experience shall provide verification in the form of letters from customers, and others familiar with his work. It is the applicant’s responsibility to furnish the required verification. The experience will be evaluated to determine an applicant’s qualifications for the class of certificate requested; or,

2. The division will accept a current NICET Level III or IV certification as a Fire Protection Engineering Technician in the subfield of Automatic Sprinkler System Layout, for contractor I and II applicants, and will accept a current NICET Level III or IV certification as a Fire Protection Engineering Technician in the subfield of Special Hazards System Layout, for Contractor III applicants, issued by the National Institute for Certification in Engineering Technologies in Alexandria, Virginia; or,

3. The applicant can provide evidence of a combination of experience and education equivalent to four (4) years proven experience in the employment of a contractor. Acceptable education shall include, but not be limited to, a bachelor degree from a four (4) year college or university with a major in mechanical engineering, civil engineering, fire science engineering technology, or equivalent coursework; or an associate degree (2 years) with a major in fire science engineering technology or fire protection engineering technology. The applicant must furnish official transcripts to substantiate all degrees and coursework. The curriculum, degree, date degree awarded, and all engineering, fire science, and fire protection courses must

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be clearly identified on the transcripts. Acceptable experience to combine with the education offered shall be provided in the same form as required under subparagraph 1., above. For purposes of combining education and work experience, the number of hours worked in part-time employment will be counted as the appropriate percentage of full-time employment.

4.a. Applicants for certification as a Contractor I who are offering 4 years proven experience as a certified plumbing contractor as the equivalent of 2 years proven experience in the employment of a contractor shall combine that experience with a NICET Level III or IV certificate; or with 18 credit hours from a 4-year college or university, or a junior or community college in courses which teach the material in the National Fire Protection Association standards on which the applicant will be tested; or with other equivalent coursework.

b. Applicants for certification as a Contractor II who are offering 4 years proven experience as a certified plumbing contractor as the equivalent of 2 years proven experience in the employment of a contractor shall combine that experience with a NICET Level III or IV certificate; or with 15 credit hours from a 4-year college or university, or a junior or community college in courses which teach the material in the National Fire Protection Association standards on which the applicant will be tested; or with other equivalent coursework.

(b) As a prerequisite to challenging the examination as a Contractor IV, the applicant shall provide evidence of two (2) years proven experience in the employment of a Contractor I, II, or IV, or a combination of equivalent education and experience, which combination need not include experience in the employment of a contractor. For purposes of combining education and experience, education in the areas described in subparagraph (a)3., above, including at least 3 credit hours from a 4-year college or university or junior or community college in courses which teach the material in the National Fire Protection Association standards on which the applicant will be tested; or other equivalent coursework; and experience in the areas described in subparagraph (a)1., above, shall be provided. In addition, the division will accept a current NICET Level III or IV Certification as a Fire Protection Engineering Technician in the subfield of Automatic Sprinkler System Layout, issued by the National Institute for Certification in Engineering Technologies in Alexandria, Virginia.

(c) As a prerequisite to challenging the examination as a Contractor V, the applicant shall provide evidence of:

1. Licensing as a certified underground utility contractor, pursuant to the provisions of Chapter 489, F.S., which shall be submitted in the form of a copy of the license issued by the Department of Business and Professional Regulation, accompanied by a statement that the applicant certifies that he is the person named on the license; or

2. Four years experience in the employment of an individual licensed as a certified underground utility contractor or plumbing contractor pursuant to the provisions of Section 489.115, F.S., which shall be submitted in the form of a letter, on company stationery, signed by the certified underground utility contractor or plumbing contractor, attesting to the applicant’s duties; the kinds of jobs he worked on; his dates of employment; and any other information reasonably calculated to provide the division with an informed understanding of the applicant’s work experience; or

3. A combination of education and experience equivalent to four (4) years proven experience in the employment of a certified underground utility contractor or plumbing contractor. For purposes of combining education and experience, education in the areas described in paragraph (a)3., above, including at least 3 credit hours from a 4-year college or university or junior or community college in courses which teach the material in the National Fire Protection Association standards on which the applicant will be tested; or other equivalent coursework; and experience in the areas described in subparagraph (a)1., or subparagraph (c)1. or 2., above, shall be provided.

(d) For all classes of contractor applicants the division will accept other experience and education combinations which are equivalent to those described above.

(4) The applicant shall not be approved to challenge a competency examination unless the applicant has substantiated employment experience or a combination of employment and education. The applicant is encouraged to submit documentation of all relevant experience and education since each instance of a combination prerequisite must necessarily be decided individually. When the review of the application has been completed the applicant will be notified in writing whether or not he has qualified to challenge the competency examination in accordance with the provisions of Chapter 120, F.S.

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Specific Authority 633.01, 633.517(1) FS. Law Implemented 633.521, 633.524, 633.534 FS. History–New 10-14-86, Amended 12-21-88, 10-20-93, Formerly 4A-46.010, Amended 5-18-08.

69A-46.015 Testing. (1) An applicant who has been qualified to challenge an examination will be notified in writing of

available examination dates and examination locations. Upon receipt of a written request for a specific examination date, the applicant will be sent a notice of the exam date, time and location at least seven days prior to the scheduled exam. The applicant will be expected to challenge the exam on that day unless he or she submits a written waiver of his or her right to challenge the exam on that day and requests a later date.

(2) The examinations are multiple choice and open book. The examinations are based on relevant Florida and federal laws pertaining to the construction industry, safety standards, administrative procedures, pertinent technical data, and on standards of the National Fire Protection Association (NFPA). An applicant shall be notified of the study material required for the contractor class for which he has applied.

(3) Each applicant must provide his or her own NFPA standards and other resource materials for use during the exam. Applicants will not be allowed to share standards or materials during an examination.

(4) NFPA standards may be obtained from the National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02215. Sources for other materials will be listed on the information sheet supplied to each applicant before the examination.

(5) The applicant must bring positive identification, including identification containing the applicant’s photograph, to the exam.

(6) Examination grades and papers are confidential. Applicants will be notified of examination scores in writing only.

(7) Reexaminations will be scheduled no sooner than 30 days after any administration of an examination to an applicant. Each examination scheduled requires an examination fee as provided in Section 633.524, F.S.

(8) Upon successful completion of a competency examination an applicant must submit evidence of insurance coverage meeting the requirements of Section 633.521, F.S.

(9) Upon satisfactory completion of the application, testing and insurance requirements, a certificate will be issued. Specific Authority 633.01, 633.517(1) FS. Law Implemented 633.521 FS. History–New 10-14-86, Amended 12-21-88, 8-1-90, 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-46.015, Amended 5-18-08.

69A-46.016 Insurance Requirements. (1) The Fire Protection System Contractor I, II, III, IV, or V licensed pursuant to Section 633.521, F.S.,

shall provide evidence of current and subsisting insurance coverage meeting the requirements of Section 633.521, F.S., to the Regulatory Licensing Section on Form DFS-K3-25, Certificate of Insurance Fire Protection System Contractor, revised and dated 5-18-08, as adopted and incorporated herein by reference. This form is available from the Regulatory Licensing Section, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, FL 32399-0342.

(2) The licensed Fire Protection System Contractor I, II, III, IV, or V shall be responsible to ensure that current and subsisting insurance coverage meets the requirements of Section 633.521, F.S., and that an original signed Form DFS-K3-25, Certificate of Insurance is on file with the Regulatory Licensing Section.

(3) Failure to provide evidence of insurance coverage within 30 days of the expiration date of the policy or within 30 days of a notice to provide evidence of coverage shall result in administrative proceedings pursuant to Section 624.4211, F.S., as provided in subsection (4) of Section 633.521, F.S. and pursuant to Section 633.547, F.S. Specific Authority 633.01, 633.517(1), 633.521(4) FS. Law Implemented 633.521(4) FS. History–New 10-20-93, Amended 11-21-01, Formerly 4A-46.016, Amended 5-18-08.

69A-46.0165 Submission of the Application for a Water-Based Fire Protection Permit.

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(1) An individual employed by a Fire Protection System Contractor I or II who will be inspecting water based fire protection systems must be issued a permit by the State Fire Marshal in accordance with Section 633.521, F.S., to conduct such work.

(2) The applicant for a Water-Based Fire Protection Permit shall submit an application on Form DFS-K3-1794, “Application for Water-Based Fire Protection Inspector Permit,” (Effective: 5-18-08), incorporated herein by reference, and available from the Bureau of Fire Prevention, Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(3) The application shall be accompanied by a fee as prescribed in Section 633.524(1), F.S. (4) The application shall be accompanied by two current full-face color passport size photographs, and

a photocopy of the applicant’s driver’s license or identification card issued by the Florida Department of Highway Safety and Motor Vehicles. Each photograph shall have the name of the applicant printed legibly on the back of the photograph. Effective July 1, 2008, each application shall be accompanied by evidence that the applicant holds a NICET II in a subfield of Inspection and Testing of Water-Based Systems.

(5) Upon submission of a completed application, fee, and photographs, a permit and photo identification card will be issued to the applicant.

(6) Permittees must have a valid and subsisting permit upon their persons at all times while engaging in the inspection, testing, and maintenance of fire protection systems. The permit must be produced upon demand. A permittee may perform only those services authorized under the Fire Protection System Contractor I or II employing such permittee.

(7) A permit shall be valid solely for use by the holder thereof in his or her employment by the licensee under whose license the permit was issued. A permittee changing his or her employer or place of employment shall obtain a new permit under the license of the holder at the new place of employment. The licensee shall notify the Regulatory Licensing Section, in writing, of the termination of a permittee within fifteen days of the termination. A permit and photo identification card of an individual leaving the employment of a Fire Protection System Contractor I or II becomes void and inoperative on the date of termination, pursuant to Section 633.521, F.S.

(8) A Water-Based Fire Protection Inspector permittee must qualify and maintain a NICET II certification in a subfield of Inspection and Testing of Water-Based Systems as a condition to renewal effective July 1, 2008. Specific Authority 633.01, 633.517(1), 633.524(1) FS. Law Implemented 633.521(4) FS. History–New 5-18-08.

69A-46.017 Required Continuing Education. (1) Fire Protection System Contractors shall complete a continuing education course or combination of

courses in compliance with Section 633.537, F.S., within each biennial license period , except that a contractor who completes the competency examination and receives a license issued for 1 year or less shall be required to complete a continuing education course or combination of courses prorated at 50 percent of the required hours for a biennial license.

(2) The continuing education course or combination of courses shall be in a fire protection discipline related to the Certificate of Competency held by the Fire Protection System Contractor. All licensed Fire Protection System Contractors are required to complete an approved course or courses providing one hour of workplace safety, one hour of business practices, and one hour of a workers’ compensation as part of the required continuing education for each biennial renewal period.

(3) The course or combination of courses shall be conducted by persons approved by the Regulatory Licensing Section. Approval of such persons shall be based on the person’s training, experience and expertise in fire protection under Florida law. The instructor must be qualified by education or experience to teach the course, or parts of a course, to which the instructor is assigned. Any person with a four year college or graduate degree is qualified to teach any course in his or her field of study. Any state certified fire protection system contractor with at least five years’ experience may teach any technical course within the scope of the contractor license held; however, no contractor whose license is suspended or revoked as a result of administrative action shall teach or serve as a continuing education instructor. The Regulatory Licensing Section is not permitted to reject a course based upon the proposed instructor, but is permitted to approve a course contingent on certification that all instructors meet those minimum requirements before conducting the course and before advertising that the course is approved for continuing education credit.

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(4) Written instructional materials and any audio-visual aids must provide instruction relevant to fire protection under Florida law.

(5) The course or combination of courses shall be approved by the Regulatory Licensing Section. The Regulatory Licensing Section shall approve any course, seminar, or conference in the technical areas provided by any university, community college, vocational-technical center, public or private school, firm, association, person, corporation or entity which meets the criteria provided in this rule.

(6) The number of contact hours assigned to any course shall be determined by the Regulatory Licensing Section based on the course content and length of the course.

(a) Requests for approval shall be submitted on Form DI4-1239 (3/00), “Request for Approval of Fire Protection System Contractor Continuing Education Coursework” as adopted and incorporated herein by reference.

(b) Forms are available from and submissions shall be sent to: Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(c) Each Fire Protection System Contractor shall be notified by the Regulatory Licensing Section, in writing, if the coursework does not satisfy the continuing education requirement in Section 633.537, F.S. No notification will be given over the telephone.

(d) The application shall include the total number of classroom or interactive distance learning hours, the course syllabus, a detailed outline of the contents of the course, and the name and qualifications of all instructors. The Regulatory Licensing Section shall approve continuing education courses which appropriately relate to the technical skills required of fire protection contractors and contain sufficient educational content to improve the quality of the contractor’s performance and are taught by qualified instructors. Continuing education coursework approval shall be valid for two years from the date of issue, provided that no substantial change is made in the approved coursework.

(e) The number of classroom hours must be devoted to course content and does not include registration periods, meals, and keynote speakers or similar nonsubstantive time periods.

(f) Examples of courses which will be approved if the criteria and procedures of this rule are met: 1. Florida Fire Sprinkler Association meetings; 2. American Fire Sprinkler Association meetings; 3. NFPA meetings and seminars; and 4. Training sessions conducted by manufacturers. (g) The Regulatory Licensing Section shall approve continuing education courses within 90 days from

the date of receipt. Such approval will be based upon the submission of coursework which relates to the technical skills of the fire protection system contractors and which contains educational content to improve the quality of work being performed.

(h) Each approved course will be assigned a course number and the course will be identified by course title as submitted and the number of continuing education hours awarded. A listing of approved courses will be available from the Regulatory Licensing Section. The course list will include the course number, the course title, the course submitter, and the type of course.

(i) Within 90 days of the conclusion of each approved course, the organization or person offering the course shall inform the Regulatory Licensing Section that the course was completed and shall supply the Regulatory Licensing Section with a sign-in sheet or roster. The sign-in sheet or roster shall contain:

1. The course name; 2. The course number; 3. The course provider; 4. The date the course was offered; 5. The duration of the course; 6. The contractor’s name; 7. The contractor’s license number; 8. The contractor’s signature.

For interactive distance learning courses, in lieu of the original sign-in sheet required above, the course provider shall maintain and provide a record of the registration login, course access log, and course completion, which shall include the information required in subparagraphs 1. through 7., above. In lieu of providing a document bearing the contractor’s signature, the course provider shall provide the contractor’s identity verification data which shall include the contractor’s password and the contractor’s mother’s

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maiden name. (j) Each person who completes an approved course shall be issued a certificate of completion by the

course provider. The certificate of completion shall contain the name of the person who completed the course, the course provider’s name, the course name as approved by the Regulatory Licensing Section, the course number, the date the course was taken, and the number of continuing education hours awarded for the course as approved for the course by the Regulatory Licensing Section. The course provider shall maintain a list of the names and license number of each person who completes each course conducted by the course provider for four years from the date of the course.

(7) Each Fire Protection System Contractor is responsible for attending the appropriate course or courses and for maintaining proof of completion of the course or courses. Such proof shall be in the form of copies of certificates of completion awarded. The Regulatory Licensing Section will not accept any proof of completion except that submitted in accordance with subsection (8) below.

(8) Prior to the annual expiration of the Certificate of Competency, the Fire Protection System Contractor shall submit proof of completion of the required course or courses to the Regulatory Licensing Section. Submissions shall be submitted on a “Fire Protection System Contractor Continuing Education Coursework” form, DFS-K3-1240 (5-18-08) as adopted and incorporated herein by reference. Forms are available from and submissions shall be sent to: Regulatory Licensing Section, 200 East Gaines Street, Tallahassee, Florida 32399-0342. Each Fire Protection System Contractor will be notified by the Regulatory Licensing Section, in writing, if the coursework does not satisfy the continuing education requirement in Section 633.537, F.S. No notification will be given over the telephone.

(9) Any Fire Protection System Contractor who does not complete the continuing education requirement shall not have his or her certificate renewed. If the Fire Protection System Contractor is not renewed, the contractor shall perform no work for which a license is required. A contractor wishing to become licensed again shall meet the requirements of Section 633.521, F.S.

(10) Effective July 1, 2005, a Water-Based Fire Protection Inspector shall complete 8 hours of approved continuing education in compliance with Section 633.537, F.S., which are preparatory curriculum for NICET II certification and shall support the general and special work elements for NICET II certification. An additional 16 hours of continuing education must be completed between July 1, 2006 and June 30, 2008.

(11) A Water-Based Fire Protection Inspector shall complete 16 hours of approved continuing education coursework in compliance with Section 633.537, F.S., within each biennial license period. Specific Authority 633.01, 633.517(1) FS. Law Implemented 633.521(10), 633.537(4) FS. History–New 10-2-96, Amended 6-18-97, 6-8-98, 11-21-01, Formerly 4A-46.017, Amended 5-18-08.

69A-46.025 Scope.

The provisions of this part shall apply to the lay out, fabrication, installation, inspection, alteration, repair, or servicing on the fire protection systems.

Specific Authority 633.01 FS. Law Implemented 633.021(2), (3), (4), (5), (7), (16), (20), 633.082, 633.541, 633.547, 633.551, 633.554 FS. History–New 12-21-88, Formerly 4A-46.025.

69A-46.030 Definitions. (1) For purposes of this part, the definitions in Rule 69A-46.005, F.A.C., shall have the same meaning

as in Part I. (2) In addition, the following term shall have the following meaning: “Registered professional

engineer” shall mean an individual who is registered to engage in the practice of engineering as prescribed in Chapter 471, F.S.

Specific Authority 633.01 FS. Law Implemented 633.021 FS. History–New 12-21-88, Amended 8-1-90, Formerly 4A-46.030.

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69A-46.035 Standards of the National Fire Protection Association to be Complied With. The following standards of the National Fire Protection Association which are adopted in Rule Chapter 69A-3, F.A.C., including the editions as adopted therein, shall be complied with by all those holding certificates of competency as fire protection system contractors pursuant to the provisions of Chapter 633, F.S.:

(1) NFPA 11, Standard for Low Expansion Foam. (2) NFPA 11A, Standard for Medium and High Expansion Foam. (3) NFPA 12, Standard on Carbon Dioxide Extinguishing Systems. (4) NFPA 12A, Standard on Halon 1301 Fire Extinguishing Systems. (5) NFPA 13, Standard for the Installation of Sprinkler Systems. (6) NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings

and Manufactured Homes. (7) NFPA 14, Standard for the Installation of Standpipe and Hose Systems. (8) NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection. (9) NFPA 16, Standard for the Installation of Foam-Water Sprinkler Systems and Foam-Water Spray

Systems. (10) NFPA 17, Standard for Dry Chemical Extinguishing Systems. (11) NFPA 17A, Standard on Wet Chemical Extinguishing Systems. (12) NFPA 20, Standard for the Installation of Centrifugal Fire Pumps. (13) NFPA 22, Standard for Water Tanks for Private Fire Protection. (14) NFPA 24, Standard for the Installation of Private Fire Service Mains and Their Appurtenances. (15) NFPA 72, National Fire Alarm Code. (16) NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking

Operations. Section 7-2.2 of NFPA 96 applies prospectively only. Existing installations are permitted to remain in place subject to the approval of the authority having jurisdiction.

(17) NFPA 214, Standard for Water Cooling Towers. (18) NFPA 231D, Standard for Storage of Rubber Tires. (19) NFPA 232, Standard for Protection of Records. (20) NFPA 409, Standard on Aircraft Hangars. (21) NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to

and including four Stories in Height. (22) NFPA 25, Standard for the inspection, testing, and maintenance of Water-based Fire Protection

Systems, except that quarterly flow tests will be required for those systems supplied by a municipal water supply.

(23) NFPA 2001, Standard on Clean Agent Fire Extinguishing Systems. (24) NFPA 230, Standard on Fire Protection of Storage.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.065, 633.082 FS. History–New 12-21-88, Amended 7-19-89, 8-1-90, 10-20-93, 10-2-96, 6-8-98, 11-21-01, Formerly 4A-46.035.

69A-46.040 Installation Requirements for Automatic Sprinkler Systems Employing Water as the

Extinguishing Agent. (1) Fire protection system contractors installing an automatic sprinkler system employing water as the

extinguishing agent shall supervise and be responsible for the complete system in accordance with the provisions of Section 633.539, F.S. The contractor shall be responsible to installing the complete system in compliance with the National Fire Protection Association standards adopted pursuant to Rule Chapter 69A-3, F.A.C., except that if a contractor installs the underground portion of the system from the point of service to the aboveground connection flange in compliance with Section 633.539(3), F.S., he or she shall be responsible for that portion of the system, and the Contractor installing the remaining portion shall be responsible for the system from the point of connection to the underground throughout the remainder of the system.

(2) The complete system begins at the point-of-service as defined in Section 633.021(16), F.S., and ends at the most remote head inside the facility.

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(3) In order to ensure that sufficient water is available at the point-of-service to provide the water inside the facility as required by the plans, the contractor who installs the underground portion shall be responsible for conducting the acceptance tests required by NFPA 13 and shall personally, sign and maintain on file the Contractor’s Material and Test Certificate for Underground Piping as specified in NFPA 13, as adopted in Rule Chapter 69A-3, F.A.C. If the above ground pipe is installed by a contractor other than the one who installed the underground, the contractor shall be responsible to obtain a copy of the underground certificate from the underground contractor and maintain it on file before connection to the underground is made. If the contractor is unable to obtain the certificate, the contractor shall notify the Regulatory Licensing Section.

(4) Upon completion of the final installation of the aboveground piping, the contractor shall conduct the tests and sign and maintain on file the Contractor’s Material and Test Certificate for Aboveground Piping as specified in NFPA 13, as adopted in Rule 69A-46.035, F.A.C.

(5) Failure to complete and maintain the two certificates described in subsections (3) and (4) above shall be grounds for disciplinary action as violations of Section 633.539, F.S.

(6) The contractor whose name appears on the application for the building permit shall be responsible for the acceptance tests which are required in NFPA 13. The contractor shall complete all portions of the Contractor’s Material and Test Certificate(s) that are related to the system being tested. The contractor shall sign and date the test certificates. In cases where there is no building permit, the contractor that supervised the installation shall be responsible for the performance of these duties.

(7) The contractor shall maintain on file all Contractor’s Material and Test Certificates, and shall provide such to the State Fire Marshal upon his request.

(8) The contractor shall complete and attach to the system a tag as described in Rule 69A-46.041, F.A.C. Specific Authority 633.01 FS. Law Implemented 553.79(6), 633.065, 633.547(2)(e) FS. History–New 12-21-88, Amended 8-1-90, 10-20-93, 11-21-01, Formerly 4A-46.040, Amended 5-18-08.

69A-46.041 Inspection Requirements for Fire Protection Systems. (1) A Fire Protection Contractor, contracting to perform inspecting, testing, and maintenance service

on a fire protection system shall comply with the requirements of Chapter 633, F.S., and the applicable NFPA standards as adopted in Rule Chapter 69A-3, F.A.C.

(2) Each system that has been inspected, tested, or maintained by a fire protection contractor, or his or her permitted Water-Based Fire Protection Inspector, shall have a record tag of durable and weather resistant material placed on the riser.

(3) Inspection Tags. (a) After inspection and testing, an inspection tag shall be completed indicating all work that has been

done, and then attached to the system riser in such a position as to permit convenient inspection and not hamper activation or operation. A new inspection tag shall be attached to the system riser each time an inspection and test service is performed.

(b) Inspection tags must be a minimum dimension of 133 mm (5 1/4 inches) in height and 89 mm (3 1/2 inches) in width, and a maximum dimension of 178 mm (7 inches) in height and 102 mm (4 inches) in width.

(c) Inspection tags shall bear the following information in an easily read format: 1. ‘DO NOT REMOVE BY ORDER OF THE STATE FIRE MARSHAL.’ This particular information

shall be in a minimum of 10 pt type and in all capital letters; 2. The licensed Fire Protection System Contractor I or II’s name and licensed physical address; 3. The license number of the Fire Protection System Contractor I or II; 4. The permit number of the Water-Based Fire Protection Inspector; 5. The permitted Water-Based Fire Protection Inspector’s signature; 6. The day, month and year (to be punched), and 7. The facility name and address. 8. Affixing this tag shall not be construed to invalidate the owner’s responsibility to maintain the

system as provided in Section 633.082, F.S.

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9. The reverse of the non-compliant tag shall include at least four separate boxes for the listing of repair work as follows:

a. Date of Repair: b. Repaired by (Signature): c. Print Name: d. Type of Repair: e. Permit Number: (if repair is made by a Water Based Fire Protection Inspector, Permit Number must

be noted.) (d) Inspection tags may be printed and established for a five-year period of time. (e) An inspection tag shall only be removed by the Fire Protection System Contractor or his permitted

Water-Based Fire Protection Inspector. (4) Compliance and Noncompliance Tag. (a) If a fire protection system is found to be in compliance with the applicable NFPA standards, a

GREEN Compliance Tag shall be attached to either the main riser or main control valve in such a manner as to be plainly visible and not more than 60 inches above the finished floor.

(b) If a fire protection system is found to have deficiencies and is not in compliance with the applicable NFPA standards, a completed RED Noncompliance Tag shall be attached to the main control valve of the system to indicate that corrective action is necessary. If the system is operational but not in compliance with the applicable NFPA standards, the building owner or authorized representative and occupant shall be notified by copy of the NFPA 25 inspection report within 30 days of the inspection. If the system is not operational, the contractor or inspector shall notify the building owner or authorized representative, the occupant, and the authority having jurisdiction within 24 hours of the time of the inspection.

(5) The contractor shall maintain all records of any fire protection system having been inspected, serviced and maintained.

(6) These records shall be made available to the State Fire Marshal upon request. (7) The contractor or his or her permitted Water-Based Fire Protection Inspector shall complete in

detail the inspection reports as required in NFPA 25, as adopted in Rule Chapter 69A-3, F.A.C., that outlines all points of the inspection, test, and maintenance as required by the applicable NFPA standards. A copy of the inspection report shall be provided to the owner at the completion of each inspection performed.

(8) The inspection report shall include a detailed explanation of every deficiency, and indicate if the inspection is a weekly, monthly, quarterly or annual inspection. The inspection report shall include the name of the permitted Water-Based Fire Protection Inspector, the inspector permit number, the inspector’s signature, the date and time of the inspection, and the signature of the owner or the owner’s representative.

(9) Pursuant to the provisions of Section 633.082, F.S., it is the owner’s responsibility to maintain the fire protection system. Affixing an inspection tag as required herein does not invalidate responsibility nor shall a transfer of risk be construed. Specific Authority 633.01 FS. Law Implemented 633.071, 633.082, 633.065, 633.547(2)(e) FS. History–New 10-20-93, Amended 11-21-01, Formerly 4A-46.041, Amended 5-18-08.

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69A-47

UNIFORM FIRE SAFETY STANDARDS FOR ELEVATORS

69A-47.011 Adoption of the Florida Elevator Safety Code. (1) The following shall be in compliance with those standards adopted in Chapter 61C-5, F.A.C.,

Florida Elevator Safety Code, which is hereby adopted and incorporated by reference: (a) Enclosures of elevator hoistways, machine rooms, and machine spaces; (b) Automatic smoke detectors and heat detectors; and (c) Automatic sprinklers in hydraulic and non-hydraulic elevators. (2) Chapter 61C-5, F.A.C., Florida Elevator Safety Code may be obtained by writing to the

Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 8-16-01, Formerly 4A-47.011.

69A-47.012 Uniform Elevator Keys. (1) As used in Rules 69A-47.012 through 69A-47.019, F.A.C., “these rules” refers to Rules 69A-

47.012 through 69A-47.019, F.A.C. (2) Each lock for all elevators in each region of the seven emergency response regions in this state that

permits public access must be keyed for one master elevator key as required in these rules. (3) The purpose of these rules is to implement Section 399.15, F.S., to allow all elevators within each

of the seven state emergency response regions to be operated by firefighters in a fire emergency.

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

69A-47.013 Regional Access.

Regional emergency elevator access shall be provided for each elevator that allows public access including, but not limited to, public elevators, service elevators, and freight elevators, in each of the following buildings in this state.

(1) Each building which is six or more stories in height, including, but not limited to, hotels and condominiums, on which construction is begun after June 30, 2004.

(2) Any building in this state which is six or more stories in height that has undergone “substantial improvement” as defined in Section 161.54(12), F.S. (2005).

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

69A-47.014 Compliance Dates.

Each existing building that is six stories or more in height must comply with these rules no later than July 1, 2007.

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

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69A-47.015 Requirements for Elevator Keys. (1) All elevator keys within each of the seven emergency response regions as set forth in these rules

shall be uniform and specific for that region. (2) The following are the designated emergency response regions, with the description of the elevator

key assigned to each region: (a) Emergency Response Region 1: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Jackson,

Washington, Bay, Gulf, Calhoun: Yale Key No. R-80833-2006-1; (b) Emergency Response Region 2: Gadsden, Liberty, Leon, Franklin, Wakulla, Taylor, Jefferson,

Madison, Lafayette, Hamilton, Suwannee, Columbia, Dixie: Yale Key No. R-80833-2006-2; (c) Emergency Response Region 3: Nassau, Duval, Clay, St. Johns, Flagler, Putnam, Bradford, Union,

Baker, Levy, Alachua, Gilchrist: Yale Key No. R-80833-2006-3; (d) Emergency Response Region 4: Citrus, Hernando, Pasco, Pinellas, Hillsborough, Polk, Manatee:

Yale Key No. R-80833-2006-4; (e) Emergency Response Region 5: Marion, Sumter, Lake, Orange, Seminole, Osceola, Brevard,

Volusia: Yale Key No. R-80833-2006-5; (f) Emergency Response Region 6: Hardee, Sarasota, Desoto, Charlotte, Glades, Highland,

Okeechobee, Hendry, Lee, Collier: Yale Key No. R-80833-2006-6; (g) Emergency Response Region 7: Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie,

Indian River: Yale Key No. R-80833-2006-7.

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

69A-47.016 Access to Elevator Keys. (1) Uniform elevator keys shall be made available only to, (a) Elevator owners or their authorized agents, (b) Elevator contractors licensed by the State of Florida, (c) Florida state certified inspectors, (d) State agency representatives authorized by the Department of Financial Services, Division of State

Fire Marshal, Bureau of Fire Prevention, or the Department of Business and Professional Regulation, Division of Hotels and Restaurants, Bureau of Elevator Safety, and

(e) A representative of a local fire department authorized to possess a key by the fire department chief or other chief administrative officer of any fire department or department of public safety.

(2) Elevator keys shall not be issued to any other emergency response agency or any other person. (3) Information pertaining to obtaining elevator keys is available by writing to the Division of State

Fire Marshal at 200 East Gaines Street, Tallahassee, Florida 32399-0342, or it may also be obtained by visiting the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/index.htm.

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

69A-47.017 Duplication of Elevator Keys Prohibited. (1) No person may duplicate a master elevator key and no person shall issue, give, or sell a duplicated

key to anyone other than authorized fire department personnel. (2) Each elevator key subject to these rules must be engraved “DO NOT DUPLICATE.”

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

69A-47.018 Obtaining Elevator Keys. (1) Any person authorized under this rule chapter to possess a uniform elevator key shall apply to an

authorized vendor selected by the Division of State Fire Marshal on form DFS-K3-1660, “Application for Uniform Elevator Key Florida Department of Financial Services Division of State Fire Marshal,” for the issuance of such key. Form DFS-K3-1660, “Application for Uniform Elevator Key Florida Department of Financial Services Division of State Fire Marshal,” Rev. 10/05, is adopted and incorporated herein by reference and may be obtained by writing to the Department of Financial Services, Division of State Fire

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Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342, and/or by visiting the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/index.htm.

(2) Upon the applicant’s presentation of a fully completed and executed copy of form DFS-K3-1660 to an authorized vendor, the applicant may obtain a key or keys from such vendor.

(3) The issuing vendor must maintain a copy of each form DFS-K3-1660 following the issuance of each key or keys. This form may be maintained in its original form or in an electronic format.

(4) Copies of executed form DFS-K3-1660 shall be provided to the State Fire Marshal or the local fire official upon receipt of a written request. Such request may be in the form of electronic mail.

(5) The name, address, and additional contact information for each authorized vendor shall be available by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida, 32399-0342, and shall be posted on the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/ index.htm.

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

69A-47.019 Lockboxes. (1) If the local fire official determines that it is technically, financially, or physically impossible to

bring a building’s elevators into compliance with this rule, the local fire official may accept as an alternative the installation of a keyed lock box that accepts the uniform key for that specific region. The lock box shall be installed in accordance with this section.

(2) The local fire official’s decision regarding the alternative measure may be appealed to the State Fire Marshal whose decision shall constitute final agency action for purposes of Chapter 120, F.S. An appeal may be instituted by the appellant writing a letter to the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(3) Alternative installation of Lock Boxes. (a) The lock box is permitted to be installed flush or recessed mounted. (b) The lock box’s front cover shall be hinged on the right side and shall be engraved or painted with

the words “Fire Department Use Only – Elevator keys.” (c) The lock box shall be mounted at each elevator bank at the lobby nearest to the lowest level of fire

department access. (d) Only keys used for the operation of the elevator or an elevator component shall be placed inside the

lock box. (4)(a) In buildings subject to these alternative lock box provisions which house two or more different

elevator banks, a single lock box may be used when such banks are separated by not more than 30 feet. (b) In the buildings specified in paragraph (a) with elevators or elevator banks separated by more than

30 feet, separate lock boxes must be used for each elevator or elevator bank so separated.

Specific Authority 399.15 FS. Law Implemented 399.15 FS. History–New 6-6-06.

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69A-48

FIRE SAFETY STANDARDS FOR FIRE ALARM SYSTEMS

69A-48.001 Purpose.

The purpose of this rule chapter is to establish standards, by rule, for the installation, maintenance, alteration, repair, monitoring, inspection, replacement, or servicing of fire alarm systems.

Specific Authority 633.70(4) FS. Law Implemented 633.70, 633.701 FS. History–New 6-28-90, Formerly 4A-48.001.

69A-48.002 Scope. These rules apply to both new and existing fire alarm systems as of the effective date of the rule. Those systems which were based on product and engineering practices recognized as being acceptable at the date of installation but are not in compliance with currently adopted standards may continue in use, provided they are functional and approved by the authority having jurisdiction.

Specific Authority 633.70(4), 633.701(7) FS. Law Implemented 633.01(1), 633.022(2)(b), 633.70(4), 633.701(7) FS. History–New 6-28-90, Amended 7-11-01, Formerly 4A-48.002.

69A-48.003 Standards for Fire Alarms.

The appropriate standards for the installation, maintenance, alteration, repair, monitoring, inspection, replacement, testing or servicing of fire alarm systems shall be those standards adopted pursuant to subsection 69A-3.012(1), F.A.C.

Specific Authority 633.70(4) FS. Law Implemented 633.70, 633.701 FS. History–New 6-28-90, Amended 11-16-94, Formerly 4A-48.003.

69A-48.004 Testing Laboratories Application for Certification.

Equipment used for the installation of a fire alarm system shall be approved by a nationally recognized testing laboratory. All information concerning the equipment shall be submitted to the authority having jurisdiction.

Specific Authority 633.70(4), 633.701(7) FS. Law Implemented 633.01(1), 633.022(2)(b), 633.70(4), 633.701(7) FS. History–New 6-28-90, Amended 11-16-94, 7-11-01, Formerly 4A-48.004.

69A-48.005 Record of Completion. (1) Information applicable in National Fire Protection Association (NFPA) Standards shall be a

minimum requirement and shall be contained in the Record of Completion provided to the consumer when the fire alarm system is installed or improved (see figure 1-7.2.1, NFPA 72 the edition as adopted in subsection 69A-3.012(1), F.A.C.).

(2)(a) The requirements for fire alarm system components, devices, and systems shall be tested, maintained, and inspected using the guidelines set forth in NFPA 72, as adopted in subsection 69A-3.012(1), F.A.C., and incorporated by reference therein.

(b) All inspections and testing performed on a fire alarm system shall be reported in detail on the system record log using the form required in NFPA 72, figure 7-5-.2.2. the edition as adopted in Rule 69A-

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3.012, F.A.C. This form shall be located and maintained at the property protected by the fire alarm system and be readily available for inspection.

(3) All repairs shall be recorded, by the repairing company, in the system record log and contain the following information:

(a) Date and time of the repair. (b) Name of the property protected by the system. (c) Physical address of the protected property. (d) Servicing entity’s name, address, phone number, and representative’s name. (e) Description and location of equipment in the building where repair work was performed. (f) Type of repair work performed on the system. (4)(a) Any defective or non-functioning items discovered during any fire alarm system test or

inspection shall be reported immediately, and shall also be reported in writing to the authority having jurisdiction, as described in Section 633.121, F.S., within five business days from the date the defective or non-functioning item is discovered. Written notification shall include a description of the problems found and corrective action taken.

(b) Any non-functioning system or interruption of monitoring shall be reported immediately, by telephone if possible, and shall also be reported in writing or by electronic means to the authority having jurisdiction, as described in Section 633.121 F.S., within five business days from the date the non-functioning system or interruption of monitoring is discovered. Written notification shall describe the cause of the interruption and the corrective action or actions that were taken.

(c) If the non-functioning system was due to improper or faulty installation practices, the authority having jurisdiction shall report such facts to the Department of Business and Professional Regulation.

(5) If the system is being maintained by a servicing contract and the servicing contract expires, is delegated, or changed, the authority having jurisdiction shall be notified.

Specific Authority 633.70(4), 633.701(7) FS. Law Implemented 633.01(1), 633.022(2)(b), 633.70(4), 633.701(7) FS. History–New 6-28-90, Amended 11-16-94, 7-11-01, Formerly 4A-48.005.

69A-48.006 Specifications for Fire Alarm Tags. (1) A standard Fire Alarm tag meeting the requirements of this rule shall be securely affixed to the fire

alarm control panel of each fire alarm system which is installed, and each time such system is serviced, tested, repaired, inspected, or improved by any person.

(2) Standard Fire Alarm Tags – Specifications. (a) Tags shall consist of a pressure sensitive label or the “tie-on” type. (b) Tags shall be of any color, except red, which provides high contrast between the background color

and the service information required on the tag. (c) Tags shall contain the following information: 1. “Do not remove by Order of State Fire Marshal.” 2. Name of person performing the work. 3. Type of work performed. 4. Type of systems involved according to NFPA 72, as adopted in Rule 69A-3.012, F.A.C. 5. Month and year the work was completed. 6. The remainder of space available in the center section of a Fire Alarm tag, where the name, street

address, city, zip code, certificate number, and telephone number of the licensed contractor or business entity is printed, is permitted to be used for advertising, and shall not contain any erroneous, false or misleading statements.

(d) The size of the standard Fire Alarm tag shall be approximately 2-1/2" ⋅ 5". (e) Standard Fire Alarm tags shall be arranged as indicated in Figure “A”.

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(3) Standard Fire Alarm tags shall be punched with a standard 1/8" or 1/4" hole punch in all relevant data sections before placing the tag on the fire alarm control panel.

(4) Any tag required by the State Fire Marshal which indicates that the fire alarm system, or any component thereof, has been serviced, repaired, altered, replaced, or tested shall be removed before a new tag is placed on the fire alarm system.

(5) The authority having jurisdiction may require corrective action for any system deemed non-functional.

Specific Authority 633.70(4), 633.701(7) FS. Law Implemented 633.01(1), 633.022(2)(b), 633.70(4), 633.701(7) FS. History–New 6-28-90, Amended 6-30-91, 11-16-94, 7-11-01, Formerly 4A-48.006.

69A-48.007 Drawings. (1) Drawings of the fire alarm system showing the location of each device in the system, and the

number assigned to each device in the system, shall be kept with the system record log. (2) When work is performed on any device in a fire alarm system, the number of the device shall be

listed in the system record log.

Specific Authority 633.70(4) FS. Law Implemented 633.70 FS. History–New 11-16-94, Formerly 4A-48.007.

69A-48.008 Monitoring. (1) Automatic emergency forces notification and any type of monitoring of fire alarm signals shall be

installed and operate in accordance with the applicable NFPA standards adopted in subsection 69A-3.012(1), F.A.C., and incorporated by reference therein.

(2) Any company wishing to do monitoring or is currently monitoring in a fire department’s area shall notify the authority having jurisdiction of that location. The authority having jurisdiction shall be notified when any monitoring is discontinued within 24 hours and follow-up that notification by written notification.

Specific Authority 633.70(4), 633.701(7) FS. Law Implemented 633.01(1), 633.022(2)(b), 633.70(4), 633.701(7) FS. History–New 11-16-94, Amended 7-11-01, Formerly 4A-48.008.

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69A-49

UNIFORM FIRE SAFETY STANDARDS FOR SELF-SERVICE GASOLINE

STATIONS

69A-49.001 Title. These rules comprising Rule Chapter 69A-49, F.A.C., shall be known as the “Uniform Fire Safety Standards for Self-Service Gasoline Stations.”

Specific Authority 526.141(7), 633.01 FS. Law Implemented 526.141(7), 633.01, 633.022 FS. History–New 8-1-90, Formerly 4A-49.001.

69A-49.002 Purpose. (1) The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree

of safety from fire in buildings, structures or premises used as self-service gasoline stations. (2) These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary

inconveniences or interference with the normal use and occupancy of self-service gasoline stations, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interest.

Specific Authority 526.141(7), 633.01 FS. Law Implemented 526.141(7), 633.01, 633.022 FS. History–New 8-1-90, Formerly 4A-49.002.

69A-49.003 Fire Protection Standards Adopted. (1) Self-service gasoline stations shall comply with the fire safety requirements of the National Fire

Protection Association standards as adopted in Rule 69A-3.012, F.A.C., except as modified by Section 526.141, F.S.

(2) Additional applicable fire protection standards specifically referenced in Chapter 6, NFPA 30, the edition as adopted in Rule 69A-3.012, F.A.C., Chapter 9, NFPA 30A, the edition as adopted in Rule 69A-3.012, F.A.C., and Chapter 28-2, NFPA 1, the edition as adopted in Rule 69A-3.012, F.A.C., which are applicable to self-service gasoline stations and the edition of such standards listed in Rule 69A-3.012, F.A.C., shall apply.

(3) Buildings or structures which are constructed to complement other operations associated with self-service gasoline stations shall comply with the applicable requirements of NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C.

(4) All self-service gasoline stations shall be operated in accordance with Section 526.141, F.S.

Specific Authority 526.141(7), 633.01, 633.022(1)(b) FS. Law Implemented 526.141(7), 633.01 FS. History–New 8-1-90, Amended 10-11-01, Formerly 4A-49.003.

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69A-49.004 Attendant on duty. (1) All self-service gasoline service stations shall have at least one attendant on duty and present on the

premises of the station while the station is open to the public or at any time fuel is offered for sale to the public. The duties of the attendant are specified by subsection (3) of Section 526.141, F.S., and NFPA 30A, Section 9-4, the edition as adopted in Rule 69A-3.012, F.A.C.

(2) “Open to the public” or “offered for sale to the public” in subsection (1) means and includes: (a) Offered for sale to the public at large, or (b) Offered for sale at a self-service dispensing area when such area is used by or for any club, group,

association, or similar organization affiliated solely by membership in such club, group, association or similar organization.

Specific Authority 526.141(7), 33.01, 633.022(1)(b) FS. Law Implemented 526.141(7), 633.01 FS. History–New 10-11-01, Formerly 4A-49.004.

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69A-50

SPARKLER REGISTRATION AND TESTING

69A-50.001 Scope. The provisions of this part shall apply to those individuals wishing to become registered as a manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers in this state pursuant to the provisions of Chapter 791, F.S.

Specific Authority 624.308(1) FS. Law Implemented 791.01, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Formerly 4A-50.001.

69A-50.005 Registration Requirements. (1) Persons wishing to engage in the manufacture, distribution, wholesale, retail, or seasonal retail of

sparklers in this state shall be registered with the State Fire Marshal as required by Section 791.015, F.S. Processing of applications for certificates of registration is subject to the provisions of Chapter 120, F.S., including Section 120.60, F.S.

(2) Persons wishing to register shall do so on forms provided by the State Fire Marshal. Forms may be obtained from the Regulatory Licensing and Statistics Section, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, FL 32399-0300.

(3) Each registration form shall be accompanied by the applicable fee which is hereby set as being equal to the maximums established in Section 791.015, F.S.

(4) The applicant for a Certificate of Registration shall provide all information requested as prescribed in Section 791.015, F.S.

(5) Upon satisfactory completion of the application, a Certificate of Registration will be issued. (6) Registration numbers shall become effective when an applicant actually receives the certificate.

Registration numbers will not be given by telephone. (7) Registration certificates issued for retailers will be issued to a specific location and will not be

transferable. The certificate number will identify the specific location. (8) Each retailer or seasonal retailer shall keep, at every location where sparklers are sold, a copy of an

invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered on the invoice. At a minimum, the invoice shall describe the items by brand name, size and manufacturer, or place of manufacture, as printed on the item.

(9) Renewals. Each certificate shall expire on January 31 of each year. Forms may be obtained from the Regulatory Licensing and Statistics Section, Bureau of Fire Prevention as described in subsection (2), above.

(10) Validity of Certificates of Registration. (a) Certificates are valid from the issue date shown on the certificate until the expiration date shown on

the certificate. (b) No person shall engage in any activity for which registration under Chapter 791, F.S., is required,

unless such person has in his possession a certificate issued under the provisions of Chapter 791, F.S., and this rule chapter.

Specific Authority 624.308(1) FS. Law Implemented 791.01, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 7-29-90, 10-2-93, Formerly 4A-50.005.

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69A-50.011 Scope. The provisions of this part shall apply to those persons submitting items for testing to determine whether those items conform to the definition of “sparkler” in Chapter 791, F.S., and may therefore be included on the list of approved sparklers distributed by the State Fire Marshal on February 1 of each year.

Specific Authority 624.308(1), 791.013(1) FS. Law Implemented 791.01, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 10-20-93, Formerly 4A-50.011.

69A-50.013 Definitions. (1) The definitions in this rule apply to the testing and approval of sparklers as set out in Section

791.013, F.S., and the rules adopted pursuant thereto. (2) “Emits” means to throw off or to give off or out (as light). (3) “Sparks” means small particles of a burning substance thrown out by a body in combustion or

remaining when combustion is nearly completed. “Sparks” do not include small particles of other substances such as ball bearings.

(4) “Detonate” means to explode with sudden violence. Upon ignition, an explosive compound decomposes very rapidly resulting in a rapid release of heat and large quantities of high-pressure gases.

(5) “Explode” means to undergo a rapid chemical or nuclear reaction with the production of noise, heat, and violent expansion of gases.

(6) “Hand-held” means that the device includes a part which is intended by the manufacturer to be held in the hand of the consumer during the time the device is emitting a shower of sparks.

(7) “Ground-based” means that the device includes a part or feature of its design which is intended by the manufacturer to be stuck in or placed on the ground so that the device will remain stationary in or move along on the ground after ignition and during the time the device is emitting a shower of sparks. “Ground-based” does not mean suspended in the air above the ground by the use of any device not an integral part of the device offered for testing.

(8) “Propel itself through the air” means that the device itself shall not, either in whole or in part, move from the hand of the consumer or into the air from the place where it was stuck in or placed on the ground after ignition or during the time the device is emitting a shower of sparks.

(9) “Chemical compound which produces sparks upon burning” means a chemical compound which is not an explosive compound and which burns but does not detonate or explode and which produces sparks upon burning.

Specific Authority 624.308(1) FS. Law Implemented 791.01, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 7-19-01, Formerly 4A-50.013.

69A-50.015 Submission Procedures. (1) The submission procedures outlined in this rule apply to those persons submitting product samples

to the division for testing to determine whether those products meet the definition of sparklers as set out in Section 791.01(8), F.S. Products to be sold as sparklers shall be tested and approved by the division before they are legal for sale. It is not necessary for each person wishing to sell a particular item to submit that item personally. Rather, it is only necessary that the particular item be submitted by someone for testing. Processing of the submitted product samples is subject to the provisions of Chapter 120, F.S., including Section 120.60, F.S.

(2) Five (5) samples of each product shall be submitted for testing. The State Fire Marshal, however, reserves the right to request additional samples up to a maximum of ten (10), if needed, to determine whether the product conforms to the standards set forth in Section 791.01, F.S. Samples shall be accompanied by Form DI4-362, entitled “Request for Sparkler Analysis,” revised and dated 9/93, which is hereby adopted and incorporated by reference. Copies of Form DI4-362 are available from the Bureau of Fire and Arson Investigations, 200 East Gaines Street, Tallahassee, Florida 32399-0300. The “Request for Sparkler Analysis” form shall be accurately completed. The form shall be accompanied by a chemical composition laboratory report issued in compliance with the C.F.R. 49, Parts 100-177, 1992 Edition, which

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is hereby adopted and incorporated by reference, and by a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number for each product.

(3) Samples of products submitted for analysis shall be sent prepaid to: Bureau of Forensic Fire and Explosives Analysis, 38 Academy Drive, Havana, Florida 32333.

(a) Each shipping container shall include an accurately completed Form DI4-362, as incorporated in subsection 69A-50.015(2), F.A.C., listing each sample product within the container. Each sample listed on the Form DI4-362 shall contain the name of the sample product as printed on the product.

(b) A chemical composition laboratory report issued in compliance with C.F.R. 49, Parts 100-177, 1992 Edition, and a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number shall be attached to the Form DI4-362 for each sample product in the shipping container.

(c) Each shipping container of sample products submitted for analysis shall be properly labeled on the exterior of the shipping container with the sender’s name, company, certificate of registration number, and return address.

(4) In order for products to be considered for approval, samples must be received by the division by September 1 of the year immediately preceding the year in which the submitter wishes the product to be sold. If September 1 falls on a Saturday, Sunday or a legal holiday, submissions will be considered timely if they are received by 5:00 p.m. on the next day which is not a Saturday, Sunday, or a legal holiday.

(5) A shipping container of sample products shall be returned to the sender post-collect or freight-collect and will not be tested for approval if any of the following occur:

(a) The Form DI4-362 “Request for Sparkler Analysis” is not accurately completed for each sample product submitted in a shipping container.

(b) A chemical composition laboratory report issued in compliance with C.F.R. 49, Parts 100-177, 1992 Edition, and a letter of approval issued by the United States Department of Transportation with an identifying “Ex” number does not accompany the Form DI4-362 for each sample product in the shipping container.

(c) Any submissions for which mailing or freight or any other shipping charges are due. (d) Any submissions shipped to its office in Tallahassee or any division office other than the laboratory

in Havana. (e) Any samples received after the September 1 deadline. (6) The division shall dispose of any samples which remain after testing. Any person wishing to have

untested samples returned shall make arrangements with the laboratory in Havana. The division will not pay for samples to be returned.

Specific Authority 624.308(1), 791.013(1), (3) FS. Law Implemented 791.01, 791.013, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 7-29-90, 10-20-93, Formerly 4A-50.015

69A-50.017 Procedures for Approved Products. (1) The division shall complete its testing of all properly submitted samples and shall determine which

products are approved no later than February 1 of each year. All such approved sparklers shall be legal for sale in this state from February 1 until January 31 of the following year.

(2) The division shall publish the list of approved sparklers in The Florida Administrative Weekly, stating the dates between which the products are legal for sale.

(3) The division shall distribute copies of the list of approved sparklers to all sheriffs and police chiefs in Florida and shall make the list available to the public. Anyone wishing a copy of the list shall contact Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0300.

(4) Products must be tested and approved for sale. Products approved for sale in one year will be assumed to be approved for sale succeeding years. It shall be the responsibility of the manufacturer, distributor or wholesaler engaged in the business of selling approved sparklers to determine if a product they are marketing is of the same quality, content, construction and labeling as a product approved by the State Fire Marshal. The division shall perform random checks of sparkler products offered for sale to determine if products being marketed are the same as those products submitted to, and approved by, the State Fire Marshal.

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(5) Prior to December 1 of each year the State Fire Marshal will forward a list of approved products to each individual or firm who has submitted products for review. A submitter shall advise the State Fire Marshal of any change in the quality, content, labeling or construction of any sparkler previously approved and shall resubmit such product for retesting and approval. Such submission shall comply with Rule 69A-50.015, F.A.C.

(6) If the State Fire Marshal determines that a sparkler product or any other firework is being marketed contrary to the provisions of Section 791.013(2) or 791.02(1), F.S., the State Fire Marshal shall refer the case to the appropriate state attorney.

(7) The list of approved sparklers issued by the division includes only sparklers, as defined in Section 791.01(8), F.S., for sale in this state. The list does not include any of the items described in Section 791.01(4)(c), F.S., nor will any of those items be tested.

Specific Authority 624.308(1), 791.013 FS. Law Implemented 791.01, 791.013, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Amended 10-20-93, Formerly 4A-50.017.

69A-50.019 Procedures for Rejected Products.

Persons who have submitted products which have been rejected for failure to comply with the definition of “sparkler” in Section 791.01(8), F.S., shall be notified by the division of such rejection. The notification of rejection shall refer to the definition of “sparkler” in Section 791.01(8), F.S., shall describe the item rejected by reference to its description on the “Request for Sparkler Analysis” form; and shall notify the person submitting the rejected item of his rights and obligations under Chapter 120, F.S.

Specific Authority 624.308(1) FS. Law Implemented 791.01, 791.013, 791.015, 791.02, 791.04 FS. History–New 6-1-88, Formerly 4A-50.019.

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69A-51

BOILER SAFETY

69A-51.001 Scope. (1) The rules contained in this chapter shall establish provisions to safeguard life, limb, and property

by specifying minimum standards for the construction, installation, operation, maintenance, inspection, and repair of boilers located in this state after October 1, 1987, and for the inspection of boilers in places of public assembly. There shall be a joint responsibility among the owner, the user, and the operating employees for compliance with this chapter.

(2) These rules do not presume to limit in any way the builder’s right to choose any method of design or form of construction which conforms to the codes and standards adopted in these rules. The codes and standards adopted contain fundamental features of construction and leave a number of details to the judgment of designers and inspectors.

(3) Special designs which are not covered by the codes and standards may be determined by the manufacturer in cooperation with the purchaser, subject to the approval of the Authorized Shop Inspector and the Boiler Safety Program of the Department of Financial Services.

(4) These rules shall be enforced in conjunction with the codes adopted herein.

Specific Authority 554.103 FS. Law Implemented 554.103, 554.104, 554.108, 554.1101 FS. History–New 2-27-89, Formerly 4A-51.001.

69A-51.005 Definitions.

As used in this rule chapter: (1) “The Act” means Chapter 554, F.S., the “Boiler Safety Act.” (2) “Alteration” shall mean any change in the item described on the original Manufacturer’s Data

Report which affects the pressure containing capability of the boiler or pressure vessel. Non-physical changes such as an increase in the maximum allowable working pressure (internal or external) or design temperature of a boiler or pressure vessel shall be considered an alteration. A reduction in minimum temperature such that additional mechanical tests are required shall also be considered alteration.

(3) “ANSI” means the American National Standards Institute, 1430 Broadway, New York, NY 10018. (4) “Antique Boiler” means any closed vessel used solely for display and demonstration purposes, in

which water is heated, steam is superheated, or any combination thereof, under pressure or in a vacuum, for use externally to itself, by direct application of heat from the combustion of fuels, or from electricity. The term shall include fired vessels, used solely for display and demonstration purposes, for heating or vaporizing liquids other than water where these vessels are separate from processing systems and are complete within themselves.

(5) “Approved” means permitted by the Boiler Safety Program of the Department of Financial Services.

(6) “A.S.M.E. Code” means The American Society of Mechanical Engineers International Boiler and Pressure Vessel Code published by that Society, including addenda and interpretations existing at the time this rule is adopted.

(7) “Authorized Inspection Agency” means: (a) A jurisdiction which has adopted and which administers one or more sections of the A.S.M.E.

Boiler and Pressure Vessel Code as a legal requirement, one which shall be Section 1, and whose inspectors hold valid commissions issued by the National Board of Boiler and Pressure Vessel Inspectors, or in accordance with Section 554.112, F.S.; or

(b) An insurance company which has been licensed or registered by the appropriate authority of a state of the United States or a province of Canada to write and does write boiler and pressure vessel insurance,

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and to provide inspection service of boilers and pressure vessels in such state or province and whose inspectors hold valid commissions issued by the National Board of Boiler and Pressure Vessel Inspectors, or in accordance with Section 554.112, F.S.

(8) “Authorized Inspector” means the Chief Inspector, a Deputy Inspector or a Special Inspector. (9) Definitions of Boilers (additional Boiler definitions may be found at Section 554.1021, F.S.): (a) “Electric Boiler” means a power boiler or heating boiler in which the source of heat is electricity. (b) “Miniature Boiler” means a power boiler or high-temperature boiler which does not exceed any of

the following limits: 1. 16'' inside diameter of shell; 2. 20 sq. ft. of heating surface (not applicable to electric boilers); 3. 5 cu. ft. gross volume, exclusive of casing and insulation; and 4. 100 psig maximum allowable working pressure. (c) “Portable Boiler” means a boiler which is primarily intended for temporary location and the

construction and usage permits it to be readily moved from one location to another. (d) “Coil Type Hot Water Boiler” means a boiler without any steam space where water flashes into

steam when released through a manually operated nozzle. (e) “Lined Storage Water Heater” means a water heater which consists of a coil or closed tank heated

either by direct flame, electrical heating elements or solar energy and which exceeds any of the following limits:

1. Maximum heat input of 400,000 BTUH or 117.2 KW; 2. Water temperature of 210 degrees F; and 3. Nominal water containing capacity of 120 U.S. gallons. Such water heaters shall be equipped with

safety devices in accordance with the requirements of Section IV, Article 8, HLW-800, “Installation Requirements,” A.S.M.E. Code, as adopted herein.

(f) “Standard Boiler” means a boiler which has been designed, constructed, inspected and stamped as per A.S.M.E. Code and registered with the National Board.

(g) “Non-standard Boiler” means a boiler that does not bear a stamp, or does not comply with the Act or these rules.

(h) “Reinstalled Boiler” means a boiler removed from its original setting and reinstalled at the same location or at a new location without change of ownership.

(i) “Condemned Boiler” means a boiler which has been inspected and declared unsafe by the Chief Boiler Inspector.

(10) “Commission” means: (a) A written credential issued by the Boiler Safety Program to a Deputy Inspector or Special Inspector

stating the inspection agency by whom he is employed and the category or categories of inspection he is authorized to make; or

(b) A written credential issued by the National Board of Boiler and Pressure Vessel Inspectors to the holder of a Certificate of Competency who desires to make shop inspections and field inspectors in accordance with the National Board Code adopted herein.

(11) “Chief Inspector” means the Chief Boiler Inspector appointed by the Act. (12) “Deputy Inspector” means any Deputy Inspector appointed by the Chief Inspector of the Boiler

Safety Program of the Department of Financial Services. (13) “Existing Installation” means any boiler installed in this state before October 1, 1987. (14) “External Inspection” means an inspection made when a boiler is in operation, if possible or when

examination of the interior surfaces of the pressure parts cannot be made. (15) “Fusion Welding” means a process of welding metals in a molten and vaporous state, without the

application of mechanical pressure or blows. (16) “Horsepower” means a unit of measurement in which one boiler horsepower = 34.5 lbs. steam per

hour or 33,479 BTUH (British Thermal Units per Hour). (17) “Internal Inspection” means an inspection made when a boiler is shut down and the handholes,

manholes, or other inspection openings are opened for inspection of the interior. (18) “Jurisdiction” means a state, commonwealth or municipality of the United States or a Province of

Canada, which has adopted one or more sections of the A.S.M.E. Boiler and Pressure Vessel Code, one of which is section I, and which maintains a duly constituted governmental unit for the purpose of

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enforcement of the code. (19) “Major Repair” means a repair affecting the strength of the boiler. (20) “National Board” means the National Board of Boiler and Pressure Vessel Inspectors (NB), 1055

Crupper Avenue, Columbus, Ohio 43229, whose membership is composed of Chief Inspectors of jurisdictions who, or other officials who hold a National Board Commission and are charged with the enforcement of the provisions of the Boiler and Pressure Vessel Safety Act.

(21) “National Board Inspection Code” means the code for jurisdictional authorities, inspectors, users, and organizations performing repairs and alterations to pressure- retaining parts. It is published by the National Board and is developed under procedures accredited as meeting the criteria for American National Standards.

(22) “New Boiler Installation” means all boilers constructed, installed and placed in operation after October 1, 1987.

(23) “Owner or User” means any person, firm or corporation legally responsible for the safe installation, operation, and maintenance of any boiler within this state.

(24) “Other locations open to the general public,” as used in the definition of “public assembly locations” in Section 554.1021(2), F.S., means a building, facility, occupancy, or portion thereof, or an area open to the public for educational purposes or for trade or commerce including, but not limited to, public and private schools, universities, child care centers, city, county and state government buildings, commerce facilities, shopping malls, departmental stores, grocery stores, motels, hotels, resorts, vacation clubs, fitness centers, and restaurants; meeting rooms, game rooms, and similar places where the public is invited or permitted to gather, as well as boiler rooms, located in apartment complexes, condominiums, cooperatives, or similar multi-family dwellings; dry cleaners, laundries or laundromats; retirement homes; religious schools; bus or train stations; colleges and other institutions of higher learning; fraternal organizations; any club open to guests and the public; and any building or area in which persons may assemble for civic, educational, religious, recreational, entertainment or other purposes, or in which passengers may await public transportation. The term “public assembly locations” also means “places of public assembly” as used in this rule chapter.

(25) “Pressure retaining item” (PRI) means a boiler, pressure vessel, piping or material used for the containment of pressure, either internal or external. The pressure may be obtained from an external source, or by the application of heat from the direct source, or any combination thereof.

(26) “Pressure Vessel” means containers for the containment of pressure, either internal or external. This pressure may be obtained from an external source or by the application of heat from a direct or indirect source, or any combination thereof.

(27) “PSIG” means pounds per square inch gauge. (28) “Repair” means the work necessary to restore a boiler or pressure vessel to a safe and satisfactory

operating condition. (29) “Repair Organizations” shall mean an entity which holds a valid National Board Certificate

authorizing the use of the “R”, “VR”, or “NR” stamps. (30) “Rules” means this rule chapter unless otherwise specified. (31) “Rerating” means the increase of the maximum allowable working pressure or temperature of a

boiler regardless of whether or not physical work is carried out on the boiler. Rerating shall be considered an alteration.

(32) “Special Inspector” means an inspector who holds a Florida Certificate of Competency and who is regularly employed by an insurance company authorized to insure against loss from explosion of boiler and pressure vessels in this state.

Specific Authority 554.103 FS. Law Implemented 554.1011-.115 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.005.

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69A-51.010 Codes Adopted. The Department of Financial Services hereby adopts and incorporates by reference the following national codes as the State Boiler Code for the safe construction, installation, inspection, maintenance and repair of boilers.

(1) The A.S.M.E. Boiler and Pressure Vessel Code, Sections I; II, Parts A, B, C and D; IV; V; VI; VII; IX, and the ANSI/ASME CSD-1, 1998 edition and all 1999 amendments, addenda and interpretations thereto. Copies may be obtained from the American Society of Mechanical Engineers International, 22 Law Drive, Box 2300, Fairfield, New Jersey 07007-2300; Phone: 1 (800) THE-ASME. The Code may be consulted at the offices of the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303, Phone: (850) 413-3722/3723; during regular business hours, Monday through Friday.

(2) The National Board Inspection Code (NBIC) – 1998 edition and all 1999 amendments, addenda, and interpretations thereto. Copies may be obtained from the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, Ohio 43229; Phone: (614) 888-8320. The Code may be consulted at the offices of the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, Third Floor, Atrium Building, Tallahassee, Florida 32303; Phone: (850) 413-3722/3723, during regular business hours, Monday through Friday.

(3) ASME B31.1, “Power Piping,” – 1998 edition and all 1999 amendments, addenda, and interpretations thereto. Copies may be obtained from the American Society of Mechanical Engineers International, 22 Law Drive, Box 2300, Fairfield, New Jersey 07007-2300; Phone: 1 (800) THE-ASME.

Specific Authority 554.103 FS. Law Implemented 554.103 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.010.

69A-51.015 Administration. (1) Chief Inspector. (a) The Chief Financial Office shall appoint a Chief Inspector who shall have not less than five (5)

years experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels and who holds a commission from the National Board of Boiler and Pressure Vessel Inspectors and a Certificate of Competency from the Department. Such Chief Inspector serves at the pleasure of the Chief Financial Officer.

(b) The Chief Inspector, authorized by the Department, is charged, directed and empowered: 1. To take action necessary for the enforcement of the State Boiler Safety Act and the rules adopted

pursuant thereto. 2. To be responsible for the conduct of the Boiler Safety Program and the supervision of the Program’s

employees and shall report to the Chief, Bureau of Explosives and Fire Equipment, Division of State Fire Marshal, Department of Financial Services.

3. To keep a complete record of the type, dimensions, owner or user, maximum allowable working pressure, age, location, and the date of last recorded inspection of all boilers in places of public assembly in the State of Florida.

4. To publish and make available to anyone so requesting copies of the rules adopted by the Boiler Safety Program.

5. To issue, suspend, or revoke certificates of competency and certificates of compliance as provided for in these rules.

6. To conduct examinations for applicants for a Certificate of Competency or Florida Commission as an inspector of boilers.

7. To revoke commissions and commission credential cards for cause. 8. To issue, receive, approve and file manufacturer’s data reports and inspection reports covering all

boilers under the jurisdiction of the Boiler Safety Program. 9. To draft proposed amendments to this rule chapter. 10. To exercise general supervision over the inspectors and employees of the Boiler Safety Program.

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11. To cause the prosecution of all violators of the provisions of Chapter 554, F.S., and this rule chapter.

(2) Deputy Inspectors. The Department shall employ Deputy Inspectors who shall be responsible to the Chief Inspector and who shall have at the time of appointment not less than three (3) years practical experience in the construction, maintenance, repair, inspection, installation or operation of high pressure boilers and pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in this rule chapter, and who shall hold a Certificate of Competency from the Department.

(3) Special Inspectors. (a) Certificates of Competency designating Special Inspectors of Boiler and Pressure Vessels shall be

issued by the Chief Inspector upon request of any Authorized Inspection Agency which has been licensed by the appropriate authority of this state. All such Authorized Inspection Agencies shall provide boiler and pressure vessel insurance coverage and be actively engaged in writing this type of coverage.

(b) Special Inspectors shall not receive any salary or expenses from the State. The Certificate of Competency issued to a Special Inspector shall be valid only so long as such Special Inspector is in the full-time employment of an authorized inspection agency.

(c) Upon termination of employment from an Authorized Inspection Agency, the Agency shall, in writing, notify the Chief Inspector of such termination within fifteen (15) days following the date of termination.

(d) Special Inspectors shall inspect all boilers covered by these rules that are located in places of public assembly and insured by their respective Authorized Inspection Agencies. All boilers, when so inspected, shall be exempt from payment to the state for inspection fees. Special Inspectors may conduct shop or field inspections of new boilers and pressure vessels in accordance with the applicable code requirements.

(4) Inspectors commissioned by the State of Florida shall not engage in the sale of an article or device relating to boilers or their appurtenances, or in any activity which would be in conflict with their official duties as an Authorized Inspector.

Specific Authority 554.103 FS. Law Implemented 554.105, 554.106, 554.107, 554.109, 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.015.

69A-51.017 Other Provisions. (1) All installations after September 30, 1987 shall be designed, constructed, inspected and stamped in

accordance with the A.S.M.E. Code, as adopted herein, and the latest addenda thereto in effect. In addition all boilers shall bear the National Board Stamping and the manufacturer’s N.B. numbers as registered with the National Board of Boiler and Pressure Vessel Inspectors. A copy of the Manufacturer’s Data Report signed by the manufacturer’s representative and the National Board Commissioned Inspector employed by the Authorized Inspection Agency shall be submitted to the Chief Inspector of the Boiler Safety Program not more than 90 days following the inservice date of the boiler.

(2) Power Piping. Piping external to power boilers from the boiler to the first stop valve of a single boiler, and to the second stop valve in a battery of two or more boilers is subject to the requirements of section 1 of the A.S.M.E. Code, and the design, fabrication, installation and testing of the valves and piping shall be in accordance with ANSI B31.1.0, as adopted and incorporated by reference herein. Welded piping is subject to the A.S.M.E. Code requirements for proper code certification including stamping in conformance with the code and furnishing of applicable Manufacturer’s Data Report forms to the owner and the Chief Inspector.

Specific Authority 554.103 FS. Law Implemented 554.103 FS. History–New 2-27-89, Formerly 4A-51.017.

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69A-51.020 Certificates of Competency. (1) Certificates of Competency shall be issued to applicants for the position of Deputy Inspector who

meet the requirements of Rule 69A-51.015, F.A.C., and who pass the examination described in Rule 69A-51.035, F.A.C., and who are employees of the Boiler Safety Program, Division of State Fire Marshal, Department of Financial Services.

(2) Certificates of Competency shall be issued to applicants as Special Inspectors who meet the requirements of Rule 69A-51.015, F.A.C., and who pay the fee described in Section 554.111, F.S., and who pass the examination described in Rule 69A-51.035, F.A.C., and who are full-time employees of Authorized Inspection Agencies.

(3) Applications for Certificates of Competency shall be made on the form entitled “Application for Certificate of Competency Special and Deputy Inspectors” prescribed by the Boiler Safety Program, Division of State Fire Marshal, which may be obtained from the Boiler Safety Program, Department of Financial Services, Larson Building, Tallahassee, Florida 32399-0300; (850)413-3722. Application for Certificate of Competency Special and Deputy Inspectors, Form Number DI4-404, revised 9/89, is hereby adopted and incorporated by reference.

(4) The Certificate of Competency is valid for one year and shall expire on December 31 of each year. (5) The Department shall mail each certificate holder or his employer an application for renewal on a

form entitled “Renewal Application for Certificate of Competency,” Form Number DI4-436, revised 10/95 which is hereby adopted and incorporated by reference. The application for renewal shall be properly completed, signed and forwarded to the Department with the appropriate fee, and the Department shall, upon receipt of the properly completed application and fee, renew the certificate.

(6) The certificate is valid only when the inspector is continuously employed either by the Boiler Safety Program or by a duly authorized inspection agency in the State of Florida. The certificate credential card will state the name of the inspector's employer.

(7) A certificate which is inoperative because of failure to renew shall be restored upon payment of the renewal fee, if the application for restoration is made to the Department within sixty (60) days after the renewal date.

(8) If a certificate becomes inoperative because of failure to renew and if the application for restoration is not made within the sixty (60) day period, then the fee for restoration shall be equal to the initial application fee ($50.00) plus the renewal fee ($30.00).

Specific Authority 554.103 FS. Law Implemented 554.103, 554.105, 554.106, 554.107, 554.111, 554.113 FS. History–New 2-27-89, Amended 7-15-98, Formerly 4A-51.020.

69A-51.025 Certificate of Compliance. (1) Certificates of Compliance shall be issued only to boilers located in places of public assembly in

this State. (2) If, upon making the internal and/or external inspection, the inspector finds the boiler to be in safe

working order, provided with the appurtenances necessary to safety, and properly set up, the Chief Inspector, upon receipt of an inspection report from the inspector and of the fee established in Section 554.111, F.S., shall issue to the owner or user thereof a Certificate of Compliance and, upon receipt of the Certificate, such owner or user may operate the boiler described in the Certificate until the date of expiration unless such certificate shall be sooner withdrawn or revoked.

(3) The Certificate of Compliance issued by the Department shall state the name of the owner or user; the location; the Florida State serial number; date of inspection; date of expiration of the certificate; the maximum pressure at which the boiler may operate; name of person who made the inspection; signature of the Chief Financial Officer; manufacturer; type of boiler; National Board number; and Authorized Inspection Agency doing the inspection.

(4) The Certificate of Compliance shall be conspicuously placed so it can be readily identified with the certificated boiler, preferably in the boiler room. The Certificate of Compliance for a portable boiler shall be kept on the premises and shall be accessible at all times.

(5) If an inspector at any inspection finds that the boiler is not in safe working condition, or is not provided with the appurtenances necessary to safety, or if the appurtenances are improperly arranged, he

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shall immediately notify the owner or user and person in charge of the boiler to shut down the boiler and shall report the same to the Chief Boiler Inspector who shall place or cause to be placed on the boiler an official State Seal to prevent further use of said boiler, and such seal shall remain in place until said boiler is restored to a condition to insure safety of operation. All such actions shall be in compliance with Chapter 120, F.S. The owner and/or user shall not operate the boiler or permit it to operate until a Certificate of Compliance has been issued or restored. Official State Boiler Seals may be attached or removed by Special Inspectors only after permission has been obtained from the Chief Boiler Inspector of the Boiler Safety Program.

(6) The Certificate of Compliance for a power boiler or a high pressure, high temperature water boiler is valid for a period of 12 months from the date of the certificate inspection.

(7) The Certificate of Compliance for a heating boiler or a hot water supply boiler is valid for a period of 24 months from the date of the certificate inspection.

(8) The Certificate of Compliance shall be posted under glass, or be similarly protected.

Specific Authority 554.103, 554.1101, 554.113 FS. Law Implemented 554.105, 554.106, 554.107, 554.108, 554.109, 554.1101, 554.113 FS. History–New 2-27-89, Formerly 4A-51.025.

69A-51.035 Examinations. (1) Examinations for a certificate of competency as an inspector of boilers and pressure vessels shall be

offered four times each year. (2) Upon the expiration of ninety (90) days, an applicant who fails to pass the examination will be

permitted to take another written examination, and his acceptance or rejection will be determined on the basis of this examination.

Specific Authority 624.307, 624.308(1) FS. Law Implemented 554.103, 554.111, 554.112 FS. History–New 2-27-89, Amended 1-27-99, 10-23-00, Formerly 4A-51.035.

69A-51.040 Disciplinary Proceedings. (1) Grounds for disciplinary action. Disciplinary action may be instituted against a person who: (a) Operates a boiler at a public assembly location without a valid certificate of compliance for that

boiler; (b) Gives false or forged information to the Department or to an inspector for the purpose of obtaining

a certificate of compliance; (c) Uses a certificate of compliance for any boiler other than for the boiler for which it was issued; (d) Operates a boiler for which the certificate of compliance has been suspended, revoked or expired; (e) Gives false or forged information to the Department for the purpose of obtaining a certificate of

competence; (f) Inspects any boiler regulated under the provisions of Sections 554.1011-.115, F.S., without having a

valid certificate of competency; (g) Obtains a certificate by willful falsification, fraud or misrepresentation; (h) Operates a boiler which is in an unsafe condition; (i) Operates a boiler in a manner contrary to the requirements of Chapter 554, F.S., or any rules or

codes adopted pursuant thereto. (2) Persons in violation of subsection (1), above, who do not have a certificate shall be reported by the

Chief Inspector to the appropriate state attorney for the institution of criminal proceedings. (3) Persons in violation of subsection (1), above, who have a certificate shall have administrative

action instituted against them by the Chief Inspector in accordance with the provisions of Chapter 120, F.S. (4) Certificates may be suspended or revoked by the Department. Revocations shall be forever.

Suspensions shall continue in effect until all violations have been corrected and, for boiler safety violations, until the boiler has been inspected by an Authorized Inspector and shown to be in safe working condition.

Specific Authority 554.103 FS. Law Implemented 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.040.

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69A-51.045 Scope. (1) The provisions of this Part shall apply to existing and new installations of boilers in public

assembly locations. (2) Existing installations are those boilers installed in public assembly locations before October 1,

1987. (3) For existing installations: (a) The maximum allowable working pressure of a boiler carrying the A.S.M.E. Code symbol stamp

shall be determined by the applicable sections of the A.S.M.E. Code under which it was constructed and stamped.

(b) The maximum allowable working pressure of a boiler which does not carry the A.S.M.E. Code symbol shall be computed in accordance with the inspection code of the National Board of Boiler and Pressure Vessel Inspectors, as adopted and incorporated by reference herein.

(c) These rules shall not be construed to prevent the use, sale or reinstallation of a boiler in a public assembly location, provided it has been made to conform to the rules in this rule chapter governing existing installations and, provided further, that it has not been found upon inspection to be in an unsafe condition.

(4) New installations are those boilers installed in public assembly locations after September 30, 1987. (5) For new installations, no boiler which does not conform to the rules in this rule chapter governing

new construction and installation shall be installed and operated in public assembly locations in this state unless the boiler is of special design or construction, and is not inconsistent with the spirit and safety objectives of these rules in which case a permit for a state special must be applied for in writing by the Florida user. After specific approval, the issuance of a Florida State Special Number and a Certificate of Compliance may be granted at the discretion of the Chief Inspector of the Boiler Safety Program.

(6) No boiler shall be installed in a public assembly location in this state unless it has been constructed, inspected and stamped in conformity with the A.S.M.E. Code, except:

(a) Those exempted by the Act; or (b) Boilers which are federally owned and federally inspected; or (c) Coil type hot water boilers without any steam space where water flashes into steam when released

through a manually operated nozzle unless one of the following limitations is exceeded: 1. A 3/4'' inch diameter tubing or pipe size with no drum or headers attached; or 2. Nominal water containing capacity does not exceed six U.S. gallons; or 3. Water temperature does not exceed 350º F.; or 4. Steam is not generated within the coil; or (d) Those potable water heaters exempted by Part HLW-101, “Service Restriction and Exception,”

Section IV of the A.S.M.E. Code; or (e) Those approved as a Florida State Special.

Specific Authority 554.103 FS. Law Implemented 554.103, 554.104, 554.105, 554.106, 554.107, 554.108, 554.109, 554.1101 FS. History–New 2-27-89, Formerly 4A-51.045.

69A-51.050 Inspection Requirements. (1) Access for Inspection. The Chief Inspector, a Deputy Inspector, or a Special Inspector shall have

full access during reasonable hours, to any place of public assembly in the State of Florida where a boiler is being constructed, installed or operated for the purpose of ascertaining whether such boiler is being constructed, installed, or operated in accordance with the requirements of this rule chapter. Immediate access shall be provided in the event of an accident.

(2) Inspection Requirements. Each boiler used or proposed to be used in a place of public assembly within this state except boilers exempt under subsection 69A-51.045(6), F.A.C., shall be thoroughly inspected as to its construction, installation and condition as follows:

(a) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually. They shall be inspected annually both internally, where construction permits, and externally while not under pressure. They shall also be inspected annually externally while under pressure, if possible, within six (6) months of the internal inspection.

(b) Heating boilers, except those constructed of cast iron, shall receive a certificate inspection

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biennially. This inspection may be an external inspection unless an internal inspection is required by the Authorized Inspector. The Authorized Inspector, due to operating conditions, may require additional inspections.

(c) Hot water boilers and hot water supply boilers, except those constructed of cast iron, shall receive a certificate inspection biennially with an internal inspection every four (4) years if the construction of the boiler so permits.

(d) Heating boilers and hot water supply boilers constructed of cast iron shall receive a certificate inspection biennially.

(e) A grace period of one (1) month beyond the periods specified in paragraphs (a)-(d), above, may elapse between certificate inspections; however, the inspection certificate due date shall not be affected.

(f) The Boiler Safety Program may, in its discretion, permit longer periods between certificate inspections.

(3) The Boiler Safety Program is responsible for providing for the safety of life, limb and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided herein. Inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the A.S.M.E. Boiler and Pressure Vessel Code or other construction standard acceptable to the Boiler Safety Program. Inspection frequency shall be in accordance with generally accepted practice and compatible with actual service conditions such as:

(a) Previous experience, based on records of inspection, performance and maintenance. (b) Location with respect to personal hazard. (c) Quality of inspection and operating personnel. (d) Provisions for related safe operation control. (e) Interrelation with other operations outside the scope of this rule chapter. (4) Based upon documentation regarding actual service conditions, the Boiler Safety Program may, in

its discretion, permit variations in the inspection requirements. (5) The inspections herein required, including shop inspections, shall be made by the Chief Inspector, a

Deputy Inspector, or a Special Inspector. (6) If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, the test shall be

performed and the expense shall be borne by the owner or user of the boiler and the test shall be witnessed by the inspector.

(7) All boilers to be installed in a place of public assembly in this state shall be inspected during construction as required by these rules by an inspector authorized to inspect boilers in this state or, if constructed outside of the State of Florida, by an inspector holding a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

(8) Inspection Reports. Each Authorized Inspection Agency employing certified Special Inspectors and each certified Deputy Inspector shall, within fifteen (15) days following each certificate inspection made by such inspectors, file a report of the inspection with the Chief Inspector of the Boiler Safety Program using the following forms, which are hereby adopted and incorporated by reference: Form DI4-380, 10/01/00, “Boiler or Pressure Vessel Data Report – First Internal Inspection” and Form DI4-379, 10/01/00, “Boiler – Fired Pressure Vessel – Report of Inspection”. Authorized Inspection Agencies may reproduce these forms for their own use. Copies may be obtained from the Boiler Safety Program, Bureau of Fire Prevention, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(9) If, upon inspection, the Chief Inspector, Deputy Inspector, or Special Inspector finds that a boiler is unsafe for further operation and poses an imminent danger to the public health, safety and welfare, he may immediately order the boiler to be shut down. He shall promptly notify the owner or user stating what repairs or other corrective measures are needed. The boiler shall remain shut down until a reinspection by an Authorized Inspector determines that all violations have been corrected, that the boiler is safe to operate, and that a Certificate of Compliance may be issued. Any such action shall be in compliance with Chapter 120, F.S.

(10) If an insured boiler with a Certificate of Compliance ceases to be insured, that Certificate shall be valid until the indicated expiration date.

(11) All Authorized Inspection Agencies shall notify the Chief Inspector of the Boiler Safety Program within thirty (30) days of all boiler installation risks written, cancelled, or not renewed in places of public assembly in this state.

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(12) Inspection Exemptions. (a) Any Authorized Inspection Agency licensed to sell boiler and pressure vessel insurance in this state

and insuring a boiler in a place of public assembly located in the state shall inspect such boiler so insured. (b) Such inspection shall be performed by a Special Inspector holding a Certificate of Competency

from this state. (c) Upon filing of a report of satisfactory inspection with the Department, such boiler is exempt from

inspection by the Department. (13) Inspection Numbers. (a) Upon completion of installation and/or at the time of the first inspection, all boilers shall have

attached, by the inspector making the inspection, a metal self-locking seal or non-corrosive tag which bears the Florida State serial number. The seals are to be attached in a conspicuous place where they cannot be easily removed, such as around the connecting water column pipes, steam gauge pigtail or siphon or around the piping connecting the boiler and its safety or relief valve.

(b) A block of Florida State serial numbers will be furnished, upon application, by the Chief Boiler Inspector to Authorized Inspection Agencies for use by Special Inspectors on boilers insured and inspected by their companies. The furnishing and installing of non-corrosive tags is the responsibility of the Authorized Inspection Agency. The approximate size of the non-corrosive tag shall be one inch by three inches (1'' ⋅ 3'').

(c) Boilers which are brought into the state for temporary use shall not be assigned Florida State serial numbers.

(d) It shall be the duty of every inspector, at the time of the certificate inspection, to determine if the boiler has attached the required metal self-locking seal or non-corrosive tag bearing the Florida State serial number.

(e) Florida State serial numbers 0001 through 49,999 shall be referred to as high pressure numbers and used for power boilers and high pressure high temperature water boilers. Florida State serial numbers 50,000 and above shall be referred to as low pressure numbers and used for low pressure steam, hot water and hot water supply boilers.

(f) Stamping of Florida State serial numbers on non-corrosive tags shall be as follows: FL000000

Florida State serial numbers shall be stamped with numbers and letters not less than 5/16 inch in height. (14) Types of Authorized Inspection Agencies. (a) Boiler Safety Program, Bureau of Explosives and Fire Equipment, Department of Financial

Services, State of Florida. (b) Any insurance company licensed to insure boilers and pressure vessels in the State of Florida. (15) Registration Requirements. Any company insuring boilers and pressure vessels in this state which

maintains a regularly established inspection department and employs qualified supervisors and Authorized Inspectors shall apply on its letterhead stating the inspection categories (either boilers or pressure vessels or both) for which registration is requested. The company’s application letter shall include sufficient information on which a decision may be based including the make up of its supervisory staff and their qualifications to supervise the company’s Authorized Inspectors.

(16) Existing Non-Standard Boilers. (a) Non-standard boilers which were installed in the State of Florida prior to October 1, 1987, shall be

subject to the provisions of the A.S.M.E. Boiler and Pressure Vessel Code, Section I, paragraphs A-33 and A-36. The factor of safety for boilers shall not be less than the following:

1. 5.0 for boilers 20 to 25 years old. The existing factor of safety may be continuous if subparagraph 2., below, has been complied with.

2. For each five years thereafter, the factor of safety of boilers shall be increased by not less than five-tenths; provided, however, that after a thorough internal and external inspection and a hydrostatic test to one and one-half (1 1/2) times the pressure allowed, during which no distress or leakage develops, the pressure allowed may be continued at its present factor of safety. The owner or user of such boiler shall prepare the boiler for hydrostatic pressure test by uncovering all riveted joints.

3. When boilers of the horizontal return tubular, flue, cylinder, or locomotive type having a longitudinal lap joint reach the age of thirty-five (35) years, the maximum allowable working pressure shall not be in excess of fifteen (15) pounds per square inch.

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4. In no case shall the maximum allowable working pressure on a non-standard boiler be increased, unless it is being operated at a lesser pressure than would be allowed for A.S.M.E. Code Boilers.

5. Any non-standard boiler which has been or is now located in a place of public assembly within this state, and which shall be removed from and returned to the state, cannot be used in Florida for permanent service, but shall be subject to the rules in this rule chapter governing temporary boilers if it is to be operated in Florida.

(b) Non-standard boilers brought into the state for temporary use. 1. Any person, firm, or corporation desiring to bring a non-standard boiler into this state for temporary

use at a place of public assembly shall make application to the Chief Inspector for permission to use such boiler, stating the location where the boiler is to be used, and the approximate length of time it is to be used, and shall comply with the requirements in the following subparagraphs;

2. It shall be unlawful to operate any temporary boiler in a place of public assembly within this state until an internal inspection has been made, a hydrostatic pressure test has been applied, a report has been submitted to the Chief Inspector, and a certificate of compliance has been issued.

3. This inspection shall consist of an internal and external inspection, together with a hydrostatic test of one and one-half (11/2) times the safe working pressure. The boiler shall be operated at a pressure not greater than that permitted by the inspector at the time of inspection and stipulated on the certificate of compliance.

4. The boiler may be inspected by the Chief Inspector or a Special Inspector or a Deputy Inspector. The inspection must be made at the time the boiler is first brought into Florida and before being put into service, provided an inspection of it has not been made and a hydrostatic test applied within the preceding thirty (30) days. In such cases, a copy of the inspection report together with the required certificate of inspection fee shall be forwarded to the Department within three (3) days and, if the condition of the boiler warrants, a certificate of compliance will be issued.

5. No certificate shall be issued for a longer period of time than six (6) months from the date of inspection. However, if the temporary work is not completed at the expiration of that time, the certificate may be extended for three (3) months, after another inspection (but not necessarily a hydrostatic test), and upon payment of an additional certificate fee, after which time the boiler must be taken out of service. In no case shall the boiler change ownership and remain in the state without permission from the Boiler Safety Program. The certificate must be available at all times at the location where the temporary boiler is operating.

6. When a temporary boiler is examined by the Chief Inspector or a Deputy Inspector the fee required by Section 554.111, F.S., shall be paid and forwarded to the Department.

7. Temporary boilers shall not be assigned a Florida State serial number. (17) Additional Inspections. (a) These rules are intended to provide reasonable and adequate requirements for the construction,

maintenance, inspection, and use of boilers, and to provide for the inspection during fabrication, repair or alteration of those pressure vessels that are required by the owner and/or user to (a) meet ASME and NBIC requirements; and (b) be stamped as meeting those requirements.

(b) These rules are not designed to provide an inspection program for unfired pressure vessels, except as provided for by Chapter 554, F.S. However, inspections will be provided when requested by the owner or the user. The rules are intended to promote uniform standards for the design, fabrication, repair, alteration and inspection of steam and hot water boilers, and the inspection during fabrication, repair, or alteration of those pressure vessels that are required by the owner or user to (a) meet ASME and NBIC requirements; and (b) be stamped as meeting those requirements.

(18) Notice of Internal Inspection of Boilers. The owner or user of a boiler not exempted by Chapter 554, F.S., or by these rules shall be given fourteen (14) days notice of an impending internal inspection, by the responsible Inspector. No such notice shall be required for external inspections.

(19) Preparation for Internal Inspection. (a) The owner or user shall prepare each boiler for internal inspection, and shall prepare for and apply a

hydrostatic pressure test, whenever necessary, on the date arranged by the Inspector. The boiler shall be prepared for internal inspection as follows:

1. The fuel supply and ignition system shall be locked out. 2. The boiler, furnace and setting shall be sufficiently cooled to prevent damage to any part.

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3. Water shall be drawn off and the water side thoroughly washed out. 4. The manhole and handhole plates, washout plugs, as well as inspection plugs in water column

connections, shall be removed as required by the Inspector. 5. All grates of internally fired boilers shall be removed. 6. Insulation and brickwork shall be removed as required by the Inspector in order to determine the

condition of the boiler, headers, furnace, supports, or other parts. 7. The pressure gauge shall be removed for testing when required by the Inspector. 8. Any leakage of steam or hot water into the boiler shall be prevented by disconnecting the pipe or

valve at the most convenient point or any appropriate means approved by the Inspector. 9. Before opening the manhole(s) or handhole covers and entering any part of a boiler which is

connected to a common header with other boilers, the required steam or water system stop valves shall be closed, tagged, and padlocked, and the drain valves or cocks between the two closed stop valves opened. The feed valves must be closed, tagged, and padlocked. Alternatively, lines may be blanked or sections of pipe removed. Blowoff lines, where practicable, shall be disconnected between pressure parts and valves. All drains and vent lines shall be open.

10. No owner or user shall permit entry into a boiler, nor shall an employee or Inspector enter a boiler, until the plant inspector or supervisor and the person entering the boiler have confirmed that all stop valves on inlet and outlet piping (not vented to the atmosphere) have been closed and tagged. Where not valved, the piping shall be disconnected or blanked. In addition, plant personnel shall make appropriate tests to assure that there is no oxygen deficiency or hazardous or toxic gasses in the drums to be entered by the Inspector.

(b) All automatic low water fuel cutoff and water feeding devices shall be examined to ensure that they are properly installed; and shall have the float chamber types or control devices disassembled and the float linkage and connections examined for wear. The float chamber shall be examined to ensure that it is free of sludge or other accumulation. Any necessary corrective action should be taken before the device is placed back in service.

(20) Boilers Improperly Prepared for Inspection. If a boiler has not been properly prepared for an internal inspection, or if an owner or user has failed to comply with the requirements for a pressure test as set forth in these rules, the Inspector may decline to make the inspection or test, and the certificate of compliance shall be withheld or suspended until the owner or user complies with the requirements.

(21) Removal of Covering to Permit Inspection. If a boiler is jacketed so that the longitudinal seams of shells, drums or domes cannot be seen, sufficient jacketing, setting wall, or other form of casing or housing shall be removed to permit reasonable inspection of the seams and other areas necessary to determine the condition and safety of the boiler, provided such information cannot be determined by other means.

(22) Inspection of Power Boilers. The internal and external inspection of power boilers shall meet the requirements of subsection C6 of the A.S.M.E. Code, Section VII, Recommended Rules for Care of Power Boilers; and the National Board Inspection Code, as adopted herein.

(23) Inspection of Heating, Supply and Potable Water Boilers. The internal (when required), and external inspections of steam and hot water heating, hot water supply, and potable water heaters (lined storage water heater), shall meet the guidelines of 7.09 and 8.09 of the A.S.M.E. Code, Section VI, Recommended Rules for Care and Operation of Heating Boilers; and the National Board Inspection Code, as adopted herein.

Specific Authority 554.103 FS. Law Implemented 554.103, 554.108, 554.109, 554.1101 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.050.

69A-51.060 Requirements for New Installations.

The provisions of this part shall apply to new installations of power boilers, high pressure high temperature hot water boilers, low pressure heating and hot water supply boilers located in places of public assembly.

(1) Requirements for new installations: (a) No boiler except those exempt by the provisions of Part III of these rules shall be installed in this

state unless it has been constructed, inspected, stamped, and installed in conformity with the A.S.M.E. Boiler and Pressure Vessel Code as adopted herein, and registered with the National Board of Boiler and

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Pressure Vessel Inspectors and registered directly with the Boiler Safety Program by the Authorized Inspection Agency.

(b) A boiler constructed equivalent to the required standards or having a standard stamping of another state that has adopted a standard of construction equivalent to the standards of the State of Florida may be accepted by the Department, provided, however, that the person desiring to install the boiler shall request permission from the Chief Inspector prior to installation and shall supply the Chief Inspector with the Manufacture’s Data Report covering the construction of the boiler and with any other information reasonably calculated to permit the Chief Inspector to make an informed decision.

(2) Electrically heated boilers. (a) All electrically heated boilers shall bear the applicable A.S.M.E. Code Stamp and the Underwriters

Laboratory label. The boilers shall be supplied by the manufacturer as a complete unit and shall not be converted in the field.

(b) Electrically heated boilers shall be permanently grounded in accordance with NFPA 70-1984 edition, the National Electrical Code, as adopted in Rule 69A-3.012, F.A.C.

(c) A suitable screen or guard shall be provided around high tension bushings and a sign posted warning of high voltage. This screen or guard shall be so located that it will be impossible for anyone working around the boiler to accidently come in contact with the high tension circuits.

(3) Power boilers. (a) Ladders and runways. A steel runway or platform at least twenty-four inches (24'') wide and

provided with standard handrails and toe boards on either side and having at least 7' 6'' head room shall be installed across the tops of adjacent boilers or at some other convenient level, for the purpose of affording safe access to the boilers. All runways shall have at least two (2) means of exit, each exit to be remotely located from the other and connected to a permanent stairway or inclined ladder leading to the floor level.

(b) Exit from the boiler rooms. All boiler rooms exceeding five hundred (500) square feet of floor area and containing one or more boilers having a fuel-burning capacity of 1,000,000 BTU’s shall have at least two (2) means of exit. Each exit shall have at least two (2) means of egress, each remotely located from the other.

(c) Inspection space. All boilers shall be located so that adequate space shall be provided for the proper operation of the boiler and its appurtenances; for the inspection of all surfaces, drums, tubes, waterwalls, economizers, piping, valves, and other equipment; and for necessary maintenance and repair.

(d) Explosion doors. Explosion doors, if used and if located in the setting walls within seven (7) feet of the firing floor or operating platform, shall be provided with substantial deflectors to divert the blast.

(e) Clearance. When new power boilers are installed in new buildings, a minimum height of at least seven (7) feet shall be provided between the top of the boiler proper and the ceiling, except in the single installations of self-contained boilers where a minimum height of at least three (3) feet shall be provided between the highest point of any valve stem or fitting and the ceiling. It is recommended that these requirements be followed as nearly as possible when replacing boilers in existing buildings.

(f) Blow-off tanks. 1. Blow-off piping from a power boiler shall not discharge directly into a sewer. A blow-off tank shall

be used where conditions do not provide adequate and safe open discharge. 2. Blow-off tanks installed after the effective date of this rule, if of metal, shall have a plate thickness

of not less than 5/16´´ and shall be designed for a minimum working pressure of 50 psig. Blow-off tanks shall be built, stamped, and installed in accordance with the requirements of the National Board Inspection Code and the A.S.M.E. Boiler and Pressure Vessel Code, as adopted herein.

(g) The discharge of safety valves shall vent to the atmosphere and the outlets shall be located so as to prevent injury to personnel. Blow-off pipes and other outlets shall also be located so as to prevent injury to personnel.

(h) The stamping of the boiler and safety valves shall not be concealed by lagging or paint and shall be exposed at all times unless a suitable record is kept of the location of the boiler stamping so it may be readily uncovered at any time.

(i) Safety valves. 1. Each boiler shall have at least one A.S.M.E. certified safety valve, and if it has more than 500 sq. ft.

of bare tube water heating surface, or an electric power input of more than 1100 KW, it shall have two or more safety valves of the same type.

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2. The valve or valves shall be connected to the boiler, independent of any other steam connectors and attached as close as possible to the boiler without any intervening valves.

3. The safety valve capacity of each boiler shall be such that the safety valve or valves will discharge all of the steam that can be generated by the boiler without allowing the pressure to rise more than six (6) percent above the highest pressure to which the valve is set and in no case to more than six (6) percent above the maximum allowable working pressure.

4. The safety valve or safety relief valve capacity shall be in compliance with section I, Part PG, PG-70, “Capacity,” of the A.S.M.E. Boiler and Pressure Vessel Code, as adopted herein, but shall not be less than the maximum designed steaming capacity as determined by the manufacturer.

5. No boiler shall be operated without an A.S.M.E. Certified Safety Valve installed, nor have the safety valves act at a pressure in excess of the safe working pressure stated on the Certificate of Compliance.

6. Repairs to safety and safety relief valves shall be conducted only by the manufacturer or by holders of the National Board “VR” Certificate of Authorization.

7. The use of weighted-lever safety valves or safety valves having either the seat or disk of cast iron are prohibited; valves of this type of construction shall be replaced by direct, spring-loaded, pop-type valves that conform to the requirements of the A.S.M.E. Code, Section I, as adopted herein.

(j) Boiler feeding. 1. Each boiler shall have a feed supply which will permit it to be fed at anytime while under pressure. 2. Boiler feed to all boilers shall conform to the requirements of the A.S.M.E. Boiler and Pressure

Vessel Code and to the National Board Inspection Code, as adopted herein. (k) Water level indicators. 1. Each boiler, except forced flow steam generators with no fixed steam and waterline, and except high

temperature water boilers of the forced circulation type that have no steam and waterline, shall have at least one water gauge glass.

2. Water level indicators shall conform to the requirements of the A.S.M.E. Boiler and Pressure Vessel Code and to the National Board Inspection Code, as adopted herein.

(l) Steam gauges. 1. Each steam boiler shall have a steam gauge with a dial range not less than 1 1/2 times the maximum

allowable working pressure, connected to the steam space or to the steam connection to the water column. The steam gauge shall be connected to a siphon or to an equivalent device of sufficient capacity to develop and maintain a water seal which will prevent steam from entering the gauge tube.

2. Steam gauges to steam boilers shall conform to the requirements of the A.S.M.E. Boiler and Pressure Vessel Code and to the National Board Inspection Code, as adopted herein.

(m) Pressure reducing valves. 1. Where pressure reducing valves are used, one or more safety relief valves shall be provided on the

low pressure side of the reducing valve when the piping or equipment on the low pressure side does not meet the requirements for the full initial pressure. The safety or safety relief valves shall be located adjoining or as close as possible to the reducing valve. Proper protection shall be provided to prevent injury or damage caused by escaping fluid from the discharge of the safety relief valves if vented to the atmosphere. The combined discharge capacity of the safety or safety relief valves shall be such that the pressure rating shall not be exceeded in case the reducing valve fails in the open position.

2. The use of hand controlled bypasses around the reducing valves is permissible. If a bypass is used around a reducing valve, the safety valve required on the low pressure side shall be of sufficient capacity to relieve all the fluid that can pass through the bypass without overpressuring the low pressure side.

3. A pressure gauge shall be installed on the low pressure side of the reducing valve. (n) Supports. Each boiler shall be supported by masonry or structural supports of sufficient strength

and rigidity to safely support the boiler and its contents. There shall be no excessive vibration in either the boiler or its connecting piping.

(o) Air and ventilation requirements – Combustion air supply and ventilation of boiler room. 1. A permanent source of outside air shall be provided for each boiler room to permit satisfactory

combustion of the fuel as well as proper ventilation of the boiler room under normal operating conditions. 2. To determine the total requirements of the burners for all fired pressure vessels and fired equipment

in the boiler room, the formula following the table below shall be used to find the square foot area of a louvered air inlet, where fired by combustible fuels. The minimum net free louvered area shall in no event

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be less than one square foot. The table below is based on the formula and either the table or the formula shall be used to determine the net louvered area required, expressed in square feet: INPUT REQUIRED AIR MIN. NET BTU/HOUR CU. FT./MIN. LOUVERED AREA SQ. FT. 500,000 125 1.0 1,000,000 250 1.0 2,000,000 500 1.6 3,000,000 750 2.5 4,000,000 1000 3.3 5,000,000 1250 4.1 6,000,000 1500 5.0 7,000,000 1750 5.8 8,000,000 2000 6.6 9,000,000 2250 7.5 10,000,000 2500 8.3

Formula:

BTU/HR ⋅ 2.5 = AIR, CFM = Min. Net Area Sq. Ft. 10,000 300 or BTU/HR 2.5 = REQUIRED AIR = Min. Net Area Sq. Ft. 10,000 300

3. When mechanical ventilation is used in lieu of 2., above, the supply of combustion and ventilation

air to the boiler room and the firing device shall be interlocked with the fan so the firing device will not operate with the fan off. The velocity of the air through the ventilating fan shall not exceed 500 feet per minute and the total air delivered shall be equal to or greater than shown in subparagraph 2., above.

(4) Heating and hot water supply boilers. All new steam heating, hot water heating, and hot water supply boilers shall be installed in accordance with the requirements of these rules.

Specific Authority 554.103 FS. Law Implemented 554.103, 554.104, 554.105, 554.106, 554.107 FS. History–New 2-27-89, Amended 10-23-00, Formerly 4A-51.060.

69A-51.065 Requirements for Existing Installations. (1) Standard boilers. The maximum allowable working pressure shall in no case exceed the pressure

indicated by the manufacturer, either stamped or cast on the boiler or on a plate secured to it. (2) Non-standard riveted boilers. The maximum allowable working pressure on the shell of a non-

standard riveted heating boiler shall be determined in accordance with the National Board Inspection Code as adopted and incorporated herein, except that:

(a) In no case shall the maximum allowable working pressure of a steam heating boiler exceed 15 psig; and

(b) In no case shall the maximum allowable working pressure of a hot water heating boiler exceed 160 psig nor shall the temperature exceed 250º F.

(3) Non-standard welded boilers. The maximum allowable working pressure of non-standard steel or wrought iron heating boilers of welded construction shall not exceed 15 psig for steam. For other than steam service, the maximum allowable working pressure shall be calculated in accordance with section IV of the A.S.M.E. Boiler and Pressure Vessel Code, as adopted herein.

(4) Non-standard cast iron boilers. The maximum allowable working pressure of a non-standard boiler composed principally of cast iron shall not exceed 15 psig for steam service or 30 psig for hot water service. The maximum allowable working pressure of a non-standard boiler having a cast iron shell or heads and steel or wrought iron tubes shall not exceed 15 psig for steam service or 30 psig for hot water service.

(5) Parts and appurtenances. All parts and appurtenances attached to low pressure heating and hot

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water supply boilers that come under these rules shall conform to the requirements of the A.S.M.E. Boiler and Pressure Vessel Code and the National Board Inspection Code and shall include safety valves, safety relief valves, steam gauges, pressure or altitude gauges, water gauge glasses, stop and check valves, feed water connections and return pump.

(6) Automatic low water fuel cutoff and/or water feeding device. (a) Each automatically fired steam boiler shall have an automatic low water fuel cutoff so located as to

automatically cut off the fuel supply when the surface of the water falls to the lowest visible part of the water gauge glass. If a water feeding device is installed, it shall be so constructed that the water inlet valve cannot feed water into the boiler through the float chamber and so located as to supply requisite feedwater. Such a fuel cutoff or water feeding device shall comply with section IV, Part HG; Article 6, HG-606, “Automatic Low-Water Fuel Cutoff and/or Water Feeding Device,” of the A.S.M.E. Code adopted herein.

(b) Each automatically fired hot water heating boiler with heat input greater than 400,000 BTU/HR shall have an automatic low water fuel cutoff which has been designed for hot water service, and it shall be located so as to automatically cut off the fuel supply when the surface of the water falls to the lowest safe water level established by the boiler manufacturer. Such low water fuel cutoff shall comply with section IV, Part HG, Article 6, HG-614, “Low-Water Fuel Cutoff,” of the A.S.M.E. Code, as adopted herein.

(7) Repairs and renewals of fittings and appliances. Whenever repairs are made to fittings or appliances, or it becomes necessary to replace them, the repairs must comply with section IV of the A.S.M.E. Boiler and Pressure Vessel Code for new construction.

Specific Authority 554.103 FS. Law Implemented 554.103, 554.104, 554.105, 554.106, 554.107 FS. History–New 2-27-89, Formerly 4A-51.065.

69A-51.075 Repairs. (1) Repairs to all boilers and appurtenances thereof that come under these rules shall conform to the

National Board Inspection Code and this rule chapter. Where a repair affecting the safety of the boiler is necessary, the owner and/or user shall call a Florida Commissioned Inspector for consultation and advice as to the best method of making the repair, and the completed work shall be subject to his approval.

(2) No company shall undertake a repair to a boiler unless the contemplated repairs have first been approved by a Florida Commissioned Inspector.

(3) Should a repair outside the scope of these rules be deemed feasible by a Florida Commissioned Inspector, such a repair may be undertaken only with the full knowledge and consent of the Chief Boiler Inspector, Boiler Safety Program.

(4) These rules are intended to apply to repairs or alterations to boilers which come under these rules. The repairs made in accordance with these rules shall result in a boiler as safe as when it was originally constructed.

(5) Upon completion of repairs of an unsafe condition, the Authorized Inspection Agency responsible for the issuance of the withheld Certificate of Compliance shall submit a reinspection report to the Department. The reinspection report shall include pertinent data pertaining to the required repairs including a copy of the “Report of Welded Repair” in the National Board Inspection Code, if applicable.

(6) Lap Seam Crack. The shell or drum of a boiler in which a lap seam crack is discovered along a longitudinal riveted joint shall be immediately removed from service. If the boiler is not more than 15 years old, a complete new course of the original thickness may be installed at the discretion of the inspector (with the approval of the Chief Inspector). Patching is prohibited.

(7) Hydrostatic Pressure Test. (a) A hydrostatic pressure test, when applied to boilers of riveted or welded construction, shall not

exceed one and one-half (11/2) times the maximum allowable working pressure. Hydrostatic pressure applied to glass lined vessels shall not exceed the maximum allowable working pressure. During the hydrostatic pressure test, the safety valve or valves shall be removed or each valve disk shall be held down by means of a testing clamp and not by applying additional load to the spring with the compression screw. The minimum temperature of the water used to apply a hydrostatic test shall be not less than 70º F., and the maximum temperature shall not exceed 120º F.

(b) When a hydrostatic test is to be applied to existing installations, the pressure shall be as follows:

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1. For all cases involving the question of tightness, the pressure shall be equal to the release or set pressure of the safety valve or valves having the lowest release setting.

2. For all cases involving the question of safety, the pressure shall be equal to one and one-half (1 1/2) times, the maximum allowable working pressure.

(8) Riveted Patches. In applying riveted patches, the design of the patch and the method of installation shall be in accordance with the rules for riveted patches as required by the National Board Inspection Code.

(9) Repairs by Fusion Welding. (a) When repairs are to be made involving the use of welding, permission to proceed with the work

must be obtained from a Florida Commissioned Inspector. All repairs by welding shall be completed in accordance with the rules for repairs for fusion welding to boilers and pressure vessels in the National Board Inspection Code.

(b) Repair Organization. 1. A holder of a valid National Board Certificate of Authorization, authorizing the use of the “R”

stamp, or, 2. The holder of a valid A.S.M.E. Certificate of Authorization for use of the appropriate code symbol

stamp, or, 3. One which is authorized by the Boiler Safety Program. (c) Inspection and Hydrostatic test. (10) No repairs by welding shall be made without the approval of a Florida Commissioned Inspector

who shall, if he considers it necessary, make an inspection of the boiler to be repaired before granting approval of the contemplated repairs. If in the opinion of the Florida Commissioned Inspector a hydrostatic test is necessary, such a test shall be applied after the repairs have been completed.

Specific Authority 554.103 FS. Law Implemented 554.103 FS. History–New 2-27-89, Formerly 4A-51.075.

69A-51.080 Condemned Boilers. (1) Any boiler which comes under these rules, having been inspected and declared unsafe by an

inspector shall, after approval by the Chief Inspector, be stamped by the inspector with an arrow head stamp having an overall length of 1/2'' and width of 3/8'' on either side of the letter “XXX” and the letters of the state as shown by the following facsimile, which will designate a condemned boiler. In addition, the word CONDEMNED shall be stamped under the condemned facsimile.

XXX FL XXX Condemned

(2) Any person, firm, partnership or corporation using or offering for sale a condemned boiler which comes under these rules for operation in a place of public assembly within the state shall be subject to the penalty provided in Section 775.083, F.S.

Specific Authority 554.103 FS. Law Implemented 554.103, 554.114 FS. History–New 2-27-89, Formerly 4A-51.080.

69A-51.085 Accidents.

When an accident occurs to a boiler located in a place of public assembly, the responsible Florida Commissioned Inspector, as well as the owner or user, shall promptly notify the Chief Inspector by submitting a detailed report of the accident. In the event of personal injury or any explosion, notice shall be given immediately by telephone, telegraph or messenger, and neither the boiler, nor any parts thereof, shall be removed or disturbed before permission has been given by the Chief Inspector, except for the purpose of saving human life and limiting consequential damage.

Specific Authority 554.103 FS. Law Implemented 554.1021, 554.103, 554.104, 554.108, 554.109, 554.1011, 554.111, 554.114, 554.115 FS. History–New 2-27-89, Formerly 4A-51.085.

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69A-52

FEES RULE CHAPTER

69A-52.001 Title. These rules comprising Rule Chapter 69A-52, F.A.C., shall be known as the “Fees Rule Chapter”.

Specific Authority 633.01, 633.085(5) FS. Law Implemented 633.085(5) FS. History–New 6-18-91, Formerly 4A-52.001.

69A-52.002 Purpose and Scope.

Pursuant to Section 633.085(5), F.S., the following rules are adopted covering the schedule of fees charged for the costs of inspection and related administrative expenses incurred by the Division of State Fire Marshal. The fees shall be established at a level which will recover the costs which the State Fire Marshal incurs in fulfilling its legislative mandates.

Specific Authority 633.01, 633.085(5) FS. Law Implemented 633.085(5) FS. History–New 6-18-91, Formerly 4A-52.002.

69A-52.003 Application.

The State Legislature mandates that the State Fire Marshal shall perform the following functions for which fees shall be charged:

(1) Inspect each state-owned building on a recurring basis, as defined in Rule 69A-3.009, F.A.C., and inspect high hazard state owned occupancies at least annually for compliance with applicable fire safety standards for state-owned buildings.

(2) Perform tests on all components of any electronic fire warning system, smoke detection system and any pressurized air handling unit.

(3) Inspect any new, renovated, alteration or change of occupancy of any existing state-owned or state-leased building.

(4) Review plans for all new construction, renovation, alteration, or change of occupancy of any existing state-owned or state-leased building.

Specific Authority 633.01, 633.085(5) FS. Law Implemented 633.01(1), 633.085 FS. History–New 6-18-91, Amended 9-6-01, Formerly 4A-52.003.

69A-52.004 Fees. (1) Review of plans for all new construction, renovations, alterations, or changes of occupancy. (a)1. The plans review fee for all new construction, renovations, alterations, or changes of occupancy

for state-owned and state-leased buildings shall be computed by multiplying the estimated cost of construction by .0025.

2. If no construction cost is involved in a change of occupancy, the plans review fee will be calculated at the rate of $.02 per square foot of newly occupied space.

3. The minimum fee for each plan review is $100 per building. (b)1. The plans review fees set forth in paragraph (1)(a) of this rule includes 3 inspections or site visits. a. When applicable, one mandatory site visit to observe the inspection on the underground fire

protection main. This site visit is to occur prior to cover-up; and b. One optional inspection, conducted at the discretion of the State Fire Marshal’s Plans Review

Section or Firesafety Inspection, to occur prior to close-in of the building. In considering whether to

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conduct an optional inspection, the section shall apply the following: (I) The complexity of construction. (II) Whether a fire alarm system has been installed. (III) Whether a sprinkler system has been installed. (IV) Whether other required fire protection systems have been installed, and c. One mandatory inspection to occur prior to occupancy of the building. 2. The State Fire Marshal or his designee shall be the final authority as to when the building meets

firesafety standards for occupancy. (c) Additional inspections required as a result of code violations found during the final inspection shall

be billed at the rate of $65 per hour, per inspector (portal to portal), plus expenses. (d) Plans review fees shall be paid in full by the lessor, design professional, or state agency before the

review process begins. All plans review fees are payable to “Department of Financial Services”. (2) Firesafety inspections on existing buildings. (a) The fee for recurring or annual firesafety inspections for state-owned buildings is computed by

multiplying the value of the building, as reported by the Division of Risk Management for coverage in the state’s property self-insurance program, by .0002. This fee includes any additional inspection or inspections that may be necessary to help insure compliance with the fire prevention code. The minimum fee for each inspection is $100 per building.

(b)1. The Division of State Fire Marshal shall bill annual fire inspection fees by September 1 of each year.

2. The bill for inspection fees sent to a state agency will cover fees for all space owned by that agency. 3. These fees may be paid in equal installments on September 1, December 1, March 1, and June 1 of

each fiscal year. 4. All firesafety inspection fees are payable to “Department of Financial Services”.

Specific Authority 633.01, 633.085(5) FS. Law Implemented 633.01(1), 633.085(5) FS. History–New 6-18-91, Amended 10-20-93, 9-6-01, Formerly 4A-52.004.

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69A-53

UNIFORM FIRE SAFETY STANDARDS FOR HOSPITALS AND NURSING

HOMES

69A-53.001 Title. These rules comprising Rule Chapter 69A-53, F.A.C., shall be known as the “Uniform Fire Safety Standards for Hospitals and Nursing Homes.”

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-8-90, Formerly 4A-53.001.

69A-53.002 Purpose. (1) The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree

of safety from fire in buildings, structures or premises used as hospitals and nursing homes. (2) These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary

inconveniences or interference with the normal use and occupancy of hospitals and nursing homes, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-8-90, Formerly 4A-53.002.

69A-53.003 Scope. (1) These rules are concerned with life safety during fires and similar emergencies. They address

particular matters such as devices, systems installations, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes or panic before buildings, structures or premises are vacated.

(2) These rules apply to both new and existing hospitals and nursing homes.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022 FS. History–New 10-8-90, Amended 7-11-01, Formerly 4A-53.003.

69A-53.004 Standards of the National Fire Protection Association Adopted.

The standards of the National Fire Protection Association for life safety from fire, as provided in NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C., and incorporated herein by reference shall be the Uniform Fire Safety Standards for Hospitals and Nursing Homes.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 10-8-90, Formerly 4A-53.004.

69A-53.005 Purpose and Scope.

This part implements Sections 633.022(4), 633.024, and 633.0245, F.S. (2005), by providing procedures for owners of eligible nursing homes to participate in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program, a limited state guarantee program intended to mobilize private funding for the installation of required fire sprinkler systems in unprotected, eligible nursing homes within Florida. Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

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69A-53.0051 Definitions.

(1) “Eligible Nursing Home” means a facility that provides nursing services as defined in Chapter 464, F.S., is licensed under Part II of Chapter 400, F.S., and is certified by the Agency for Health Care Administration that lack an installed fire protection system as defined in Section 633.021(9), F.S.

(2) “Hazardous area” means each: (a) Boiler and fuel fired heater room. (b) Central and bulk laundry more than 100 square feet in area. (c) Paint shop. (d) Repair shop. (e) Soiled linen room. (f) Trash collection room. (g) Storage room larger than 50 square feet in area which contains combustible supplies or equipment

in quantities deemed hazardous by the authority having jurisdiction, pursuant to the applicable provisions of the Florida Fire Prevention Code adopted in Rule Chapter 69A-60, F.A.C.

(h) Laboratories employing flammable or combustible materials. (i) Other areas posing a higher degree of hazard than that normally associated with the occupancy as

determined by the authority having jurisdiction, pursuant to the applicable provisions of the Florida Fire Prevention Code adopted in Rule Chapter 69A-60, F.A.C.

(3) “Participating qualified public depository” means a financial institution qualified as a public depository in this state which has entered into a limited loan guarantee agreement with the State Fire Marshal pursuant to Section 633.0245, F.S. Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

69A-53.0052 Fire Sprinkler Requirements for Nursing Homes.

(1) Section 633.022(4), F.S., requires that nursing homes licensed under Part II of Chapter 400, F.S., be protected by an approved supervised automatic sprinkler system in accordance with Chapter Nine (9) of the Florida Edition of NFPA 101, the Life Safety Code adopted in Rule 69A-3.012, F.A.C., pursuant to the following schedule:

(a) Each hazardous area of each nursing home shall be protected by an approved supervised automatic fire sprinkler system by no later than December 31, 2008.

(b) Each nursing home, in its entirety, shall be protected by an approved supervised automatic fire sprinkler system by no later than December 31, 2010.

(2) The Division may grant a maximum of two one-year extensions to the final date of compliance with paragraphs (1)(a) and (b) above, for the hazardous area portion of the retrofitting project, only after establishing that the nursing home has been prevented from complying for reasons beyond its control. Such reasons may include:

(a) A last-minute, unexpected loss of funding for all or a portion of the project that is unrelated to an action by, or the financial standing of, the nursing home.

(b) Unexpected structural issues with the planned retrofitting of the nursing home that have resulted in a need for additional labor, equipment, planning or funding.

(c) Any other reason the owner can establish that is: 1. Unrelated to either delay or inattention on the part of the owner, and 2. Of sufficient import or magnitude that the project cannot feasibly be completed by the applicable

deadline. (3) A request for extension under subsection (2) must: (a) Be received by the Division prior to the expiration of the deadline in question, (b) Be accompanied by sufficient information and data to clearly establish the factual basis for the

request, and (c) Establish the owner’s ability to complete the project by the end of the extension period.

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Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

69A-53.0053 State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Application Procedures.

(1) An owner of an eligible nursing home who wishes to participate in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program must make application on Form DFS-K3-1659 (effective 2-18-07) which is hereby adopted and incorporated herein, and which may be obtained by contacting the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The application must be accompanied by the conceptual design documentation for the proposed fire sprinkler system as prepared by or on behalf of a person certified under Section 633.521, F.S.

(2) All properly completed applications, which must include acceptable documentation for the conceptual design, for participation in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program must be received by the State Fire Marshal on or before June 30, 2006.

(3) Upon submission of an application for funding through the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program, the State Fire Marshal shall evaluate the proposed fire protection system and determine whether it complies with all applicable fire safety code provisions.

(4) If the proposed fire protection system does not comply with the applicable fire safety code provisions, the Division of State Fire Marshal shall notify the owner in writing of each area of deficiency and the specific code provision governing the deficiency, and shall take no further action until each deficiency has been corrected.

(5) Upon receipt of an application that meets the requirements of this rule chapter and provides for the construction of a fire protection system that complies with the applicable fire safety code provisions, the State Fire Marshal shall issue a conditional approval of the application.

(6) If the loan application is approved for funding pursuant to Rule 69A-53.0054, F.A.C., the nursing home owner shall provide the State Fire Marshal with a final set of sealed construction plans for the project, which must be approved by the State Fire Marshal prior to initiation of construction. Once such approval is given, installation will then be permitted to commence, if all applicable building permits for the project have been issued.

(7) During construction of the fire protection system, the State Fire Marshal shall conduct as many on-site inspections as deemed necessary to ensure that the installation of the required fire sprinkler system is in accordance with the approved plans. All required inspections of the installation must be performed by the State Fire Marshal or by an authorized local fire official. Final approval will be granted only when the system has been installed in accordance with Chapter 69A-46, F.A.C.

(8) The installing contractor shall coordinate all required operational testing with the State Fire Marshal.

(9) The State Fire Marshal shall witness a final operational test of the complete fire sprinkler system prior to issuing final approval. Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

69A-53.0054 State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program: Eligibility and Coordination of Construction with Loan Requirements.

(1) Upon receipt of a conditionally approved application from the State Fire Marshal, if the nursing home seeks to participate in the State Fire Marshal Nursing Home Fire Protection Loan Guarantee Program, it shall present the loan application to a lender which is a participating qualified public depository. Approval of an individual loan with an individual nursing home owner is at the discretion of the participating qualified public depository.

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(2) Upon final approval of the loan by the participating qualified public depository and of the fire protection system by the State Fire Marshal, a limited loan guarantee document will be presented to the participating qualified public depository. The State’s limited loan guarantee will provide for a guarantee of no more than 50 percent of the principal sum loaned by the participating qualified public depository. The guarantee will not cover late fees, accelerated interest, or other charges assessed as a result of the default of the nursing home owner.

(3) As certain installations may be complex and lengthy, a draw program may be required. In these instances, a draw schedule and retainage requirement will be established by the participating qualified public depository.

Specific Authority 633.01(1), 633.022(1), 633.0245(11) FS. Law Implemented 633.022(4), 633.024, 633.0245 FS. History–New 2-18-07.

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69A-54

UNIFORM FIRE SAFETY STANDARDS FOR CORRECTIONAL FACILITIES

69A-54.001 Title.

These rules comprising Rule Chapter 69A-54, F.A.C., shall be known as the “Uniform Fire Safety Standards for Correctional Facilities.”

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-54.001.

69A-54.002 Purpose. (1) The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree

of safety from fire in buildings, structures or premises used as correctional facilities. (2) These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary

inconvenience or interference with the normal use and occupancy of correctional facilities, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-54.002.

69A-54.003 Scope. (1) These rules are concerned with life safety during fires and similar emergencies. They address

particular matters such as devices, systems installations, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes or panic before buildings, structures or premises are vacated.

(2) These rules apply to both new and existing correctional facilities.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 6-6-90, Amended 11-21-01, Formerly 4A-54.003.

69A-54.004 Definitions. (1) “Approved” shall mean accepted by the authority having jurisdiction upon evaluation of

compliance with appropriate standards for the product or procedures in question, or by reason of testing and listing or approval by a recognized testing laboratory.

(2) “Authority having jurisdiction” shall refer to a duly authorized representative of an agency or agencies having statutory code enforcement responsibilities.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 6-6-90, Amended 11-21-01, Formerly 4A-54.004.

69A-54.005 Standards of the National Fire Protection Association Adopted. (1) The Standards of the National Fire Protection Association for life safety from fire, as provided in

NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C., and incorporated herein by reference shall be the Uniform Fire Safety Standards for Correctional Facilities.

(2) Buildings or structures which are constructed to compliment other operations associated with correctional facilities shall comply with the applicable requirements of NFPA 101, Life Safety Code,

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referenced in subsection (1) above.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-54.005.

69A-54.006 Mattresses. (1) Polyurethane mattresses are prohibited in correctional facilities. (2) Existing cotton core mattresses, with fire retardant treated cotton, may be used in areas of high risk

of intentional ignition or where rescue or evacuation will be impeded. Wherever possible, cover existing cotton mattresses with a fire retardant outer cover.

(3) New purchases of mattresses for new or existing correctional facilities shall be for fire retardant cotton core with durable fire retardant outer coverage, or fiber-filled material conforming to the flammability requirements set forth in the following standards:

(a) 16 Code of Federal Regulations, Part 1632, revised as of January 1, 2001, which is incorporated herein by reference; or

(b) U.L. Standard 1895, Standard for Fire Test of Mattresses, Third Edition, Dated February 11, 2000, which is incorporated herein by reference, or

(c) ASTM E 906-99, which is incorporated herein by reference. (4) General Services Standard, 850-500-170 may be obtained by writing to the State Fire Marshal at

200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the office of the State Fire Marshal at the Atrium, Third Floor, 325 John Knox Road, Tallahassee, Florida 32303.

(5) ASTM E 906 may be obtained by contacting the American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, New York 10036 or by visiting the office of the State Fire Marshal at the Atrium, Third Floor, 325 John Knox Road, Tallahassee, Florida 32303.

Specific Authority 633.01(1) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 6-6-90, Amended 4-4-95, 11-21-01, Formerly 4A-54.006.

69A-54.007 Stair Treads.

Stair treads in correctional facilities shall be in compliance with Chapter 22 or 23 of NFPA 101, as applicable, the edition as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 633.01 FS. Law Implemented 633.01(1), 633.022(2) FS. History–New 4-4-95, Amended 11-21-01, Formerly 4A-54.007.

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69A-55

UNIFORM FIRE SAFETY STANDARDS FOR PUBLIC FOOD SERVICE

ESTABLISHMENTS

69A-55.001 Title. These rules comprising Rule Chapter 69A-55, F.A.C., shall be known as the “Uniform Fire Safety Standards for Public Food Service Establishments.”

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 9-3-90, Formerly 4A-55.001.

69A-55.002 Purpose. (1) The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree

of safety from fire in buildings, structures or premises used as correctional facilities. (2) These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary

inconveniences or interference with the normal use and occupancy of a public food service establishment, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interest, even though a financial hardship may result in some individual cases.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 9-3-90, Amended 7-11-01, Formerly 4A-55.002.

69A-55.003 Scope. (1) These rules are concerned with life safety during fires and similar emergencies. They address

particular matters such as devices, systems installations, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes or panic before buildings, structures or premises are vacated.

(2) These rules apply to both new and existing public food service establishments.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 9-3-90, Amended 7-11-01, Formerly 4A-55.003.

69A-55.005 Standards of the National Fire Protection Association Adopted. (1) The standards of the National Fire Protection Association for life safety from fire, as provided in

NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C., and incorporated herein by reference shall be the Uniform Fire Safety Standards for Public Food Service Establishments.

(2) Buildings or structures which are constructed to compliment other operations associated with public food service establishments shall comply with the applicable requirements of NFPA 101, Life Safety Code, referenced in subsection (1) above.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 9-3-90, Formerly 4A-55.005.

69A-56

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UNIFORM FIRE SAFETY STANDARDS FOR MIGRANT LABOR CAMPS

69A-56.001 Title.

These rules comprising Chapter 69A-56, F.A.C., shall be known as the “Uniform Fire Safety Standards for Migrant Labor Camps.”

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-56.001.

69A-56.002 Purpose. (1) The purpose of this rule chapter is to establish uniform requirements to provide a reasonable degree

of safety from fire in buildings, structures or premises used as migrant labor camps. (2) These rules try to avoid requirements which might result in unreasonable hardships, or unnecessary

inconveniences or interference with the normal use and occupancy of migrant labor camps, but at the same time insist upon compliance with uniform standards for fire safety consistent with the public interests, even though a financial hardship may result in some individual cases.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-56.002.

69A-56.003 Scope.

These rules are concerned with life safety during fires and similar emergencies. They address particular matters such as devices, systems installations, protection, and occupancy of buildings to try to minimize danger to life from fire, smoke, fumes or panic before buildings, structures or premises are vacated.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-56.003.

69A-56.004 Definitions. (1) “Approved” shall mean accepted by the authority having jurisdiction upon evaluation of

compliance with appropriate standards for the product or procedures in question, or by reason of testing and listing or approval by a recognized testing laboratory.

(2) “Authority having jurisdiction” means a duly authorized representative of an agency or agencies having statutory code enforcement responsibilities, as described in Section 633.121, F.S.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 6-6-90, Amended 8-16-01, Formerly 4A-56.004.

69A-56.005 Standards of the National Fire Protection Association Adopted. (1) The standards of the National Fire Protection Association for life safety from fire, as provided in

NFPA 101, Life Safety Code, as adopted in Rule 69A-3.012, F.A.C., and incorporated herein by reference shall be the Uniform Fire Safety Standards for Migrant Labor Camps.

(2) Buildings or structures which are constructed to compliment other operations associated with migrant labor camps shall comply with the applicable requirements of NFPA 101, Life Safety Code, referenced in subsection (1) above.

Specific Authority 633.01 FS. Law Implemented 633.01, 633.022 FS. History–New 6-6-90, Formerly 4A-56.005.

69A-56.006 Manufactured Homes in Migrant Labor Camps.

Migrant Labor Camps using manufactured homes shall comply with NFPA 501A, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities, the edition as adopted in Rule 69A-

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3.012, F.A.C.

Specific Authority 633.01, 633.022(1)(b) FS. Law Implemented 633.01(1), 633.022(1)(b) FS. History–New 6-30-91, Amended 8-16-01, Formerly 4A-56.006.

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69A-57

UNIFORM FIRE SAFETY STANDARDS FOR ADULT FAMILY CARE HOMES

69A-57.001 Scope.

Pursuant to Section 633.022(1)(b), F.S., these rules apply to all new, existing, and proposed Adult Family Care Homes licensed in accordance with Part VII, Chapter 400, F.S.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(1)(b) FS. History–New 2-7-01, Formerly 4A-57.001.

69A-57.002 Definitions.

As used in these rules: (1) “AFCH” means adult family care home. (2) “Agency” means the Agency for Health Care Administration. (3) “AHJ” means the local authority having firesafety and fire prevention jurisdiction which employs

or contracts with at least one firesafety inspector certified under Chapter 633, F.S. (4) “Department” means the Department of Elder Affairs. (5) “Division” means the Division of State Fire Marshal of the Department of Financial Services. (6) “NFPA” means the National Fire Protection Association. (7) “Occupant” means a resident of the adult family care home other than the provider or the

provider’s family. (8) “Prompt” means not more than three minutes for an adult family care home and refers to the ability

of a group to move reliably to a point of safety in a timely manner that is equivalent to the capacity of a household in a general population.

(9) “Provider” means the owner of the adult family care home. (10) “Provider’s Family” means a person who is the father, mother, son, daughter, brother, sister,

grandfather, grandmother, great-grandfather, great-grandmother, granddaughter, grandson, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister of a provider as long as that person maintains his or her residence at the adult family care home.

(11) “Slow” means more than three minutes but not more than 13 minutes for an adult family care home and refers to the ability of a group to move reliably to a point of safety in a timely manner that is equivalent to the capacity of a household in a general population.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022 FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.002.

69A-57.003 Standards of the National Fire Protection Association Adopted. (1) The following portions of NFPA 101, the Code for Safety to Life from Fire in Buildings and

Structures, known as the Life Safety Code, 2000 edition, are hereby adopted and incorporated herein by reference:

(a) All of Chapter 24, “One and Two Family Dwellings,” except Section 24-3.4, “Detection, Alarm and Communication Systems.”

(b) Sections 32-3.3.4.7, 32-3.3.4.8, and 32-3.3.5.5 only, of Chapter 32. (c) Each AFCH which does not meet the evacuation capability of prompt but which does meet an

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evacuation capability of slow shall also comply with the requirements of Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, National Fire Protection Association (NFPA) 101, 2000 edition, to be considered to have met the firesafety requirements under Rule 69A-57.005, F.A.C. Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, 2000 edition, are hereby adopted and incorporated by reference.

(d) During each fire exit drill, all occupants should evacuate the building on their own or with staff assistance or any other available assistance, as needed.

(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(10)(b) FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.003.

69A-57.004 Occupancy Capacity of Each AFCH.

Pursuant to subsection 58A-14.004(4), F.A.C., there shall be no more than 5 occupants in any AFCH. The maximum number of occupants in any particular AFCH shall be determined by the agency in consultation with the AHJ. If the agency has been notified in writing that there is no AHJ, the agency shall consult with an authorized representative of the division concerning occupancy capacity.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(10)(b) FS. History–New 2-7-01, Formerly 4A-57.004.

69A-57.005 Evacuation Capability. (1) The evacuation capability for each AFCH shall be determined by a series of fire exit drills as

“prompt” or “slow”. (a) An evacuation capability of “prompt” shall measure the ability of a group to move to a point of

safety outside the AFCH within a drill time of three minutes or less. (b) An evacuation capability of “slow” shall measure the ability of a group to move to a point of safety

outside the AFCH within a drill time of more than three minutes but less than 13 minutes. (2) Subject to subsection (4), if the AFCH does not achieve an evacuation capability of “prompt”

during the fire exit drill, a second fire exit drill must be performed within 30 days of the fire exit drill in which the AFCH did not achieve an evacuation capability of “prompt.”

(3) Subject to subsection (4), if the AFCH does not achieve an evacuation capability of “prompt” during the second fire exit drill, the inspector shall notify the agency that the AFCH can no longer meet the required safety requirements.

(4) If the AFCH does not achieve an evacuation capability of “prompt” during the first fire drill, but the AFCH does receive an evacuation capability of “slow,” and the AFCH is in compliance with Subdivisions 32.2.3.5.1, 32.2.3.5.2, and 32.2.3.5.3, Chapter 32, NFPA 101, 2000 edition, the AFCH shall be deemed to have met the required firesafety requirements and no notification under subsection (3) shall be provided to the agency.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(1)(b) FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.005.

69A-57.006 Fire Exit Drills. (1) A fire exit drill shall be conducted by each provider at each AFCH at least three (3) times per year

to assure that the evacuation capability of the facility is “prompt.” Subject to subsection 69A-57.005(2), F.A.C., each fire exit drill shall be conducted at least 30 days after the previous fire exit drill. The AHJ is permitted to require an additional fire exit drill in conjunction with an annual firesafety inspection.

(2) The purpose of each fire exit drill is to familiarize each occupant with the procedures required for

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the safe, orderly, and expeditious exiting of the building or structure. All occupants shall exit the building or structure to a predetermined area of safety. The climate and weather conditions shall be taken into consideration when scheduling any fire exit drill.

(3) Each fire exit drill shall be conducted at an unexpected time and under varying conditions that may occur in the case of fires.

(4) Each fire exit drill shall be applicable to all occupants of the AFCH with emphasis on the safe, orderly, and expeditious exiting under proper discipline.

(5) Any occupant subject to a fire exit drill shall proceed to a predetermined location outside the building and remain there until all occupants are accounted for. Occupants shall be allowed to return to the building only when permitted by the person conducting the fire exit drill.

(6) The provider shall keep a record of each fire exit drill on Form DI4-1437, (rev. 1/2001), Fire Exit Drill Records for Adult Family Care Homes, which is hereby adopted and incorporated into these rules by reference, and shall take effect on the effective date of these rules. Copies of the form may be obtained by writing to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342. The record shall list as a minimum:

(a) The date the drill was conducted. (b) The time of day the drill was conducted. (c) The amount of time, in minutes and seconds, that were required for all occupants to safely exit the

building. (d) Any unusual circumstance affecting the safe, orderly and expeditious exit from the building, which

shall be in narrative or outline form. (7) If the provider does not keep the record required by subsection (6), or keeps it in a manner that is

incomplete, incorrect, or otherwise does not contain the required information, the fire exit drill will be presumed to have achieved an evacuation capability that does not meet the requirement of “prompt.” Another fire exit drill must be performed as soon as possible and the results correctly recorded. In addition, the firesafety inspector shall advise the agency that the AFCH is not maintaining compliance with the firesafety requirements for an AFCH.

(8) Any firesafety inspector or special firesafety inspector completing the required annual inspection is permitted to:

(a) Use the record for a determination of the evacuation capability of the facility, or (b) Conduct his or her own fire exit drill.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(1)(b) FS. History–New 2-7-01, Formerly 4A-57.006.

69A-57.007 Inspections. (1) The firesafety inspector shall conduct a firesafety inspection for each AFCH prior to occupancy as

an AFCH. (2) The provider shall request from the AHJ a firesafety inspection within 30 days following receipt of

notification of license renewal. (3) The AHJ or the Division is permitted to require additional firesafety inspections. (4) The provider shall be responsible for requesting all required firesafety inspections. (5) Each required firesafety inspection shall be completed by the AHJ, where available. (6) Any time there is no AHJ to perform a firesafety inspection, the provider shall notify the Division

in writing. The Division shall inspect or cause the facility to be inspected in accordance with Section 633.022, F.S.

(7) A firesafety inspector, or special state firesafety inspector, certified in accordance with Chapter 633, F.S., shall complete each firesafety inspection.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(1)(b) FS. History–New 2-7-01, Amended 11-29-01, Formerly 4A-57.007.

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69A-57.008 Cooking Equipment; Exception. Notwithstanding any previous construction or interpretation of any law, rule, or code provision, any time a single range or stove is used in an arrangement similar to that of a single family residence, the AFCH shall not be required to comply with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations, as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 400.621(2), 633.01(1) FS. Law Implemented 400.621(2), 633.022(1)(b) FS. History–New 2-7-01, Formerly 4A-57.008.

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69A-58

FIRESAFETY IN EDUCATIONAL FACILITIES

69A-58.001 Administration and General Requirements.

The Division of State Fire Marshal in consultation with the Department of Education hereby adopts firesafety rules for the use by boards and local fire officials when conducting plans reviews for new construction and firesafety inspections of new construction and existing buildings located in educational facilities, educational plants, ancillary plants, and auxiliary facilities to ensure the safety of occupants.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.001, Amended 11-26-06.

69A-58.002 Scope: New Construction and Existing Facilities. (1) This rule chapter establishes uniform requirements to provide a reasonable degree of safety from

fire in new construction and existing buildings located in educational facilities, educational plants, ancillary plants, and auxiliary facilities under the jurisdiction of a school board or a community college board of trustees.

(2) This rule chapter includes procedures for withdrawal of sites and facilities from use until unsafe conditions are corrected.

(3) Section 1002.33(1), F.S., states, “All charter schools in Florida are public schools.” Charter schools shall utilize facilities that comply with the firesafety provisions specified within its charter, or if the charter does not address specific firesafety provisions, the charter school shall utilize facilities that comply with the Florida Fire Prevention Code, the edition as adopted in Rule Chapter 69A-60, F.A.C., pursuant to Section 1002.33(18), F.S.

(a) All charter schools are subject to the inspection requirements of Rule 69A-58.004, F.A.C. (b) Each board shall conduct or cause to be conducted each inspection required by paragraph 69A-

58.004(1)(a), F.A.C., and the reporting requirements of paragraph 69A-58.004(6)(a), F.A.C. (4) Existing educational and ancillary facilities shall comply with the applicable provisions of NFPA 1

and NFPA 101, the Florida editions adopted in Rule 69A-3.012, F.A.C., except as modified by Chapter 1013, F.S., and this rule chapter.

(5) Any time NFPA 1 or NFPA 101 refers to any other NFPA standard that has not been adopted by the Division of State Fire Marshal in this rule chapter, the referenced standard shall be the Florida edition adopted in Rule 69A-3.012, F.A.C.

(6) Community colleges shall comply with the applicable chapters of NFPA 1 and NFPA 101, the Florida editions adopted in Rule 69A-3.012, F.A.C., in accordance with the following:

(a) Instructional buildings, classrooms with a capacity of fewer than 50 persons, and instructional laboratories are classified as a business occupancy.

(b) Classrooms with a capacity of 50 persons or more are classified as an assembly occupancy. (c) Non-instructional laboratories are classified as an industrial occupancy. (7) Nothing contained in these rules prohibits a county, municipality, or special district having

firesafety responsibility and a school board or community college from entering into an agreement or an understanding which governs inspections, reviews, and approvals of new construction in the subject jurisdiction.

(8) In the event of a conflict between the local fire official and the board on the requirement or interpretation of any provision of this rule chapter or Rule Chapter 69A-60, F.A.C., the Florida Fire Prevention Code, the conflict shall be resolved by agreement between the local fire official and the board in

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favor of the requirement or interpretation of the code which offers the greatest degree of life safety or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction.

(9) If the local fire official and the board are unable to agree on which requirement, interpretation, or system provides the highest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction, either official may petition the division for a declaratory statement in accordance with Section 120.565, F.S., and any rules applicable thereto, setting forth each one’s positions and reasons therefor. If both the board and the local fire official choose to file a petition, a joint petition should be filed. The division will make every effort to expedite the process of issuing a declaratory statement commensurate, however, with the time and publication requirements of Chapter 120, F.S.

(10) The local fire official and the board are permitted to seek an informal nonbinding interpretation pursuant to Rule 69A-60.011, F.A.C. If such an informal opinion is requested, the request shall be given the highest priority by the Florida Fire Prevention Code Interpretations Committee and every effort shall be made to expedite a response. Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.002, Amended 11-26-06.

69A-58.003 Definitions. As used in this rule chapter, the following definitions apply:

(1) “Ancillary plant” is comprised of the building, site, and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program.

(2) “Auxiliary facility” means the spaces located at educational plants which are not designed for student occupant stations.

(3) “Board” means the school district or community college employing or contracting with a firesafety inspector certified pursuant to Section 633.081(2), F.S., with jurisdiction to make inspections of buildings and to enforce the firesafety codes, as required by these rules, which establish standards for design, construction, erection, alteration, repair, modification, or demolition of school district buildings, structures, or facilities.

(4) “Building” or “board building” means any building or structure located on, upon, or in any educational facility, educational plant, ancillary plant, or auxiliary facility owned, rented, leased, or under lease-purchase agreement or lease-purchase option with a board. “Building” includes any permanent, fixed, relocatable, and manufactured building or structure.

(5) “Division,” including the lower case “division,” means the Division of State Fire Marshal of the Department of Financial Services.

(6) “Educational facilities” means the buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community and which may lawfully be used as authorized by the Florida Statutes and approved by the boards. As used in these rules and unless otherwise clearly indicated by the context, “educational facilities” includes each educational facility, educational plant, ancillary plant, and auxiliary facility and all buildings and structures contained therein and thereon.

(7) “Educational plant” comprises the educational facilities, site and site improvements necessary to accommodate students, faculty, administrators, staff, and the activities of the education program of each plant.

(8) “Existing facility” means a facility or building that has been issued a certificate of occupancy prior to the effective date of this edition of this rule chapter.

(9) “Florida Building Code” means the Florida Building Code as adopted in Rule 9B-3.047, F.A.C., adopted pursuant to Section 552.73, F.S.

(10) “FISH” means Florida Inventory of School Houses. (11) “Florida Fire Prevention Code” means the Florida Fire Prevention Code as adopted in Rule 69A-

3.012, F.A.C. (12) “Local fire official” or “fire official” means the county, municipality or special district having

firesafety responsibility employing or contracting with a firesafety inspector certified pursuant to Section 633.081(2), F.S., with jurisdiction to make inspections of buildings and to enforce the firesafety codes

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which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities or, where the context requires, the State Fire Marshal, as referred to in Section 1013.12(2)(b), F.S.

(13) “New facility’ means a facility that has not been occupied nor issued a building permit prior to the effective date of this edition of this rule chapter.

(14) ”NFPA 1” means the National Fire Protection Code 1, entitled the “Uniform Fire Code,” the Florida edition as adopted in Rule 69A-3.012, F.A.C.

(15) “NFPA 101” means the National Fire Protection Association Code 101, entitled the “Life Safety Code,” the Florida edition as adopted in Rule 69A-3.012, F.A.C.

(16) “Special district that has firesafety enforcement responsibilities” means a special fire control district or a special district which was created for the purposes of fire prevention, fire suppression, or fire protection.

(17) “Student-occupied space” means any area planned primarily for use by six or more students. (18) The definitions in Section 1013.01, F.S., of words and terms found in Section 1013.12, F.S., or of

words or terms found in this rule chapter apply to this rule chapter; however, in the event of a conflict between the definitions in Section 1013.01 or 1013.12, F.S., and these rules, the definitions in Sections 1013.01 and 1013.12, F.S., shall control.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.003, Amended 11-26-06.

69A-58.0031 New Construction. (1) New construction and new buildings are subject to and controlled by NFPA 1, the edition as

adopted in Rule 69A-3.012, F.A.C., in Chapter 20, relating to “Educational occupancies” and NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C., Chapter 14, “New educational occupancies,” except where specifically otherwise provided in this rule chapter.

(2) Notwithstanding any rule or adopted code or standard in conflict herewith, the following procedures apply with respect to new construction and new buildings.

(a) Prior to commencement of any new construction or remodeling:

1. The board shall approve or cause to be approved the plans, drawings, designs, proposals, blueprints, and other construction or remodeling documents and evaluate the same for complete compliance with the Florida Fire Prevention Code in accordance with Section 1013.38(1), F.S., or

2. The board must show compliance with all applicable firesafety codes and standards by at least one of the other means provided in Section 1013.38(2)(a) through (d), F.S.

(b) The method of compliance must be documented and maintained as part of the construction records file.

(c) Upon request by the local fire official, the board shall provide reasonable access to all construction documents and provide in writing to the local fire official the method(s) employed to achieve compliance with the Florida Fire Prevention Code.

(3) A certificate of occupancy shall not be issued until the board has determined that the building or structure and its site conditions comply with all applicable statutes, these rules, and all applicable firesafety codes and standards.

(4) Horizontal exits referenced in NFPA 101, subdivision 14.2.2.5 and exit passageways referenced in NFPA 101, subdivision 14.2.2.7 are prohibited. Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 11-26-06.

69A-58.004 Firesafety Inspections. (1) There shall be two annual inspections of existing educational facilities, ancillary plants, and

auxiliary facilities, as follows: (a) Pursuant to Section 1013.12(1)(b), F.S., a firesafety inspection of each building of each educational

plant and each ancillary plant shall be made annually by the board.

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(b) Pursuant to Section 1013.12(2)(b), F.S., a firesafety inspection of each building of each educational plant and each ancillary plant shall be made annually by the local fire official.

(2) The inspections in subsection (1), paragraphs (a) and (b): (a) Are applicable to all buildings owned, leased, or being lease-purchased by the board, including all

permanent and relocatable buildings; (b) Shall begin not sooner than one year after a new building has been occupied; (c) Shall be performed in accordance with any applicable firesafety code or standard, such as NFPA

101, the edition as adopted in Rule 69A-3.012, F.A.C., or any other applicable code or standard which has been adopted in this rule chapter; and

(d) Are permitted and encouraged to be conducted jointly by the board and the local fire official and documented on one inspection form. If the inspection is performed jointly, the inspection form shall clearly identify the name and certification number of each inspector and his or her employer. Each inspector must sign the inspection report.

(3) Reports of the inspections in subsection (1) shall be filed with the local school board and the local site administrator.

(4) A plan and schedule for correction of any deficiency in the inspection report shall be developed by any firesafety inspector finding a deficiency in conjunction with the board and shall be adopted and complied with by the board.

(5) Each inspection report and plan of correction shall contain, at a minimum, the following information:

(a) The name of the school district or community college; (b) The name of the board and the local fire official (i.e., municipality, county, or special district); (c) The name of the facility inspected; (d) The type of facility inspected (i.e., K-5, 6-9, 10-12, CC, other); (e) The facility address; (f) The number of the facility as listed in the Florida Inventory of School Houses (FISH #); (g) The name, address, and phone number of each inspector, and the designation of whether such

inspector is employed by or under contract with a board or is a local fire official; (h) The date of the inspection; (i) A report of each deficiency noted during the inspection. Each deficiency report shall contain: 1. The building name or number and, if applicable, the FISH number of the building and room in

which the violation was noted; 2. A description of the violation or deficiency and the specific code citation for the violation or

deficiency; 3. The number of times this violation or deficiency has been cited, if applicable; 4. The estimated correction date; 5. The total number of violations or deficiencies cited not involving serious life safety hazards; 6. The total number of violations or deficiencies cited involving serious life safety hazards; 7. The date of the scheduled reinspection; 8. A statement that the district or board has or has not complied with Section 1013.12(1)(c), F.S., as

applicable; 9. A statement that the county, municipality, or special district having firesafety responsibilities has or

has not complied with Section 1013.12(2)(c), F.S., as applicable; 10. Verification that the required fire drills have been completed; and 11. The signature of the firesafety inspector or inspectors conducting the inspection. (6) The inspection reports required by subsection (1) shall be submitted to the division by June 30 of

each year. (a) The board shall either: 1. Forward one copy of the completed inspection report for each inspection conducted by the board to

the division electronically by entering it into the “School Inspection Reporting System” database, or 2. Submit the report in any legible format with each violation coded in accordance with Form DFS-

KL3-1674 (Rev. 02-06) the “School Inspection Reporting System” adopted herein by reference, and retain the original. A copy of the form can be obtained at the Department’s website located at

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www.fldfs.com/SFM/, or by mailing a request to The Florida State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(b) The local fire official shall either: 1. Forward one copy of the completed inspection report for each inspection conducted by the local fire

official to the division electronically by entering it into the “School Inspection Reporting System” database, or

2. Submit the report in any legible format with each violation coded in accordance with Form DFS-KL3-1674 (Rev. 02-06) adopted herein by reference, and retain the original.

(c) The inspection report resulting from a joint inspection shall be submitted by the board.

(d) The board shall maintain with each yearly inspection report a list of corrected deficiencies from the prior fiscal year report.

(7) Any firesafety inspector authorized by a unit of government who is certified in accordance with Section 633.081(2) or Section 633.081(3), F.S., may enter the “School Inspection Reporting System” via the internet at http://app.bebr.ufl.edu/egroupware /login.php?cd=1. You may also access the “School Inspection Reporting System” through the Division’s website located at www.fldfs.com/SFM/. Specific Authority 633.022, 1013.12 FS. Law Implemented 633.022, 1013.12 FS. History–New 2-18-03, Formerly 4A-58.004, Amended 11-26-06, 5-18-08.

69A-58.005 Serious Life Safety Hazards. (1) Serious life safety hazards as set forth in Section 1013.12, F.S., and in paragraph (b), below, require

prompt corrective action by the board or withdrawal of the educational or ancillary plants or affected portions thereof from use until corrected.

(2)(a) Serious life safety hazards include: 1. A non-functional fire alarm system. A non-functional fire alarm system is one impaired to the extent

that a significant portion is not in operation and the system is incapable of functioning as it was designed. 2. A non-functional fire sprinkler system. A non-functional fire sprinkler system occurs any time a

significant portion of any one zone is impaired to the extent that the sprinkler system is incapable of automatic activation within the protected space or when any system component lacks an adequate water supply.

3. A door with a padlock or other lock or device which precludes egress at any time; 4. An inadequate exit; 5. A hazardous electrical system condition; 6. Potential structural failure; 7. Storage conditions that create a fire hazard. (b) Other conditions may be identified to the division by the board or local fire official for designation

as a serious life safety hazard, including but not limited to: 1. The placement of a functional smoke and heat detector in a manner not consistent with NFPA 72,

the edition as adopted in Rule 69A-3.012, F.A.C.; 2. An inaccessible or expired fire extinguisher; and 3. A door required to be self-closing with a doorstop, wedge, or other device or object holding it open. (c) The criteria to be used by the division to determine whether such other condition shall be

designated as a serious life safety hazard shall be either: 1. Those conditions located in subdivision 6.2, NFPA 101, the edition as adopted in Rule 69A-3.012,

F.A.C., to wit: a. The relative danger of the start and spread of fire, b. The danger of smoke or gases generated, and c. The danger of explosion or other occurrence potentially endangering the life and safety of any

occupant of the building or structure. 2. Hazard of contents shall be determined by the board or local fire official on the basis of the character

of the contents and the processes or operations conducted in the building or structure. For the purposes of these rules, where different degrees or hazard of contents exists in different parts of a building or structure, the most hazardous shall govern the classification unless hazardous areas are separated or protected as specified in subdivision 8.4 and the applicable subdivisions of Chapters 11 through 42 of NFPA 101, the

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edition as adopted in Rule 69A-3.012, F.A.C.; or 3. Upon a finding of a dangerous condition consistent with the criteria located in NFPA 1, subdivision

3.3.32.1, the edition as adopted in Rule 69A-3.012, F.A.C., for extra high hazard occupancies, based on the total amount of Class A combustibles and Class B flammables present, in storage, production, use, finished product, or combination thereof, and when such material is over and above those expected in occupancies classed as ordinary (moderate) hazard. Those areas or occupancies could consist of woodworking, vehicle repair, cooking areas, product displays, and storage and manufacturing processes such as painting and coating, including flammable liquid handling. Also included is warehousing of or in-process storage of other than Class I and Class II commodities as defined by NFPA 13, Standard for the Installation of Sprinkler Systems, subdivision 10:1-5.3, the edition as adopted in Rule 69A-3.012, F.A.C. Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.005, Amended 11-26-06.

69A-58.006 Vacant and Abandoned Buildings. Board buildings no longer in use and abandoned shall be free of combustible waste and secured in such a manner as to prevent firesafety hazards and unauthorized or unlawful entry. Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.006, Amended 11-26-06.

69A-58.007 Counties, Municipalities, and Special Districts Having Firesafety Responsibilities, Without Firesafety Inspectors.

(1) Any county, municipality, or special district having firesafety responsibilities which does not employ or has not contracted with a firesafety inspector certified under Section 633.081(1), F.S., to enforce the Florida Fire Prevention Code as required by Section 633.025(2), F.S., at the time of the adoption of this rule chapter is permitted to contact the division and request that the division perform the inspections required by the local fire official pursuant to Section 1013.12(2), F.S., and this rule chapter and performed under Section 633.081(1), F.S.

(2) Upon receiving such request, the division shall perform the inspections required by this rule chapter during the period of time the county, municipality, or special district is not in compliance with Section 633.081(1), F.S., and does not employ or is not under contract with a firesafety inspector certified under Section 633.081(1), F.S., not, however, to exceed one annual inspection per facility.

(3) Each such county, municipality, or special district having firesafety enforcement responsibilities shall employ or contract with a firesafety inspector certified under Section 633.081(2), F.S., pursuant to the requirement of Section 633.081(1), F.S., to fulfill the obligation imposed by Section 633.025, F.S.

(4) No county, municipality, or special district having firesafety enforcement responsibilities which employs or contracts with a firesafety inspector as of the effective date of Section 1013.12, F.S., is authorized to request that the State Fire Marshal perform the inspections referred to in this section, and the State Fire Marshal shall not perform any inspection for such county, municipality, or special district having firesafety responsibilities.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.007, Amended 11-26-06.

69A-58.008 Standards and Requirements for Existing Buildings; Exceptions to Rule Chapter

69A-60, the Florida Fire Prevention Code. (1) General Safety Requirements for all Buildings in all Facilities or Plants.

(2) Except as set forth in Section 1013.12, F.S., and this rule chapter, educational facilities are subject to Rule Chapter 69A-60, F.A.C., the Florida Fire Prevention Code.

(3) The standards and requirements in this rule chapter pertain to educational facilities and are exceptions to Rule Chapter 69A-60, F.A.C. In the event of a conflict between this rule and Rule Chapter 69A-60, F.A.C., and notwithstanding paragraph 69A-60.002(3)(d), F.A.C., relating to this rule chapter, the provisions of this rule chapter control the standards and requirements for educational facilities.

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(4) Fire department access roads. Paved fire department access roads shall not completely encircle an educational plant or portions thereof.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.008, Amended 11-26-06.

69A-58.0081 Means of Egress. (1) Doors. (a) All doors in fire rated or smoke proof corridors shall be self-closing doors. (b) Opposite swinging smoke stop doors in smoke partitions within the corridor shall comply with the

requirements of section 8.4.3 of the edition of NFPA 101, as adopted in Rule 69A-3.012, F.A.C. (c) Darkroom doors. 1. In darkrooms with a capacity of 10 or more persons, a revolving darkroom door, if used, shall: a. Have a pop-out safety feature; and b. Be equipped with a remotely located side-hinged door for secondary egress. 2. In darkrooms with a capacity of fewer than 10 people, a revolving darkroom door with a pop-out

safety feature is permitted to be used as the primary means of egress. 3. Revolving darkroom doors with a pop-out safety feature shall be conspicuously labeled. 4. In buildings designed on or after October 18, 1994, the requirements of this section apply to

darkrooms with an occupancy of 6 or more. (d) Exit doors shall swing in the direction of exit travel. (e) All egress doors and gates, regardless of use or location serving spaces designed to be occupied by

6 or more students, shall swing in the direction of exit travel. (2) Existing smoke stop doors shall meet the requirements of subdivision 8.3.4 of NFPA 101, the

edition as adopted in Rule 69A-3.012, F.A.C. (a) Smoke stop doors may be used to create a secondary means of egress from interior instructional

spaces. (b) When a pair of smoke stop doors is located within a corridor, each leaf shall be designed to swing

in a direction opposite from the other and each leaf in the pair of doors shall swing in a right-hand direction.

(c) Door stops shall be provided at the head and sides of smoke stop door frames. (d) Smoke stop door frames shall be free of center mullions. (e) Smoke stop doors shall be free of locking devices and may be held in the open position only in

accordance with section 7.2.1.8 of NFPA 101. (3) Special Function Doors. (a) Special function doors such as revolving doors, power operated doors, or horizontal sliding doors

shall not be used as a means of egress. (b) Revolving doors shall have a side-hinged exit door within 10 feet and within the same wall. (c) Turnstiles shall comply with subdivision 7.2.1.11 of NFPA 101, the edition as adopted in Rule

69A-3.012, F.A.C. (4) Folding Doors and Folding Partitions. Where permanently mounted folding or movable partitions

are used to divide a room into smaller spaces capable of being occupied by 6 or more persons, a separate exit from each space or a permanent full height 5 foot wide opening between the spaces shall be provided. This requirement applies to spaces occupied by 10 or more persons in buildings occupied prior to October 18, 1994.

(5) Gates used to secure buildings or used for egress shall be side-hinged and shall allow egress at all times without assistance from the side from which egress is to be made.

(6) Screen and storm doors on exits shall be hinged on the same side as the exit door and swing in the direction of exit travel.

(7) Doors and gates shall be equipped with hardware which allows egress at all times. (8) All fire-rated doors and solid core doors in partitions rated at 1/2 hour or more, or installed in

smoketight partitions, shall be self-closing.

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(9) Emergency Rescue (Escape) Openings (Secondary Means of Egress). (a) In existing non-sprinklered buildings, every instructional space, and other spaces normally subject

to student occupancy of 10 or more, shall have at least one (1) window, panel, or door leading to the exterior or to a separate atmosphere.

(b) For buildings designed after October 18, 1994, the emergency rescue (escape) opening shall be provided in rooms over 250 square feet used for classroom or other educational purposes or normally subject to student occupancy of 6 or more.

(c) Windows and panels shall be operable from the inside by a single operation and without the use of tools.

(d) A security screen or grill installed on a window or panel shall be operable from the inside by the same single operation as the window or panel and without the use of tools. The release device shall be readily identifiable and accessible.

(10) Interior instructional spaces shall be provided with side-hinged or double acting communicating doors providing secondary means of egress and emergency rescue (escape). The door shall provide direct access to:

(a) A separated exit corridor; (b) A separate atmosphere; (c) At least one enclosed exit stair; or (d) Another classroom which has a minimum of two doors that open to separate atmospheres. (11) Specialties and Signage.

(a) Emergency rescue openings shall be marked with a sign that reads: “EMERGENCY RESCUE – KEEP AREA CLEAR”.

(b) Secondary means of egress and emergency escape openings shall be marked with a sign that reads: “EMERGENCY ESCAPE” or “EMERGENCY EGRESS – KEEP AREA CLEAR”.

(c) Where manual pull stations are located inside student-occupied spaces, a permanently affixed sign reading “FIRE ALARM PULL STATION INSIDE” shall be placed outside that space and adjacent to the door. The door to the occupied space shall be unlocked at all times the facility is occupied.

(d) A graphic diagram of primary and secondary evacuation routes shall be posted adjacent to the primary exit door from each student-occupied space. The diagram shall clearly indicate, by contrasting color and number, the primary and secondary route of evacuation. Exception: When an exit door from a self-contained classroom opens directly to the exterior.

(12) Open Plan Schools. (a) Each space designed to be occupied by 50 persons or more shall have 2 or more means of egress. (b) Open plan assembly areas shall have exits leading directly to the exterior and shall be separated

from other required exits of the open plan. (13) Maximum travel distances. (a) Exits shall be maintained so that the maximum length of travel from any point in the building or

space (including places of assembly) to an exit shall not exceed 150 feet. (b) In a building equipped with a fully automatic fire sprinkler system, the travel distance to an exit

may be increased to 200 feet. (c) Open mezzanines shall be permitted to exit to the exterior from within the space below. (14) Corridors and hallways. (a) Corridors shall be arranged so that each end leads to an exit and shall be without pockets or dead

ends more than 20 feet in length. (b) Hallway widths in office and service areas shall be a minimum of 44 inches in width. (c) Child Care. Areas designated for children’s sleeping mats, cots, or cribs shall include a clearly

marked exit passageway. (15) Interior Stairs, Exterior Stairs, and Smoke-Proof Towers. (a) The minimum clear width of stairways serving as a required means of egress for student occupied

areas shall be 44 inches. (b) All interior stairways shall open directly to the exterior, into a protected vestibule or into a

protected corridor that opens to the exterior.

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(c) The areas above or below exit stairs and ramps, whether interior or exterior, shall not be used as a closet for storage of any kind, or for any other purpose.

(d) Interior corridors or stairwells shall be free of piping systems designed for flammable liquids or gases.

(16) Kilns. (a) Kiln rooms and areas shall be provided with adequate exhaust to dispel emitted heat to the exterior. (b) Kilns shall be located away from paths of egress or exits. (c) Kilns shall be located in separate rooms when serving students through grade three.

(d) Kiln rooms shall be provided with automatic heat or smoke detection devices appropriate for the environment.

(17) Boiler Rooms. (a) Boilers shall comply with Chapter 554, F.S., and Rule Chapter 69A-51, F.A.C. A valid boiler

inspection certificate of compliance issued by the State Fire Marshal shall be displayed and clearly visible, when required.

(b) Each boiler room door shall: 1. Open directly to the outside and, if opening toward a building or path of egress, shall have opening

protection in accordance with section 8.3.4 of NFPA 101, or 2. When a door opens into the interior of the building, the door shall swing into the boiler room and

have opening protection in accordance with section 8.3.4 of NFPA 101. (c) All rooms housing a fuel-fired heat producing appliance that does not meet the minimum thresholds

of Chapter 69A-51, F.A.C., and with an input capacity of 60,000 BRUs per hour or more, and that is intended to supply hot water or steam, shall be equipped with heat detectors connected to any required fire alarm system. Access room doors shall have opening protection in accordance with section 8.3.4 of NFPA 101.

(18) Shade Houses or Green Houses. (a) A minimum of two remotely located side hinged doors that swing in the direction of egress shall be

provided from each shade or green house. (b) Fire alarm pull stations shall be located within 200 feet of any shade or green house. (c) Fire alarm horns shall be audible inside the shade or green house. (19) Stages and Platforms. Stages and platforms, including props and equipment, shall conform to the

specific requirements of Chapter 13 of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C. (20) Electrical. Emergency lighting shall be provided in all student-occupied areas and group toilets.

Specific Authority 633.022, 1013.12 FS. Law Implemented 633.022, 1013.12 FS. History–New 11-26-06, Amended 5-18-08.

69A-58.0082 Relocatable Buildings. (1) Relocatable buildings: Relocatable buildings sited after March 1, 2002, shall be separated as

required by the Florida Building Code. (a) Relocatable buildings shall be located to allow access by emergency vehicles to at least one

elevation of each building as approved by the local fire fighting authority that services the site in accordance with Chapter 18 of NFPA 1.

(b) Relocatable buildings sited within a cluster in accordance with this section are permitted to achieve emergency vehicle access by providing vehicular access to within 200 feet of the entrance of the most remote relocatable unit and shall be provided with an independent fire alarm system with a manual pull station within 100 feet of each egress door. Exception: When required by the board, a cluster shall be protected by a fire zone extended from the main educational facility’s fire alarm control panel. In addition, all of the following requirements shall be met:

1. The minimum overhead open space within the perimeter of the cluster shall be 50% of the maximum conditioned gross area of the relocatable units within the cluster.

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2. The minimum separation between individual units shall be as approved by the building official in accordance with Chapter 553, Part IV, F.S., the “Florida Building Code”.

3. The nearest permanent building or cluster shall be a minimum of 60 feet. 4. Any unprotected opening between adjacent wall spaces shall be as approved by the building official

in accordance with Chapter 533, Part IV, F.S., the “Florida Building Code”. (2) Each multi-classroom relocatable building of non-combustible construction shall have a primary

exit door opening directly to the exterior or, if served by interior corridors, shall have a primary exit door and an emergency rescue opening in each space designed to be occupied by 6 or more students.

(a) This requirement applies to spaces occupied by 10 or more persons for buildings designed prior to October 18, 1994.

(b) An emergency rescue opening is not required when a door opens directly to the outside. (3) Fire Alarm Systems. (a) In combustible construction, heat or smoke detectors connected to the building’s fire alarm system

shall be installed in every classroom, unsupervised space, storage space, and custodial closet. (b) In non-combustible construction, heat or smoke detectors connected to the building’s fire alarm

system shall be installed in each custodial closet. (c) Relocatable buildings sited a minimum of 60 feet from another relocatable building and a minimum

of 60 feet from any permanent building may be served by an independent fire alarm system.

(d) Drill switches shall not be permitted except where a computerized fire alarm system is specifically listed for this purpose.

Specific Authority 633.022, 1013.12 FS. Law Implemented 633.022, 1013.12 FS. History–New 11-26-06, Amended 5-18-08.

69A-58.0083 Protection from Hazards. (1) Interior vertical openings such as stairways, elevator shafts, light and ventilation shafts, and all

service chutes between floors shall be enclosed or protected to prevent the spread of fire and smoke, and shall be maintained in their original fire and smoke-tight condition.

(2) Draftstopping. Any concealed space, such as a utility chase, attic, crawl space, or other vertical or horizontal opening between floors in which combustible material is exposed shall either be:

(a) Provided with draftstopping and automatic heat detection, or (b) Provided with automatic fire sprinklers. (3) Fire extinguishers. Fire extinguishers may be located inside student-occupied spaces only when: (a) The fire extinguisher is located adjacent to the primary exit door; (b) The door remains unlocked when the facility is occupied; and (c) There is posted a permanently affixed sign reading “FIRE EXTINGUISHER INSIDE.”

Exception: Exterior signage is not required when a fire extinguisher is installed inside of every relocatable building on a school or ancillary site.

(4) Existing on-site incinerators and waste burners shall be equipped with a wire screen stack guard and shall be used for burning Class A materials only.

(5) All existing buildings more than 4 stories or 45 feet in height shall be equipped with automatic fire sprinkler systems.

(6) Home Economics Instructional Spaces. Residential style ranges installed in home economics instructional spaces, classrooms, faculty lounges, and similar areas shall not be required to comply with the provisions for commercial cooking appliances under NFPA 96, provided all of the following requirements are met:

(a) The space contains only residential-type ranges with hoods vented to the outside. (b) Fire extinguishers are installed in accordance with NFPA 10. (c) The space containing the residential style range is not classified as an assembly. (7) These requirements place no limitations on the use of other residential-type appliances within the

space.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 11-26-06.

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69A-58.0084 Seclusion Time-Out Rooms. (1) Egress. Secured seclusion time-out rooms, when provided, shall be equipped with doors which

allow egress at all times in the event of an emergency.

(2) Locking devices.

(a) Locking devices on secured seclusion time-out rooms are permitted only when such room is in full compliance with the criteria in this section.

(b) An electro-magnetic locking device is the only approved device to secure a secured seclusion time-out room. The lock shall remain engaged only when the human hand is in contact with it placing pressure on it.

1. Upon release of pressure, the door shall unlock. The locking device shall be designed, and shall be operated, so that it cannot be engaged by leverage of an inanimate object or in any manner except by constant human contact.

2. The push button shall be recessed from the face of the unit housing, or in some other way designed to prevent taping or wedging the button in the engaged mode.

3. The device shall have an interface with the fire alarm system and shall automatically release and disengage upon activation of the fire alarm. The locking device shall automatically release and disengage in the event of power failure.

4. A timer shall not be used on the locking device.

(3) Door Requirements. The door shall have only a push panel exposed on the interior of the room. A vision panel shall be provided in the door, and it shall be no larger than 12'' x 12'' (144 square inches). The view panel shall consist of clear one-quarter (1/4) inch thick unbreakable plastic panel, flush with the face of the door on the inside. The view panel shall be positioned in the door to allow a staff member to continuously keep the student under observation. The view panel shall not be covered with any material.

(4) Finishes and materials. The ceiling, floor, and walls must be free of any loose, torn or potentially hazardous materials. All surfaces must be kept smooth and free of any hooks, outlets, switches or similar items. Construction materials shall meet all applicable provisions of the Florida Fire Prevention Code and the Florida Building Code. Each secured seclusion time-out room must be identified with a permanently mounted room number.

(5) All secured seclusion time-out rooms must have natural or mechanical ventilation.

(6) The division and the local fire official are permitted to conduct unannounced inspections of all secured seclusion time-out rooms to ensure compliance with this rule chapter. A written record of each inspection must be made and a copy of same must be provided to the school administrator or designee.

(7) During each unannounced inspection, the division or the local fire official is permitted to inspect secured seclusion time-out rooms, interview staff, and review staff development activities to ensure compliance with this rule chapter.

(8) If during any firesafety inspection a secured seclusion time-out room is found in violation of this rule chapter, the board or the local fire official shall immediately report the deficiency to the division in accordance with Section 1013.12(1)(c) or 1013.12(5), F.S., and the secured seclusion time-out room shall be immediately withdrawn from use.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 11-26-06.

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69A-58.009 Florida Firesafety School Evaluation System. (1) Any Florida school building which was initially occupied prior to January 1, 1985, is permitted to

use the Florida Firesafety School Evaluation System originally dated September 19, 2000, and Amended June 28, 2001, which is located in Form DI4-1546, (Rev 10-02) and which is hereby adopted and incorporated by reference, in lieu of or as an alternative to the requirements of Rule 69A-58.008, F.A.C.

(2) The Florida Firesafety School Evaluation System, Form DI4-1546, may be obtained by writing to the Division of State Fire Marshal, Bureau of Fire Prevention, 200 East Gaines Street, Tallahassee, Florida 32399-0342.

(3) The Florida Firesafety School Evaluation System must be authorized by the local fire official prior to the implementation of any of its alternative code provisions; however, a local fire official is not permitted to prohibit the use of the Florida Firesafety School Evaluation System for any building which was initially occupied prior to January 1, 1985.

(4) For buildings occupied after January 1, 1985, boards and fire officials may use the equivalency provisions of Section 1.4 of NFPA 101, the edition as adopted in Rule 69A-3.012, F.A.C.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.009, Amended 11-26-06.

69A-58.010 Other Applicable Codes and Standards.

Except as otherwise provided in this rule chapter, the codes and standards adopted in Rules 69A-60.003, 69A-60.004 and 69A-60.005, F.A.C., which are not in conflict with any provision of this rule chapter are applicable to all buildings and structures to which this rule chapter is applicable.

Specific Authority 1013.12 FS. Law Implemented 1013.12 FS. History–New 2-18-03, Formerly 4A-58.010.

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69A-60

THE FLORIDA FIRE PREVENTION CODE

69A-60.001 Title.

This rule chapter shall be known, and may be cited, as the Florida Fire Prevention Code.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.001.

69A-60.002 Scope; Description of Florida Fire Prevention Code. (1) The Florida Fire Prevention Code is the minimum fire prevention code deemed adopted by each

municipality, county, and special district with firesafety responsibilities, and applies to every building and structure throughout the state, except:

(a) Buildings and structures subject to the uniform firesafety standards adopted under Section 633.022, F.S., and

(b) Buildings and structures subject to the minimum firesafety standards adopted pursuant to Section 394.879, F.S.

(2) Municipalities, counties, and special districts with firesafety responsibilities may supplement the Florida Fire Prevention Code adopted by this rule, with more stringent standards adopted in accordance with Section 633.025, F.S. Such standards shall be effective until repealed by the adopting municipality, county or special district if the requirements of Section 633.0215(10), F.S., were met; in all other cases, the standards shall expire following the adoption of the triennial amendment to this rule, unless adopted by the amendment into the Code.

(3)(a) The Florida Fire Prevention Code consists of: 1. National Fire Protection Association (NFPA) 1, the Uniform Fire Code, Florida 2006 edition, as

adopted in Rule 69A-60.003, F.A.C., 2. NFPA 101, the Life Safety Code, Florida 2006 edition, as adopted and incorporated in Rule 69A-

60.004, F.A.C., and their additions, deletions, and other modifications to NFPA 1 and NFPA 101, Florida 2006 editions, as provided therein, and

3. All codes, standards, publications, and authorities adopted in Rule 69A-60.005, F.A.C. (b) The Florida Fire Prevention Code also consists of all rule chapters adopted pursuant to the authority

of Section 633.022, F.S., and referred to as “uniform rules,” or “rules for uniform buildings or structures,” to-wit, rule chapters:

1. Chapter 69A-3, F.A.C., Fire Prevention, General Provisions; 2. Chapter 69A-36, F.A.C., Uniform Fire Safety Standards for Child Care Facilities; 3. Chapter 69A-38, F.A.C., Uniform Fire Safety Standards for Residential Facilities for Individuals

With Developmental Disabilities; 4. Chapter 69A-40, F.A.C., Uniform Fire Safety Standards for Assisted Living Facilities; 5. Chapter 69A-41, F.A.C., Uniform Fire Safety Standards for Residential Child Care Facilities; 6. Chapter 69A-42, F.A.C., Uniform Fire Safety Standards for Mobile Home Parks and Recreational

Vehicle Parks; 7. Chapter 69A-43, F.A.C., Uniform Fire Safety Standards for Transient Public Lodging

Establishments; 8. Chapter 69A-44, F.A.C., Minimum Fire Safety Standards for Residential Alcohol and Drug Abuse

Treatment and Prevention Programs, Mental Health Residential Treatment Facilities and Crisis Stabilization Units;

9. Chapter 69A-47, F.A.C., Uniform Fire Safety Standards for Elevators;

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10. Chapter 69A-49, F.A.C., Uniform Fire Safety Standards for Self-Service Gasoline Stations; 11. Chapter 69A-53, F.A.C., Uniform Fire Safety Standards for Hospitals and Nursing Homes; 12. Chapter 69A-54, F.A.C., Uniform Fire Safety Standards for Correctional Facilities; 13. Chapter 69A-55, F.A.C., Uniform Fire Safety Standards for Public Food Service Establishments; 14. Chapter 69A-56, F.A.C., Uniform Fire Safety Standards for Migrant Labor Camps; 15. Chapter 69A-57, F.A.C., Uniform Fire Safety Standards for Adult Family Care Homes; and 16. Chapter 69A-58, F.A.C., Uniform Fire Safety Standards for Educational Facilities. (c) In the event of a conflict between any provision of this rule chapter other than this rule section and

the rules cited in paragraph (b), subparagraphs 1. through 16., the rules cited in paragraph (b), subparagraphs 1. through 16. prevail; however, the rules in this rule chapter are not in addition to, nor are they supplemental to, the rule chapters cited in paragraph (b), subparagraphs 1. through 16. Each rule chapter cited in paragraph (b), subparagraphs 1. through 16. contain the complete rules for the subjects covered in those rule chapters.

(d) In the event of a conflict between any provision of this rule chapter and Rule Chapter 69A-58, F.A.C., this rule chapter prevails. The rules in this rule chapter are in addition to, and supplemental to, the rules in Rule Chapter 69A-58, F.A.C. Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.002, Amended 11-28-04, 5-18-08, 12-31-08.

69A-60.003 Standards of the National Fire Protection Association, NFPA 1, the Uniform Fire

Code, Florida 2006 Edition, Adopted. (1) NFPA 1, the Uniform Fire Code, Florida 2006 edition, is hereby adopted and incorporated herein

by reference and shall take effect on the effective date of this rule as a part of the Florida Fire Prevention Code.

(2)(a) NFPA 1, Florida 2006 edition may be purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(b) All codes, standards, publications, and authorities adopted and incorporated by reference in this rule chapter are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303 and may be accessed in a read-only, non-printable, non-downloadable format at the Division of State Fire Marshal website whose address is http://www.fldfs.com/SFM/.

(c) NFPA 1, Florida 2006 edition, may also be purchased at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 34482. Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.003, Amended 11-28-04, 5-18-08, 12-31-08.

69A-60.004 Standards of the National Fire Protection Association, NFPA 101, the Life Safety

Code, Florida 2006 Edition, Adopted. (1) NFPA 101, the Life Safety Code, Florida 2006 edition, is hereby adopted and incorporated herein

by reference and shall take effect on the effective date of this rule as a part of the Florida Fire Prevention Code.

(2)(a) NFPA 101, Florida 2006 edition may be purchased by writing to the NFPA at 1 Batterymarch Park, Quincy, Massachusetts 02269-9101.

(b) All codes, standards, publications, and authorities adopted and incorporated by reference in this rule chapter are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303 and may be accessed in a read-only, non-printable, non-downloadable format at the Division of State Fire Marshal website whose address is http://www.fldfs.com/SFM/.

(c) NFPA 101, Florida 2006 edition, may also be purchased at the Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 Northwest Gainesville Road, Ocala, Florida 34482.

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Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.004, Amended 11-28-04, 7-12-06, 5-18-08, 12-31-08.

69A-60.005 Publications Referenced in NFPA 1, the Florida 2006 Edition, and NFPA 101, the

Florida 2006 Edition, Added to the Florida Fire Prevention Code. (1) For purposes of this rule chapter, the following definitions apply: (a) ANSI means the American National Standards Institute. (b) ASME means the American Society of Mechanical Engineers. (c) ASTM means the American Society for Testing and Materials. (d) BHMA means the Builders Hardware Manufacturers Association. (e) ICC means the International Code Counsel, American National Standard Accessible and Usable

Buildings and Facilities. (f) UL means Underwriters Laboratories, Inc. (2) The following publications are hereby adopted and incorporated by reference herein and added to

the Florida Fire Prevention Code and shall take effect on the effective date of this rule: NFPA 10, 2002 edition, Standard for Portable Fire Extinguishers NFPA 11, 2005 edition, Standard for Low, Medium and High-Expansion Foam NFPA 11A, 1999 edition, Standard for Medium- and High-Expansion Foam Systems NFPA 12, 2005 edition, Standard on Carbon Dioxide Extinguishing Systems NFPA 12A, 2004 edition, Standard on Halon 1301 Fire Extinguishing Systems NFPA 13, 2002 edition, Standard for the Installation of Sprinkler Systems NFPA 13D, 2002 edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and

Manufactured Homes NFPA 13R, 2002 edition, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and

Including Four Stories in Height NFPA 14, 2003 edition, Standard for the Installation of Standpipe, Private Hydrants, and Hose Systems NFPA 15, 2001 edition, Standard for Water Spray Fixed Systems for Fire Protection NFPA 16, 2003 edition, Standard for the Installation of Foam-Water Sprinkler and Foam-Water Spray Systems NFPA 17, 2002 edition, Standard for Dry Chemical Extinguishing Systems NFPA 17A, 2002 edition, Standard for Wet Chemical Extinguishing Systems NFPA 20, 2003 edition, Standard for the Installation of Stationary Pumps for Fire Protection NFPA 22, 2003 edition, Standard for Water Tanks for Private Fire Protection NFPA 24, 2002 edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances NFPA 25, 2002 edition, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection

Systems NFPA 30, 2003 edition, Flammable and Combustible Liquids Code NFPA 30A, 2003 edition, Code for Motor Fuel Dispensing Facilities and Repair Charges NFPA 30B, 2002 edition, Code for the Manufacture and Storage of Aerosol Products NFPA 31, 2001 edition, Standard for the Installation of Oil-Burning Equipment NFPA 32, 2004 edition, Standard for Dry Cleaning Plants NFPA 33, 2003 edition, Standard for Spray Application Using Flammable and Combustible Materials NFPA 34, 2003 edition, Standard for Dipping and Coating Processes Using Flammable or Combustible Liquids NFPA 35, 2005 edition, Standard for the Manufacture of Organic Coatings NFPA 36, 2004 edition, Standard for Solvent Extraction Plants NFPA 37, 2002 edition, Combustion Engines and Gas Turbines NFPA 40, 2001 edition, Standard for the Storage and Handling of Cellulose Nitrate Motion Picture Film NFPA 45, 2004 edition, Standard on Fire Protection for Laboratories Using Chemicals NFPA 50, 2001 edition, Standard for Bulk Oxygen Systems at Consumer Sites NFPA 50B, 1999 edition, Standard for Liquefied Hydrogen Systems at Consumer Sites NFPA 51, 2002 edition, Standard for the Design and Installation of Oxygen-Fuel Gas Systems for Welding, Cutting

and Allied Processes NFPA 51A, 2001 edition, Standard for Acetylene Cylinder Charging Plants NFPA 51B, 2003 edition, Standard for Fire Prevention During Welding, Cutting and Other Hot Work

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NFPA 52, 2006 edition, Vehicular Fuel Systems Code NFPA 53, 2004 edition, Recommended Practice on Materials, Equipment, and Systems Used in Oxygen-Enriched

Atmospheres NFPA 54, 2006 edition, National Fuel Gas Code NFPA 55, 2005 edition, Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in

Portable and Stationary Containers, Cylinders, and Tanks NFPA 57, 2002 edition, Liquefied Natural Gas (LNG) Vehicular Fuel Systems Code NFPA 58, 2004 edition, Liquefied Petroleum Gas Code NFPA 59, 2004 edition, Utility LP-Gas Plant Code NFPA 59A, 2006 edition, Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG) NFPA 61, 2002 edition, Standard for the Prevention of Fires and Dust Explosions in Agricultural and Food Processing

Facilities NFPA 69, 2002 edition, Standard on Explosion Prevention Systems NFPA 70, 2005 edition, National Electrical Code® NFPA 72, 2002 edition, National Fire Alarm Code® NFPA 75, 2003 edition, Protection of Information Technology Equipment NFPA 80, 1999 edition, Standard for Fire Doors and Fire Windows NFPA 80A, 2007 edition, Recommended Practice for Protection of Buildings from Exterior Fire Exposures NFPA 82, 2004 edition, Standard on Incinerators and Waste and Linen Handling Systems and Equipment NFPA 86, 2003 edition, Standard for Ovens and Furnaces NFPA 86C, 1999 edition, Standard for Industrial Furnaces Using a Special Processing Atmosphere NFPA 86D, 1999 edition, Standard for Industrial Furnaces Using Vacuum as an Atmosphere NFPA 88A, 2002 edition, Standard for Parking Structures NFPA 90A, 2002 edition, Standard for the Installation of Air-Conditioning and Ventilating Systems NFPA 90B, 2006 edition, Standard for the Installation of Warm Air Heating and Air-Conditioning Systems NFPA 91, 2004 edition, Standard for Exhaust Systems for Air Conveying of Vapors, Gases, Mists, and

Noncombustible Particulate Solids NFPA 92A, 2006 edition, Standard for Smoke-Control Systems Utilizing Barriers and Pressure Differences NFPA 92B, 2005 edition, Standard for Smoke Management Systems in Malls, Atria, and Large Spaces NFPA 96, 2004 edition, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations.

Subdivision 10-2.3 of NFPA 96 applies prospectively only. Existing installations are permitted to remain in place subject to the approval of the authority having jurisdiction.

NFPA 99, 2005 edition, Standard for Health Care Facilities NFPA 99B, 2005 edition, Standard for Hypobaric Facilities NFPA 101A, 2004 edition, Guide on Alternative Approaches to Life Safety NFPA 101B, 2002 edition, Standard on Means of Egress for Buildings and Structures NFPA 102, 1995 edition, Standard for Grandstands, Folding and Telescoping Seating, Tents and Membrane Structures NFPA 105, 2003 edition, Standard for the Installation of Smoke-Control Door Assemblies NFPA 110, 2005 edition, Standard for Emergency and Standby Power Systems NFPA 111, 2005 edition, Standard on Stored Electrical Energy Emergency and Standby Power Systems NFPA 115, 2003 edition, Standard for Laser Fire Protection NFPA 120, 2004 edition, Standard for Fire Prevention and Control in Coal Mines NFPA 130, 2007 edition, Standard for Fixed Guideway Transit and Passenger Rail Systems NFPA 140, 2004 edition, Standard on Motion Picture and Television Production Studio Soundstages and Approved

Production Facilities NFPA 150, 2007 edition, Standard on Fire and Life Safety in Animal Housing Facilities NFPA 160, 2006 edition, Standard for Use of Flame Effects Before an Audience NFPA 211, 2003 edition, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances NFPA 214, 2005 edition, Standard on Water Cooling Towers NFPA 221, 2006 edition, Standard for High Challenge Fire Walls, Fire Walls and Fire Barrier Walls NFPA 232, 2000 edition, Standard for the Protection of Records NFPA 232A-1995 edition, Guide for Fire Protection for Archives and Record Centers NFPA 241, 2004 edition, Standard for Safeguarding Construction, Alteration, and Demolition Operations NFPA 251, 2006 edition, Standard Methods of Tests of Fire Resistance of Building Construction and Materials

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NFPA 252, 2003 edition, Standard Methods of Fire Tests of Door Assemblies NFPA 253, 2006 edition, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a

Radiant Heat Energy Source NFPA 255, 2006 edition, Standard Method of Test of Surface Burning Characteristics of Building Materials NFPA 256, 2003 edition, Standard Methods of Fire Tests of Roof Coverings NFPA 257, 2000 edition, Standard on Fire Test for Window and Glass Block Assemblies NFPA 259, 2003 edition, Standard Test Method for Potential Heat of Building Materials NFPA 260, 2003 edition, Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of

Components of Upholstered Furniture NFPA 261, 2003 edition, Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture

Material Assemblies to Ignition by Smoldering Cigarettes NFPA 265, 2002 edition, Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile

Coverings on Full Height Panels and Walls NFPA 267, 1998 edition, Standard Method of Test for Fire Characteristics of Mattresses and Bedding Assemblies

Exposed to Flaming Ignition Source NFPA 286, 2006 edition, Standard Methods of Fire Tests for Evaluating Contribution of Wall and Ceiling Interior

Finish to Room Fire Growth NFPA 291, 2007 edition, Recommended Practice for Fire Flow Testing and Marking of Hydrants NFPA 303, 2006 edition, Fire Protection Standard for Marinas and Boatyards NFPA 307, 2006 edition, Standard for the Construction and Fire Protection of Marine Terminals, Piers, and Wharves NFPA 312, 2006 edition, Standard for Fire Protection of Vessels During Construction, Repair, and Lay-Up NFPA 318, 2006 edition, Standard for the Protection of Semiconductor Fabrication Facilities NFPA 385, 2000 edition, Standard for Tank Vehicles for Flammable and Combustible Liquids NFPA 407, 2001 edition, Standard for Aircraft Fuel Servicing NFPA 409, 2004 edition, Standard on Aircraft Hangars NFPA 410, 2004 edition, Standard on Aircraft Maintenance NFPA 415, 2002 edition, Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways NFPA 418, 2001 edition, Standard for Heliports NFPA 430, 2004 edition, Code for the Storage of Liquid and Solid Oxidizers NFPA 432, 2002 edition, Code for the Storage of Organic Peroxide Formulations NFPA 434, 2002 edition, Code for the Storage of Pesticides NFPA 484, 2006 edition, Standard for Combustible Metals NFPA 490, 2002 edition, Code for the Storage of Ammonium Nitrate NFPA 495, 2006 edition, Explosive Materials Code NFPA 498, 2006 edition, Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives NFPA 501, 2005 edition, Standard on Manufactured Housing NFPA 501A, 2005 edition, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and

Communities NFPA 502, 2008 edition, Standard for Road Tunnels, Bridges, and Other Limited Access Roadways NFPA 505, 2006 edition, Fire Safety Standard for Powered Industrial Trucks Including Type Designations, Areas of

Use, Conversions, Maintenance and Operation NFPA 654, 2006 edition, Standard for the Prevention of Fire and Dust Explosions from the Manufacturing, Processing,

and Handling of Combustible Particulate Solids NFPA 655, 2001 edition, Standard for Prevention of Sulfur Fires and Explosions NFPA 664, 2002 edition, Standard for the Prevention of Fires and Explosions in Wood Processing and Woodworking

Facilities NFPA 701, 2004 edition, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films NFPA 703, 2006 edition, Standard for Fire Retardant-Treated Wood and Fire- Retardant Coatings for Building

Materials NFPA 704, 2001 edition, Standard System for Identification of the Hazards of Materials for Emergency Response NFPA 750, 2006 edition, Standard on Water Mist Fire Protection Systems NFPA 780, 2004 edition, Standard for the Installation of Lightning Protection Systems NFPA 820, 2003 edition, Standard for Fire Protection in Wastewater Treatment and Collection Facilities NFPA 850, 2005 edition, Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage

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Direct Current Converter Stations NFPA 909, 2005 edition, Standard for the Protection of Cultural Resource Properties – Museums, Libraries, and Places

of Worship NFPA 1122, 2002 edition, Code for Model Rocketry NFPA 1123, 2006 edition, Code for Fireworks Display NFPA 1124, 2006 edition, Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks, and

Pyrotechnic Articles NFPA 1125, 2001 edition, Code for the Manufacture of Model Rocket and High Power Rocket Motors NFPA 1126, 2006 edition, Standard for the Use of Pyrotechnics before a Proximate Audience NFPA 1127, 2002 edition, Code for High Powered Rocketry NFPA 1142, 2001 edition, Standard on Water Supplies for Suburban and Rural Fire Fighting NFPA 1194, 2005 edition, Standard for Recreational Vehicle Parks and Campgrounds NFPA 1221, 2007 edition, Standard for the Installation, Maintenance, and Use of Emergency Services Communications

Systems NFPA 1561, 2005 edition, Standard on Emergency Services Incident Management System NFPA 1962, 2003 edition, Standard for the Inspection, Care, and the Use of Fire Hose, Couplings, and Nozzles and the

Service Testing of Fire Hose NFPA 1963, 2003 edition, Standard for Fire Hose Connections NFPA 2001, 2004 edition, Standard on Clean Agent Fire Extinguishing Systems

Such portions of “The United States Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings,” which pertain to meeting firesafety requirements without destroying the historical aspects of the building SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, Society of Fire Protection Engineers, Bethesda, Maryland 2000 edition The portions of ANSI A14.3-2002, Safety Code for Fixed Ladders, which pertain to fire escape ladders and which may be obtained at American National Standards Institute, 11 West 42nd Street, New York, NY 10036 Chapter 4, Accessible Routes, ICC/ANSI A117.1-1998, which may be obtained at American National Standard for Accessible and Usable Buildings and Facilities, American National Standards Institute, 11 West 42nd Street, New York, NY 10036 The portions of ANSI A1264.1-1995, Safety Requirements for Workplace Floor and Wall Openings, Stairs and Railing Systems, which pertain to fire escape ladders and which may be obtained at American National Standards Institute, 11 West 42nd Street, New York, NY 10036 ANSI/UL 2079, 1998 edition, Test of Fire Resistance of Building Joint Systems, which may be obtained at Underwriters Laboratories Inc., 333 Pfingsten Rd., Northbrook, IL 60062 The portions of ASME/ANSI A17.1-2000, Safety Code for Elevators and Escalators, which may be obtained at American Society of Mechanical Engineers, Three Park Avenue, New York, NY 10016-5990 The portions of ASME/ANSI A17.3-2002, Safety Code for Existing Elevators and Escalators, which may be obtained at American Society of Mechanical Engineers, Three Park Avenue, New York, NY 10016-5990 ASTM D 2898,-94, (Reapproved 1999), Test Method for Accelerated Weathering of Fire Retardant-Treated Wood for Fire Testing, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 ASTM E 136-1999, Standard Test Method for Behavior of Materials in a Vertical Tube Furnace at 750°C, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 ASTM E 1537, 2001 edition, Standard Test Method for Fire Testing of Upholstered Furniture, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 ASTM E 1590-01, Standard Test Method for Fire Testing of Mattresses, American Society for Testing and Materials, which may be obtained at 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 ASTM E 1591-00, Standard Guide for Obtaining Data for Deterministic Fire Models, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA

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19428-2959 ASTM F 851-1987 (Reapproved 1991), Standard Test Method for Self-Rising Seat Mechanisms, which may be obtained at American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, but only to the extent referenced in Subdivision 12.2.5.5.1 and 12.2.5.5.2 of NFPA 101, 2000 edition ANSI/BHMA A-156.19-2002, American National Standard for Power Assist and Low Energy Power Operated Doors, which may be obtained at Buildings Hardware Manufacturers Association, 355 Lexington Avenue, 17th Floor, New York, NY 10017-6603 16 Code of Federal Regulations, Part 1632 which may be obtained by contacting the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342 UL 924, Standard for Safety Emergency Lighting and Power Equipment, Underwriters Laboratories, Inc., which may be obtained at 333 Pfingsten Rd., Northbrook, IL 60062 UL 1975, Standard for Fire Tests for Foamed Plastics Used for Decorative Purposes, Underwriters Laboratories, Inc., which may be obtained at 333 Pfingsten Rd., Northbrook, IL 60062

(3) The codes and standards published by the National Fire Protection Association and the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(4) The Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings may be obtained by writing the Florida Department of State, Division of Historical Resources, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(5) Only the codes, standards, publications, or other references adopted in this chapter are enforceable as part of the Florida Fire Prevention Code. Any code, standard, publication or other reference not adopted in this chapter is not a part of the Florida Fire Prevention Code and may only be enforced by a local government if it has been adopted as a local amendment of the local government pursuant to Section 633.0215(2), 633.0215(10), or 633.025(4), F.S. Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.005, Amended 11-28-04, 5-18-08, 12-31-08.

69A-60.006 Manufactured and Prototype Buildings. (1) Definitions. For purposes of this section, the following definitions apply: (a) “Manufacture” means the process of making, modifying, fabricating, constructing, forming or

assembling or reassembling a product from raw, unfinished, semifinished, or finished materials. (b) “Manufactured building” means a closed structure, building, assembly, or system of subassemblies,

which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include but not be limited to residential, commercial, institutional, storage, and industrial structures. For purposes of this section, “manufactured building” includes “prototype building” as defined in this subsection.

(c) “Manufacturer” means any person who, or entity which, has been certified by the Department of Community Affairs to produce, modify, or produce and modify, a manufactured building for placement in, or which has been ultimately placed in, the State of Florida.

(d) “Prototype building” means a building constructed in accordance with architectural or engineering plans intended for replication on various sites and which will be updated to comply with the Florida Building Code and applicable laws relating to firesafety, health and sanitation, casualty safety, and requirements for persons with disabilities which are in effect at the time a construction contract is to be awarded.

(2) With respect to inspections of manufactured buildings, each manufacturer of manufactured

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buildings is permitted to, at its option: (a) Contract with any person currently certified as a firesafety inspector under Section 633.081, F.S.,

from a list to be provided by the Department; or (b) Provide for one or more of its employees to become certified under Chapter 69A-39, F.A.C. (3) Each manufacturer shall notify the Department of the option that it has chosen prior to having any

firesafety inspection performed on a manufactured building. (4)(a) The Manufacturer’s Modular Data Plate shall state that the manufactured building is, or is not, in

compliance with Chapter 633, F.S., and the rules of the Department. (b) If the Manufacturer’s Modular Data Plate indicates that the building is in compliance with Chapter

633, F.S., and the rules of the Department, the local fire official shall recognize and approve such manufactured building. Nothing in this section prevents or prohibits a fire official from conducting performance tests of life safety systems.

(c) If the Manufacturer’s Modular Data Plate indicates that the building is not in compliance with Chapter 633, F.S., and the rules of the Department, the local firesafety inspector shall have the authority to conduct such firesafety inspections and to require such modifications as necessary to bring the building into compliance with Chapter 633, F.S., and the rules of the Department.

(d) Nothing contained herein shall restrict the local fire official from approving the site conditions for such matters as fire department access, water supplies, and the exit discharge from the manufactured building; however, this section relating to manufactured buildings is not subject to any local amendment.

(e) Paragraphs (a) through (d) do not apply to factory built school buildings. Each master plan for the factory built school buildings to be built according to such plan shall be reviewed by a firesafety inspector certified pursuant to Section 633.081(2), F.S., conducting an inspection pursuant to Section 633.081(1) or 235.06, F.S., who shall note or cause to be noted on the face of the plans the following:

1. Whether buildings manufactured in conformance with those plans require inspection in the factory and the items subject to inspection; and,

2. Identification of any item that is not indicated on the plans to be installed at the factory, but which is required to be installed pursuant to the Florida Fire Prevention Code, if any. Installation of such item shall be subject to inspection by the local fire official after installation.

(f) No factory built school building shall be occupied, used, or have an insignia of the Department of Community Affairs attached until such building has been inspected after installation by the local fire official and found to be in compliance with the Florida Fire Prevention Code. The local fire official shall notify the local building official when the factory built school has been inspected after installation and has been found to be in compliance with the Florida Fire Prevention Code.

(5) After the manufacturer has fully complied with at least one option in subsection (2), the Department shall advise the Department of Community Affairs of such compliance which shall constitute notice that the manufacturer is in compliance with the firesafety inspection requirements of the Florida Fire Prevention Code, or the applicable uniform code, and that firesafety inspections are being completed by certified firesafety inspectors.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Amended 9-8-02, Formerly 4A-60.006, Repromulgated 11-28-04.

69A-60.007 Enforcement of the Florida Fire Prevention Code. (1) Section 633.025, F.S., provides that each municipality, county, and special district with firesafety

responsibilities is required to enforce the Florida Fire Prevention Code. Such enforcement requires inspection of each new building subject to the Florida Fire Prevention Code and includes periodic inspections of each existing building subject to the Florida Fire Prevention Code.

(2) The Florida Fire Prevention Code contains several provisions and requirements that may interrelate with the Florida Building Code. It is not the intent of the Florida Fire Prevention Code that such interrelation result in duplicate reviews and inspections by either the firesafety official or the building official. The authority having jurisdiction over firesafety is responsible for enforcement of the Florida Fire Prevention Code hereof and should discharge its obligation in a manner that does not expose those regulated to unnecessary or unnecessarily expensive duplication of effort. To that end, the authority having

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jurisdiction over firesafety is directed to clearly delineate responsibility for enforcement of the Florida Fire Prevention Code hereof, and, in the event that a dispute arises regarding the enforcement of the Florida Fire Prevention Code as related to the enforcement of the Florida Building Code, the authority having jurisdiction over firesafety shall resolve the dispute by the procedures set forth in Chapter 633 and Chapter 553, F.S., as required by Section 633.01, F.S.

(3) If deemed necessary by a fire official for a complete, accurate, and thorough firesafety plans review or inspection, the fire official may request assistance from a building, electrical, plumbing, or similar specialty inspector; however, nothing in this rule gives authority or jurisdiction to any person other than a firesafety inspector certified under Section 633.081, F.S., to perform firesafety inspections required by law, rule, ordinance, or code.

(4)(a) Section 633.01, F.S., provides that it is the intent of the legislature that there be no conflicts in the interpretation and enforcement of the Florida Fire Prevention Code and the Florida Building Code.

(b) In the event of a conflict between the Florida Fire Prevention Code and the Florida Building Code, the procedures set forth in Chapter 553, F.S., and specifically either

1. Paragraph (d) of subsection (1) of Section 553.73, F.S., relating to conflicts in general to be resolved through mediation, or

2. Paragraphs (a) through (f) of subsection (9) of Section 553.73, F.S., relating to conflicts in the application of the Florida Fire Prevention Code and the Florida Building Code to a specific project, as applicable, shall be followed.

(5)(a) Section 633.01, F.S., provides that the State Fire Marshal may issue, and if requested in writing by a substantially affected person or by a local enforcing agency, i.e., an authority having jurisdiction, the State Fire Marshal shall issue declaratory statements to interpret the Florida Fire Prevention Code.

(b) To request an interpretation of the Florida Fire Prevention Code from the State Fire Marshal through a declaratory statement, a person who is not an authority having jurisdiction must proceed through the local appeal process and receive an adverse ruling from the local appeals board. A person does not become a substantially affected person until such person receives an adverse ruling after having completed the local appeal process because the local interpretation with which the person disagrees, if challenged, cannot be enforced until after having been upheld in the local appeal process.

(c) If the person who is not an authority having jurisdiction receives an adverse ruling after proceeding through the local appeal process, such person then becomes a substantially affected person within the meaning of Section 633.01, F.S., and may at that time petition for a declaratory statement from the State Fire Marshal.

(d) Any petition for declaratory statement that has been received by the State Fire Marshal from a person who is not an authority having jurisdiction and who has not proceeded through the local appeal process shall be dismissed, without prejudice to re-bring the petition after such person has received an adverse ruling through the local appeal process.

(e) An authority having jurisdiction may request a declaratory statement from the State Fire Marshal at any time, regardless of whether the interpretation of the authority having jurisdiction has been challenged; however, an authority having jurisdiction must, in compliance with Section 120.565, F.S., be presented with an actual particular set of circumstances prior to petitioning for a declaratory statement. Declaratory statements are not issued on a hypothetical set of facts if the authority having jurisdiction or any other substantially affected person is not presented with an actual particular set of circumstances.

(f)1. A petition for a declaratory statement is not required to be in any particular form; however, each petition must comply fully with Section 120.565, F.S., and Chapter 28-105, F.A.C.

2. Although there is no requirement that a petition be in any particular form, a form exists on the Division of State Fire Marshal website located at http://www.fldfs.com/SFM/ which, if used, complies in all respects with the requirements of the law and will assist the division in expediting the proceedings.

Specific Authority 633.01, 633.0215, 633.025 FS. Law Implemented 633.01, 633.0215, 633.025 FS. History–New 11-15-01, Formerly 4A-60.007, Amended 11-28-04.

69A-60.011 Non-Binding Interpretations of the Florida Fire Prevention Code. (1) Definitions. For purposes of this rule section:

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(a) “Code” means the Florida Fire Prevention Code. (b) “State Fire Marshal” or “Division” means the Chief Financial Officer of the State of Florida acting

as State Fire Marshal, or the Division of State Fire Marshal, as the context requires. (c) “Organization” means the entity with which the State Fire Marshal enters into a contract to provide

administrative services to facilitate the provision of informal, non-binding interpretations of the Code as described in Section 633.026, F.S.

(d) “Fire Code Interpretations Committee,” or “FCIC,” means the committee established to provide informal interpretations of the Florida Fire Prevention Code.

(2) Procedures. The following procedures apply to the organization and to the FCIC. (a) The FCIC shall consist of seven members, each representing one of the seven emergency

management regions in the State. Each member shall be a firesafety inspector certified in accordance with Section 633.081(2), F.S. There shall be one alternate for each FCIC member. Each alternate must be a certified firesafety inspector from the same emergency management region as the FCIC member. Each member and each alternate shall have, at a minimum, five years of experience in performing firesafety inspections as a certified firesafety inspector. The seven emergency management regions of the State are described as follows:

1. Emergency Management Region 1 Counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Jackson, Washington, Bay, Gulf, and Calhoun;

2. Emergency Management Region 2 Counties: Gadsden, Liberty, Leon, Franklin, Wakulla, Taylor, Jefferson, Madison, Lafayette, Hamilton, Suwannee, Columbia, and Dixie;

3. Emergency Management Region 3 Counties: Nassau, Duval, Clay, St. Johns, Flagler, Putnam, Bradford, Union, Baker, Levy, Alachua, and Gilchrist;

4. Emergency Management Region 4 Counties: Citrus, Hernando, Pasco, Pinellas, Hillsborough, Polk, and Manatee;

5. Emergency Management Region 5 Counties: Marion, Sumter, Lake, Orange, Seminole, Osceola, Brevard, and Volusia;

6. Emergency Management Region 6 Counties: Hardee, Sarasota, Desoto, Charlotte, Glades, Highland, Okeechobee, Hendry, Lee, and Collier;

7. Emergency Management Region 7 Counties: Monroe, Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, and Indian River.

(b) At least annually, the Organization shall provide to the Division a list of all certified firesafety inspectors and alternates, who are currently serving on the FCIC, with attendant documentation establishing that these individuals possess at least five years of experience in performing firesafety inspections as a certified firesafety inspector.

(c) Each person serving on the FCIC must have on file with the Division Form DFS-K3-1673, (rev. 01/06), “Member Application for Fire Code Interpretations Committee,” adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340, or by visiting the State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm. The first seven applications received from individuals that meet the geographic and experience requirements shall be appointed as members. The next seven applications received from individuals that meet the geographic and experience requirements shall be appointed alternate members. Applications to serve on the Committee may be submitted at any time and will be kept on file to fill vacancies as they occur. When a vacancy occurs, the existing alternate will be appointed to serve in the vacant seat. An alternate will be chosen for the seat in the same manner as the original member was chosen.

(d) The name of each person to serve on the FCIC must be on file with the Division at least thirty (30) days before that person is permitted to voice an opinion or cast a vote as a member of the FCIC on a request for a non-binding interpretation.

(e) Requests for non-binding interpretations of the Code shall be submitted to the Division in accordance with this rule with a fee of $110.00.

1. Each request shall cite the specific code and the code section referenced in the question. 2. The question shall be asked in a format that can be answered with a “Yes” or a “No” response. 3. The question must be limited to the application of a single Code section. 4. Any additional question shall be made as a separate request.

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(f) The Organization, through its designated representative or representatives, shall review each request for an informal interpretation.

1. If the request for informal interpretation does not qualify for consideration by the FCIC, the Organization shall so advise the requestor, giving the reason or reasons why it does not qualify for consideration, and shall take no further action.

2. If the request for informal interpretation is proper, the Organization shall assign it to the FCIC. 3. If the FCIC deems it appropriate or necessary, it is permitted to initiate a review process which

solicits comments for development of a response. (g) The FCIC is not permitted to consider any comment unless the comment includes the name,

employer (if any), and contact information of the submitter. Anonymous comments shall not be presented to or considered by the FCIC.

(h) The FCIC shall prepare a response that is the result of a vote of at least a majority of the persons on the FCIC.

(i) Each person on the FCIC that reviews a request must be identified in the response. (j) A copy of all documentation received or produced in conjunction with any informal interpretation

shall be retained in accordance with the contract between the State Fire Marshal and the Organization. (k) A meeting shall be held to consider the request at the behest of at least two FCIC members. The

meeting may be conducted in person or electronically. (l)1. Each member participating in an informal interpretation shall submit his or her individual

response to the organization within five (5) calendar days of the Organization having received the written request, and the fee of $110.00. The Organization should forward the majority FCIC response, either “Yes” or “No”, without comment or amendment to the requestor via electronic transmission or regular mail within four (4) calendar days of receipt of the majority responses from the individual FCIC members. In no event shall the FCIC response be sent later than thirty (30) days from the date the Organization receives the request for informal interpretation.

2. The Organization shall send an electronic copy of each final FCIC response to the Division of State Fire Marshal at the email address in the contract.

(m) Each final FCIC response, together with the written request, shall be posted on the Organization’s website.

(n) Each response is nonbinding, and constitutes the opinion of the FCIC rendering the opinion, and not the opinion of the Department, the State Fire Marshal, or the Organization.

(3)(a) No person serving on the FCIC is permitted to participate in the consideration of any matter involving such person’s own jurisdiction, if he or she is the firesafety inspector for that jurisdiction whose duties by statute, rule, ordinance, or code require or permit him or her to inspect any building or structure which is the subject of the request to the FCIC, or if that person has provided input on the matter for the building or structure that is the subject of the request.

(b) Each person serving on the FCIC shall serve at the pleasure of the State Fire Marshal, and may be removed without cause. Specific Authority 633.01, 633.026 FS. Law Implemented 633.026 FS. History–New 4-26-07.

69A-60.012 Purpose, Criteria and Procedures for Designation as an Approved Nationally Recognized Testing Laboratory in Florida for Firesafety Purposes.

(1) The purpose of this rule is to determine whether a laboratory is nationally recognized in accordance with the following provision:

(a) Section 633.065, F.S., pertaining to fire suppression equipment; (b) Section 633.071, F.S., pertaining to fire extinguishers; (c) Section 633.083, F.S., pertaining to certain types of fire extinguishers; (d) Section 633.539, F.S., pertaining to fire protection systems, and (e) Section 633.701, F.S., pertaining to alarm systems, (2) Criteria for Determination of Designation. (a) Documentation that the applicant is designated as a Nationally Recognized Testing Laboratory by

the U.S. Department of Labor, and the purpose or purposes for which it was recognized; or, in the alternative,

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(b) Documentation that the applicant is eligible for recognition as a Nationally Recognized Testing Laboratory by the U.S. Department of Labor, and the purpose or purposes for which Florida designation is sought in accordance with subsection (1) above.

(3) Application Procedure. (a) An applicant that is currently recognized by the United States Department of Labor as a Nationally

Recognized Testing Laboratory can make application for Florida designation to the Division of State Fire Marshal on Form DFS-K3-1791 (effective 9/12/07), “Application for Recognition as Nationally Recognized Testing Laboratory in Florida,” which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342, or by visiting the Division of State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm.

(b) An applicant that is not currently recognized by the United States Department of Labor as a Nationally Recognized Testing Laboratory can make application for Florida designation to the Division of State Fire Marshal on Form DFS–K3-1792 (effective 9/12/07), “Application for Nationally Recognized Testing Laboratory in Florida,” which is hereby adopted and incorporated herein, and which may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0342, or by visiting the Division of State Fire Marshal’s website located at http://www.fldfs.com/SFM/index.htm, and shall include all of the information and material requested thereon.

(c) The Division of State Fire Marshal shall review the application for completeness and request additional information that was either not provided or is necessary to make a determination.

(d) When the application is deemed complete, the Division of State Fire Marshal shall either approve or deny the application.

(e) If the application is approved, the Division of State Fire Marshal shall issue a certificate to the applicant evidencing its designation as a Nationally Recognized Testing Laboratory qualified in Florida, and the purposes to which the designation is limited. The designation may be for any of the purposes set forth in subsection (1) above, as approved by the Division of State Fire Marshal, but only for those purposes.

(f) If the application is denied, the applicant shall be notified in writing, together with the reasons for denial and rights under Chapter 120, F.S.

(g) An application that is approved in part but denied for one or more requested purposes shall be treated procedurally as a denied application.

(4) Material Changes. Any testing laboratory designated in Florida as “nationally recognized” for one or more of the purposes in the statutes listed in subsection (1) above:

(a) Will be subject to ongoing verification that it continues to meet the Florida designation criteria, and (b) Shall notify the Division of State Fire Marshal within 30 days of the occurrence of any of the

following: 1. A change in the company name or the company address; 2. A change in any major test equipment; 3. The establishment of a new branch office or facility at which items are to be tested; 4. A change in principal officers, key supervisory personnel or key testing personnel in the company.

Specific Authority 633.065, 633.071, 633.083, 633.539, 633.701 FS. Law Implemented 633.065, 633.071, 633.083, 633.539, 633.701 FS. History–New 8-20-07.

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69A-61

RULES OF THE BUREAU OF FIRE AND ARSON INVESTIGATIONS

69A-61.001 Initial Investigation of Fires. (1)(a) PURPOSE. The purpose of this rule is to assist local fire officials and law enforcement officers

in determining the established responsibilities with respect to the initial or preliminary assessment of fire scenes, and the determination of whether probable cause exists to refer such scenes to the Division for an investigation pursuant to Section 633.03, F.S. Experience shows that the most effective deterrent to arson lies in the effective investigation of suspicious and incendiary fires. This requires a commitment of fire officials, law enforcement, and the Division to direct investigative resources to those fires that are of a suspicious nature, or are believed to be incendiary, to more effectively prosecute offenders that commit the crime of arson. This rule imposes no additional or new obligations on local fire officials or law enforcement, but serves solely to clarify the conditions that necessitate the engagement and assistance of State Fire Marshal, Bureau of Fire and Arson Investigations’ resources upon the occurrence of a fire or explosion.

(b) SCOPE. Pursuant to Section 633.03, F.S., the State Fire Marshal is required to investigate any fire in which property has been damaged or destroyed and where there is probable cause to believe that the fire was the result of carelessness or design. The Bureau of Fire and Arson Investigations of the Division of State Fire Marshal is a law enforcement agency whose personnel are sworn law enforcement officers pursuant to Chapter 943, F.S. The State Fire Marshal is charged with enforcing all laws and rules adopted pursuant thereto for purposes of the prevention of fire and explosion through the regulation of conditions which could cause fire or explosion, pursuant to Section 633.01(2)(a), F.S. The purpose of the Bureau of Fire and Arson Investigations is to investigate crimes or criminal activity related to fires. This section sets forth the requirements and procedures for such investigations.

(2) DEFINITIONS. For purposes of this section, the following words or terms have the following definitions:

(a) “The bureau” means the Bureau of Fire and Arson Investigations of the Division of State Fire Marshal, Department of Financial Services.

(b) “Carelessness” means culpable negligence within the contemplation of Section 784.05, F.S., manslaughter as defined in Section 782.07(1), F.S., gross negligence, or a reckless disregard for property or life, so extreme that it is punishable as a crime. “Carelessness” does not mean or include ordinary carelessness, ordinary negligence, simple negligence, or any similar concept.

(c) “Design” means the specific intent to commit a crime or the general intent to commit any act that constitutes, or may result in, the commission of a crime.

(d) “Division” means the Division of State Fire Marshal of the Department of Financial Services. (e) “Initial investigation” means a preliminary investigation of the cause and origin of a fire for the

purpose of determining whether there is probable cause to believe that the fire was the result of carelessness or design. “Initial investigation” includes the following components:

1. Initially evaluating available information at a fire scene including the notation of observations, conducting on-scene interviews of first arriving members and others involved in the fire or fire suppression, to determine a preliminary cause of the fire;

2. Relaying documents, audio recordings, video recordings, photographs, undeveloped film, electronic images in a digital camera or on storage media, sketches, drawings, evidence, and information to a requested or responding follow-up investigator, if applicable;

3. Securing the fire scene and, if deemed appropriate by the initial investigator or requested by a follow-up investigator, obtaining or attempting to obtain written consent to search the property.

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(f) “Local fire official” means the chief of the local fire department or his or her designee; chiefs of county, municipal, and special-district fire departments; other fire department personnel designated by their respective fire department chiefs; and personnel designated as its local fire official by written notice to the bureau by a municipality, county, or special district having no organized fire departments.

(g) “Law enforcement officer” means any sworn law enforcement officer pursuant to Chapter 943, F.S., employed by any unit of government, or any officer referenced in Sections 354.01 and 901.1505, F.S.

(h) “Organized fire department” means any entity which employs or uses firefighters or firesafety inspectors whose primary duty is the prevention and extinguishing of fires, the protection of life and property therefrom, the enforcement of municipal, county, and state fire prevention codes, as well as the enforcement of any law pertaining to the prevention and control of fires, who is certified as a firefighter pursuant to Section 633.35, F.S., or as a firesafety inspector pursuant to Section 633.081, F.S., or who is a volunteer firefighter, as referenced in Sections 633.801-.821, F.S.

(i) “Probable cause” means reasonable cause or reasonable grounds to believe that an unlawful act has been committed or that an unlawful event has occurred.

(j) “Property damage” means that any property, real, personal, or mixed, tangible or intangible, having some value to any person has been damaged to such extent that its value has been diminished, or has been destroyed, and includes injury or death to any person.

(3) CONDUCT OF INITIAL INVESTIGATION. (a) Any time a fire or explosion has occurred which results in property damage in any municipality,

county, or special district having an organized fire department, any local fire official whose intent is to request the State Fire Marshal to perform an investigation under Section 633.03, F.S., shall make or shall cause to be made an initial investigation of the circumstances surrounding the cause and origin of such fire. Law enforcement officers are permitted to, if any chooses, conduct such initial investigations.

(b) If the fire occurs in a municipality, county, or special district which has no organized fire department or designated arson investigations unit within its law enforcement providers, the municipality, county, or special district is permitted to request the bureau to conduct such initial investigation.

(4) FINDING OF PROBABLE CAUSE. (a) If the local fire official or any law enforcement officer determines that there is probable cause to

believe that the fire was the result of carelessness or design as provided for in Section 633.03, F.S., and as defined herein, the local fire official or any law enforcement officer seeking Bureau of Fire and Arson Investigations investigative resources shall report to the bureau the facts and circumstances constituting such probable cause, for the bureau to determine whether an investigation under Section 633.03, F.S., will be made and resources committed.

(b) Such report need not be in any particular form, but shall contain at a minimum the following information:

1. The date and time of the fire; 2. The address of the property damaged; 3. A description of property damaged (i.e., single family home, restaurant, etc.), and the extent of the

damage; 4. The name or names of the owner or owners of property damaged, if known; 5. The name or names and number of persons injured or killed, if known, and the extent of any

injuries; and 6. The facts and circumstances considered by the local fire official or law enforcement officer to

constitute probable cause to believe that the fire was the result of carelessness or design. (c) The report must be given verbally and the reporting person is permitted to follow it up in writing if

he or she chooses. When given verbally, the report shall be given to the bureau at (800) NET FIRE ((800) 638-3473) to initiate the dispatch, notification, and tracking process. Such notification shall be made prior to the release of scene custody by the local fire official or law enforcement officer, if practicable or reasonable. If followed up in writing, the written report shall be mailed to the Department of Financial Services, Division of State Fire Marshal, Bureau of Fire and Arson Investigations, 200 East Gaines Street, Tallahassee, Florida 32340, or it is permitted to be faxed to the bureau at fax number (850) 487-0151, or it is permitted to be hand delivered or delivered by use of a private delivery company, or it is permitted to be e-mailed to the bureau. If hand delivered or delivered by a private delivery company, it shall be delivered to the Division of State Fire Marshal, Bureau of Fire and Arson Investigations, Third Floor, The Atrium, 325

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John Knox Road, Tallahassee, Florida 32303. (5) FINDING OF NO PROBABLE CAUSE. If the local fire official or law enforcement officer

determines that there is no probable cause to believe that the fire was the result of carelessness or design, and the fire does not meet the criteria in subsection (9) or (10), the local fire official or law enforcement officer shall have no obligation to refer the matter to the bureau.

(6) CONSULTATIONS WITH THE BUREAU. The local fire official or law enforcement officer is permitted to at any time verbally confer or consult with a law enforcement investigator or other law enforcement officer employed by the bureau to assist in a determination of whether probable cause exists to believe that the fire was the result of carelessness or design; however, such conference or consultation shall not relieve the local fire official or law enforcement officer of his or her responsibility to conduct the initial investigation required by subsection (3), or to make the determinations referred to in subsection (4) or (5).

(7) RESPONSIBILITIES OF THE BUREAU. (a) If after the immediate review of the report information provided in paragraph (b) of subsection (4)

the bureau determines that there is probable cause to believe that such fire was the result of carelessness or design, or the fire meets the criteria in subsection (9) or (10), the bureau shall immediately initiate a complete investigation of the subject fire, pursuant to the requirements of Section 633.03, F.S., or, in the event that an immediate response is not necessary based on the facts and circumstances, the bureau shall take all appropriate action to insure that the integrity of the evidence or the potential evidence is preserved until an investigation can be made.

(b) If, after the immediate review of the information provided in paragraph (b) of subsection (4), the bureau determines that there is no probable cause to believe that such fire was the result of carelessness or design, and the fire does not meet the criteria in subsection (9) or (10), the bureau is not required to initiate an investigation of the fire. Verbal notification of this determination shall be provided to the requesting fire official or law enforcement officer by the bureau. The bureau shall provide notice to the requesting local fire official or law enforcement officer of such determination containing an explanation of the reason or reasons the bureau does not find probable cause, in writing, and shall close the case with no further investigation.

(c) In the absence of an investigation by the bureau, nothing in these rules prohibits a local fire official or any law enforcement officer from conducting any investigation resulting from a fire that such fire official or law enforcement officer deems appropriate or necessary.

(8) STANDARD PROCEDURES FOR INITIAL INVESTIGATIONS. (a) The bureau will not normally perform the initial investigation to determine whether probable cause

exists to believe that the fire was the result of carelessness or design in any municipality, county, or special district having an organized fire department, or in any jurisdiction in which any law enforcement officer assumes the responsibility for such investigations.

(b) The bureau will normally perform the initial investigation to determine whether probable cause exists to believe that the fire was the result of carelessness or design in a municipality, county, or special district which has no organized fire department, but only after a request has been made verbally or in writing by the municipality, county, or special district having no organized fire department requesting such initial investigation.

(9) DEATH OR INJURY OF A FIREFIGHTER. Notwithstanding anything else contained in this section, any time a firefighter is:

(a) Injured, requiring hospitalization or treatment by a physician at a medical facility; or (b) Killed as the result of, during, while combating, or otherwise engaged in any act or action related to

a fire; the local fire official or law enforcement officer shall immediately notify the division of the information contained in paragraph (b) of subsection (4) to permit the division to conduct an investigation pursuant to Section 633.808, F.S., and, if applicable, an investigation pursuant to Section 633.03, F.S.

(10) PRESUMPTIONS FOR PURPOSES OF BUREAU INVESTIGATIONS. (a) Fires meeting the following criteria shall be presumed by the bureau to be by carelessness or design

for the sole purpose of activation of bureau’s resources in accordance with this rule: 1. Any fire with a projected direct dollar loss exceeding $1,000,000 (one million dollars); or 2. Any fire involving a civilian death, or an injury that is likely to result in death; or 3. Any fire in which the cause is not readily determined by an initial investigation; or 4. Any fire involving the suspected failure of a fire suppression or fire detection system.

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(b) The bureau shall cause an investigation to be made of all fires meeting the criteria in subparagraph 1., 2., 3., or 4.

Specific Authority 633.01, 633.806, 633.808 FS. Law Implemented 633.01, 633.03, 633.806, 633.808 FS. History–New 8-13-03, Formerly 4A-61.001.

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69A-62

FIREFIGHTER EMPLOYMENT STANDARDS

69A-62.0001 Definitions.

Unless the text or context clearly requires otherwise, the definitions in Section 633.802, F.S. 2003, are applicable to this rule chapter. In addition, for purposes of this rule chapter, the following definitions apply.

(1) “Act” means Sections 633.801-.821, F.S. (2003). (2) “Division” means the Division of State Fire Marshal of the Department of Financial Services of the

State of Florida. (3) “Exclusionary” zone or “hot” zone means the area immediately around the incident where serious

threat of harm exists, which includes the collapse zone for a structure fire. Entry into such zone would require the use of breathing apparatus, protective clothing, and specialized training required under Section 633.821(2), F.S. 2003, and this rule chapter.

(4) “Fire department” means any local fire department or fire district in the state responsible for municipal or county fire protection as recognized by the appropriate municipal or county government or the state. A fire department has the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department, and which is in compliance with Rule 69A-62.006, F.A.C. These duties, functions, powers, and responsibilities include but are not limited to the protection and saving of life and property against fire, explosions, and other hazards, the prevention and extinguishment of fires, and the enforcement of municipal, county, and state fire prevention codes, as well as of any law pertaining to the prevention and control of fires and hazardous materials incident mitigation.

(5) “Firefighter employee” means a firefighter employee as defined in Section 633.802, F.S. 2003, and includes a volunteer firefighter as referred to in Section 633.820, F.S. 2003.

(6) “IDLH” or “IDLH atmosphere” means an atmosphere which is immediately dangerous to life and health.

(7) “Trained commensurate to duty” means that the person must have documented training in the specific task assigned or combination of skills required to accomplish any series of tasks which may be assigned to that individual given a set of conditions or circumstances which that individual may undertake. Anticipated special circumstances such as hazardous materials operations, technical rescue, and similar conditions or circumstances require additional training.

(8) “Two-in, two-out rule” or “two-in, two-out” means and refers to 29 C.F.R. 1910.134(g)(4), Including Notes One and Two, as modified by Section 633.821(3), F.S. (2003).

Specific Authority 633.01(1), 633.45(1)(a), 633.821 FS. Law Implemented 633.45(1)(a), 633.802, 633.821 FS. History–New 9-6-04.

69A-62.001 Uniform Minimum Firefighter Employment Standards; Adoption of OSHA

Standards. (1) The Department of Financial Services, Division of State Fire Marshal, adopts and incorporates as

rules of the Division of State Fire Marshal the following standards as they pertain solely to firefighters and firefighter employers: Sections 1910.120, 1910.134 [excluding Section 1910.134(g)(3) and 1910.134(g)(4)], 1910.146, and 1910.156, of Part 1910, of the Occupational Safety and Health Standards, 29 Code of Federal Regulations, effective April 8, 1998.

(2) All standards adopted and incorporated by reference in this rule are available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

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Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.821 FS. History–New 11-21-01, Formerly 4A-62.001.

69A-62.002 Uniform Minimum Firefighter Employment Standards; Adoption of National Fire

Protection Association Standards. (1) The Department of Financial Services, Division of State Fire Marshal, adopts and incorporates as

rules of the Division of State Fire Marshal the following standards as they pertain solely to firefighters and firefighter employers: The National Fire Protection Association, Inc., Standard 1500, Paragraph 7.15 (Personal Alert Safety System [PASS]), 2007 edition. A PASS device shall be worn each time a Self-Contained Breathing Apparatus is required.

(2) The codes and standards published by the National Fire Protection Association may be obtained by writing to the NFPA at: 1 Batterymarch Park, Quincy, Massachusetts 02269-9101. All standards adopted and incorporated by reference in this rule are also available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

Specific Authority 633.01(1), 633.45(1)(a), 633.821 FS. Law Implemented 633.45(1)(a), 633.802, 633.821 FS. History–New 11-21-01, Formerly 4A-62.002, Amended 1-1-09.

69A-62.003 Uniform Minimum Firefighter Employment Standards; Adoption of 29 C.F.R.

1910.134(g)(3) and 1910.134(g)(4), Including Notes One and Two and Additional Requirements Applicable to Fire Scenes.

(1) The Department of Financial Services, Division of State Fire Marshal, adopts and incorporates as rules of the Division of State Fire Marshal the following standards as they pertain solely to firefighters and firefighter employers: 29 Code of Federal Regulations, Section 1910.134(g)(3) and 1910.134(g)(4), Procedures for IDLH Atmospheres, including Notes 1 and 2 to paragraph (g) (relating to interior structural firefighting, commonly referred to as the “two in, two out rule”), effective April 8, 1998.

(2) All standards adopted and incorporated by reference in this rule are available for public inspection during regular business hours at the Bureau of Fire Prevention, Division of State Fire Marshal, Department of Financial Services, 325 John Knox Road, The Atrium, Third Floor, Tallahassee, Florida 32303.

(3) With respect to 29 C.F.R. Section 1910.134(g)(4), the two individuals located outside the immediately dangerous to life and health atmosphere may be assigned to an additional role, such as incident commander, pumper operator, engineer, or driver, so long as such individual is able to immediately perform assistance or rescue activities without jeopardizing the safety or health of any firefighter working at an incident.

(a)1. Except as provided in subparagraphs 2., 3., and 4., no firefighter or any other person under the authority of the firefighter employer at the scene of a fire is permitted to participate in any operation involving two-in, two-out as one of the two or more persons inside the IDLH atmosphere or as one of the two or more persons outside of the IDLH atmosphere unless such firefighter or other person at the scene of a fire has completed the training set forth in Part I of Rule 69A-37.055(2)(a), F.A.C. This requirement specifically applies to volunteer fire departments and volunteer firefighters but is also applicable to any other person working under the authority of the Firefighter Employer at the scene of a fire.

2.a. A volunteer firefighter who possesses the State Basic Volunteer certificate previously issued by the division is exempt from the requirement in subparagraph (3)(a)1. The training encompassed in the basic volunteer certificate in itself may not meet “trained commensurate to duty” as defined depending upon duties or tasks assigned or undertaken in the exclusionary zone.

b. A volunteer firefighter who provides evidence of having completed curriculum equivalent to the training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C., prior to January 1, 2004, is exempt from the requirement in subparagraph (3)(a)1., if:

(I) The fire chief or other chief administrative officer of the fire department of which the firefighter is a member files with the State Fire Marshal form DFS-K4-1594, “Training Exemption Application,” effective 08/06/04, amended 01/09/04, which is hereby adopted and incorporated by reference, and

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(II) The form is accepted by the State Fire Marshal after confirmation of the evidence provided. Form DFS-K4-1594 may be obtained by writing the Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.

3. United States Department of Defense firefighters responding in their capacity as U.S. Department of Defense firefighters meeting equivalent U.S. Department of Defense qualifications are exempt from the requirement in subparagraph (3)(a)1.

4. Volunteer firefighters having NWCG S-130, S-190, and Standards for Survival certification by the Florida Division of Forestry are permitted to participate in wild land fire suppression without meeting the requirement of subparagraph (3)(a)1.

(b) It is each Firefighter Employer’s responsibility to be familiar with the training standards of commonly used mutual aid agreements, automatic aid agreements, and other similar resources with other entities with whom the Firefighter Employer has an agreement. Each fire department responding pursuant to a mutual aid agreement or automatic aid agreement or similar document is responsible for the training and certification of its own personnel. Unless otherwise specified, requests for assistance shall constitute requests for personnel meeting the training standard required by these rules.

(4)(a) In addition to the prohibition in subsection (3), no firefighter employer, regardless of whether such firefighter employer employs firefighters certified under Section 633.34, F.S. (2003), or utilizes volunteer firefighters, is permitted to allow any firefighter or other person at the scene of a fire to participate in any activity which is included in the standards adopted in Sections 633.801-.821, F.S. (2003), or pursuant to this rule chapter unless such firefighter or other person at the scene of a fire has completed the training set forth in Part I of paragraph 69A-37.055(2)(a), F.A.C. This requirement specifically applies to volunteer fire departments and volunteer firefighters, but is also applicable to any other person operating in the exclusionary zone of a scene that would require the use of breathing apparatus, protective clothing, or specialized training required under Section 633.821(2), F.S.

(b) This subsection does not prohibit a person who has not met the training requirements in paragraph (a) from taking any action at all at a fire scene. It merely prohibits a person who has not met such training requirements from engaging in any activity which is governed by the standards adopted in Sections 633.801-.821, F.S. (2003). Persons not having met the training requirements in paragraph (a), but who are “trained commensurate to duty” to perform those activities they are assigned to, are permitted to engage in certain activities outside of the exclusionary zone. Those activities include pulling hoses, opening and closing fire hydrants, moving vehicles, carrying tools, carrying or moving equipment, directing traffic, manning a resource pool, and similar activities. Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.821 FS. History–New 11-21-01, Formerly 4A-62.003, Amended 9-6-04, 1-1-09.

69A-62.004 Uniform Minimum Firefighter Employment Standards: Presence of Toxic

Substances; Notice to Fire Departments. (1) An employer, unless specifically exempted pursuant to subsection (3), shall provide within 9

months after the effective date of this rule to the person responsible for the administration and direction of a fire department in a county, municipality, or political subdivision, including a fire chief or fire administrator or that person’s designee:

(a) A list of work areas, sufficiently identified by name and location, where toxic substances are present, which list contains the chemical and common name of each substance regularly present unless such information is protected pursuant to the trade secret provisions of this act; and

(b) Upon request, any material safety data sheet for each toxic substance regularly present. (2) Whenever circumstances regarding the name and location of the substance change sufficiently to

warrant an updated report, the employer shall update the information provided pursuant to subsection (1). (3) An employer operating a plant or facility which continues in operation, including maintenance

periods, 24 hours a day, 7 days a week, 365 days a year, shall not be required to provide the information specified in subsection (1) with respect to any such plant or facility, provided such plant or facility is manned at all times by personnel qualified to provide such information.

(4) The person responsible for the administration and direction of a fire department in a county, municipality, or political subdivision, including a fire chief or fire administrator or that person’s designee,

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shall maintain the information provided by the employer as required in subsection (1) for at least 4 years and shall provide copies of such information only to the following agencies located within the geographic jurisdiction of such fire department:

(a) Fire suppression and fire inspection divisions; (b) Emergency medical service providers licensed under Chapter 401, F.S.; and (c) Upon request, law enforcement agencies and local emergency management agencies. (5) This section shall have the same force and effect in each county and municipality as the ordinances

of such county or municipality. (6) The chief of a county, municipal, or special district fire department, other fire department personnel

designated by such chief, and personnel designated by a local government having no organized fire department are authorized to enforce this section and any regulation adopted by the State Fire Marshal for enforcement of this section. Such personnel acting under the authority of this section shall be considered agents of their respective jurisdictions and not agents of the State Fire Marshal.

(7) A violation of this section constitutes a violation of the rules of the State Fire Marshal. (8) The following definitions shall apply in this section: (a) “Commercial product” means those products primarily used or bought for use by employers for use

in the workplace. (b) “Consumer product” means those products primarily used or bought for use by individuals for

personal, family, or household purposes. (9) The toxic substances compiled in the Florida Substance List are listed by Chemical Abstract

Service Number in ascending numerical order. The Chemical Abstract Service nomenclature is used whenever feasible.

(10) The Florida Substance List consists of the substances identified in the last subsection of this rule. (11) Since not all substances are hazardous in every form to which a worker may be exposed, the State

Fire Marshal sets forth the following parameters for determining the applicability of the law to specific situations:

(a) The substance or mixture must be on the Florida Substance List; (b) It must be manufactured, produced, used, applied, or stored in the workplace; and (c) It must cause a significant risk to safety or health during, or as a proximate result of, any customary

or reasonably foreseeable handling or use. (12) A substance or mixture which is not a chemical substance or mixture in a gaseous, liquid, or solid

state, which substance or mixture does not cause a significant risk to safety or health during, or as a proximate result of, any customary or reasonably foreseeable handling or use, and which is not manufactured, produced, used, applied, or stored in the workplace is not covered. However, any substance or mixture which does satisfy these criteria may still be excluded from coverage, to wit:

(a) Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely;

(b) Substances which are toxic solely due to chronic ingestion; (c) Alcoholic beverages as defined in the Beverage Law; (d) Substances which are merely being transported through the state as part of a through-shipment in

interstate commerce; or (e) Substances or mixtures which may be toxic but which are labeled pursuant to the Federal

Insecticide, Fungicide, and Rodenticide Act, as amended; and the Federal Food, Drug and Cosmetic Act, as amended; and

(f) Any hazardous waste as defined by the Federal Resource Conservation and Recovery Act of 1976. (13) In recognition of the fact that the acute and chronic effects of exposure to certain toxic substances

may vary in direct proportion to the concentrations, quantities and states, for example, solid, liquid, or gas, of the substance to which a worker is exposed, the following additional exclusions and restrictions are to be taken into consideration as the final determination of coverage of quantities, concentrations and states of substances which satisfy the requirements of subsection (11) of this section, and which are not specifically excluded under subsection (12):

(a) Consumer products used in the workplace in such a manner that employee exposure is not significantly greater than exposures resulting from the principal consumer use of the product.

(b) Commercial products which are substantially equivalent in formulation to similar consumer

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products used for the same general purpose, when used in the workplace in such a manner that employee exposure is not significantly greater than exposures resulting from the principal consumer use of the similar consumer product.

(c) Food stuffs. (d) Fossil fuels in fuel tanks, engines, and other operating systems of vehicles where the substances are

present only in amounts and forms substantially equivalent to the amounts and forms generally available to consumers.

(e) Fossil fuels used for heating, or power generation purposes, such that employees are not exposed to fumes or combustion by-products.

(14) Every employer who manufactures, produces, uses, applies, or stores toxic substances in the workplace shall post a notice in a place where notices are normally posted, informing employees of their rights under the law. Such posters may be obtained upon request from the State Fire Marshal.

(15) List of toxic substances:

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CAS NUMBER CHEMICAL NAME N/A BUTYL ACETYL RICINOLEATE N/A CHROMIUM CARBONATE N/A COAL DUST N/A COTTON DUST, RAW N/A 2,4-DIAMYLPHENOL N/A DIBENOYL CHLORIDE N/A DIETHYL ACETOACETATE N/A ISOBUTYL HEPTYL KETONE N/A ISOPROPENYL ACETYLENE N/A MONOCHLORO-s-TRIAZINETRIONE ACID N/A MONO-(TRICHLORO)TETRA (MONOPOTASSIUM DICHLORO) PENTA-s-TRIAZINE-

TRIONE N/A tert-OCTYL MERCAPTAN N/A 2-NITRO-P-TOLUIDINE N/A PERLITE DUST N/A N-PHENYL-N-ETHYLETHANOLAMINE N/A SILICATE SOAPSTONE DUST 50-00-0 FORMALDEHYDE 50-07-7 MITOMYCIN C 50-18-0 CYCLOPHOSPHAMIDE 50-28-2 OESTRADIOL-17 BETA 50-29-3 DICHLORO DIPHENYL TRICHLOROETHANE (DDT) 50-32-8 BENZO(A)PYRENE 50-55-5 RESERPINE 50-76-0 ACTINOMYCIN D 50-78-2 ACETOL(2) 51-21-8 FLUOROURACIL 51-52-5 PROPYLTHIOURACIL 51-75-2 NITROGEN MUSTARD 51-79-6 URETHANE 51-83-2 CARBACHOL CHLORIDE 52-24-4 THIO-TEPA 53-16-7 OESTRONE 53-70-3 DIBENZ(A,H)ANTHRACENE 53-96-3 N-FLUOREN-2-YLACETAMIDE 54-11-5 NICOTINE 54-62-6 AMINOPTERIN 55-18-5 N-NITROSODIETHYLAMINE 55-38-9 FENTHION 55-63-0 NITROGLYCERIN 55-86-7 NITROGEN MUSTARD HYDROCHLORIDE 55-91-4 ISOFLUORPHATE 55-98-1 1,4-BUTANEDIOL DIMETHANESULPHONATE 56-04-2 METHYLTHIOURACIL 56-23-5 CARBON TETRACHLORIDE 56-25-7 CANTHARIDIN 56-38-2 PARATHION 56-49-5 3-METHYLCHOLANTHRENE 56-53-1 DIETHYLSTILBESTROL 56-55-3 BENZ(A)ANTHRACENE 56-57-5 4-NITROQUINOLINE-1-OXIDE 56-72-4 COUMAPHOS

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56-75-7 CHLORAMPHENICOL 57-06-7 ALLYL ISOTHIOCYANATE 57-14-7 1,1-DIMETHYLHYDRAZINE 57-24-9 STRYCHNINE 57-41-0 PHENYTOIN 57-47-6 PHYSOSTIGMINE 57-57-8 beta-PROPIOLACTONE 57-63-6 ETHINYLOESTRADIOL 57-64-7 PHYSOSTIGMINE SALICYLATE (1:1) 57-74-9 CHLORDANE 57-83-0 PROGESTERONE 57-97-6 7,12-DEMETHYLBENZ(A)ANTHRACENE 58-22-0 TESTOSTERONE 58-36-6 PHENOXARSINE, 10, 10'-OXYDI- 58-89-9 LINDANE 59-88-1 PHENYLHYDRAZINE HYDROCHLORIDE 59-89-2 N-NITROSOMORPHOLINE 59-96-1 PHENOXYBENZAMINE 60-11-7 p-DIMETHYLAMINOAZOBENZENE 60-24-2 2-MERCAPTOETHANOL 60-29-7 ETHYL ETHER 60-34-4 METHYL HYDRAZINE 60-41-3 STRYCHNINE SULFATE 60-51-5 DIMETHOATE 60-57-1 DIELDRIN 61-57-4 NIRIDAZOLE 61-82-5 AMITROLE 62-38-4 ACETOXYPHENYLMERCURY 62-44-2 P-ACETOPHENETIDIDE 62-50-0 ETHYL METHANESULFONATE 62-53-3 ANILINE 62-55-5 THIOACETAMIDE 62-56-6 THIOUREA 62-73-7 DICHLORVOS 62-74-8 SODIUM FLUOROACETATE 62-75-9 N-NITROSODIMETHYLAMINE 63-25-2 CARBARYL 63-92-3 PHENOXYBENZAMINE HYDROCHLORIDE 64-00-6 PHENOL, 3-(1-METHYLETHYL)-, METHYLCARBAMATE 64-17-5 ETHYL ALCOHOL 64-18-6 FORMIC ACID 64-19-7 ACETIC ACID 64-67-5 DIETHYL SULFATE 64-86-8 COLCHICINE 65-30-5 NICOTINE SULFATE 65-85-0 BENZOIC ACID 66-25-1 HEXANAL 66-27-3 METHYL METHANESULFONATE 66-75-1 URACIL MUSTARD 66-81-9 CYCLOHEXIMIDE 67-56-1 METHYL ALCOHOL 67-63-0 ISOPROPYL ALCOHOL 67-64-1 ACETONE 67-66-3 CHLOROFORM

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67-72-1 HEXACHLOROETHANE 68-11-1 THIOGLYCOLIC ACID 68-12-2 DIMETHYLFORMAMIDE 68-22-4 NORETHISTERONE 68-76-8 TRIS(AZIRIDINYL)-P-BENZOQUINONE 70-25-7 N-METHYL-N'-NITRO-N-NITROSOGUANIDINE 70-69-9 PROPIOPHENONE,4-AMINO- 71-23-8 PROPYL ALCOHOL 71-36-3 N-BUTYL ALCOHOL 71-41-0 AMYL ALCOHOL 71-43-2 BENZENE 71-55-6 1,1,1-TRICHLOROETHANE 71-63-6 DIGITOXIN 72-20-8 ENDRIN 72-33-3 MESTRANOL 72-43-5 METHOXYCHLOR 72-57-1 TRYPAN BLUE 74-83-9 METHYL BROMIDE 74-85-1 ETHYLENE 74-86-2 ACETYLENE 74-87-3 METHYL CHLORIDE 74-88-4 METHYL IODIDE 74-89-5 METHYLAMINE 74-90-8 HYDROGEN CYANIDE 74-93-1 METHYL MERCAPTAN 74-96-4 ETHYL BROMIDE 74-97-5 CHLOROBROMOMETHANE 74-99-7 PROPYNE 75-00-3 ETHYL CHLORIDE 75-01-4 VINYL CHLORIDE 75-02-5 VINYL FLUORIDE 75-04-7 ETHYLAMINE 75-05-8 ACETONITRILE 75-07-0 ACETALDEHYDE 75-08-1 ETHYL MERCAPTAN 75-09-2 METHYLENE CHLORIDE 75-12-7 FORMAMIDE 75-15-0 CARBON DISULFIDE 75-18-3 DIMETHYL SULFIDE 75-19-4 CYCLOPROPANE 75-20-7 CALCIUM CARBIDE 75-21-8 ETHYLENE OXIDE 75-24-1 TRIMETHYLALUMINUM 75-25-2 BROMOFORM 75-29-6 ISOPROPYL CHLORIDE 75-31-0 ISOPROPYLAMINE 75-34-3 1,1-DICHLOROETHANE 75-35-4 1,1-DICHLOROETHYLENE (VINYLIDENE CHLORIDE) 75-36-5 ACETYL CHLORIDE 75-38-7 VINYLIDENE FLUORIDE 75-43-4 DICHLOROFLUOROMETHANE 75-44-5 PHOSGENE 75-45-6 CHLORODIFLUOROMETHANE 75-47-8 IODOFORM

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75-50-3 TRIMETHYLAMINE 75-52-5 NITROMETHANE 75-54-7 METHYLDICHLOROSILANE 75-55-8 PROPYLENE IMINE 75-56-9 PROPYLENE OXIDE 75-61-6 DIFLUORODIBROMOMETHANE 75-63-8 TRIFLUOROBROMOMETHANE 75-63-9 tert-BUTYLAMINE 75-65-0 tert-BUTYL ALCOHOL 75-66-1 2-METHYL-2-PROPANETHIOL 75-66-3 DIFLUORO-1-CHLOROETHANE 75-69-4 TRICHLOROFLUOROMETHANE 75-71-8 DICHLORODIFLUOROMETHANE 75-74-1 TETRAMETHYL LEAD 75-77-4 TRIMETHYLCHLOROSILANE 75-78-5 DIMETHYLDICHLOROSILANE 75-79-6 METHYLTRICHLOROSILANE 75-83-2 2,2-DIMETHYLBUTANE 75-84-3 tert-BUTYL CARBINOL 75-85-4 2-METHYL-2-BUTANOL 75-86-5 ACETONE CYANOHYDRIN 75-91-2 TERTBUTYL HYDROPEROXIDE 75-94-5 VINYL TRICHLOROSILANE 75-99-0 2,2-DICHLOROPROPIONIC ACID 76-02-8 TRICHLOROACETYL CHLORIDE 76-03-9 TRICHLOROACETIC ACID 76-06-2 CHLOROPICRIN 76-11-9 1,1,1,2-TETRACHLORO-2,2-DIFLUOROETHANE 76-12-0 1,1,2,2-TETRACHLORO-1,2-DIFLUOROETHANE 76-13-1 1,1,2-TRICHLORO-1,2,2-TRIFLUOROETHANE 76-14-2 DICHLOROTETRAFLUOROETHANE 76-15-3 CHLOROPENTAFLUOROETHANE 76-22-2 CAMPHOR 76-44-8 HEPTACHLOR 77-47-4 HEXACHLOROCYCLOPENTADIENE 77-73-6 DICYCLOPENTADIENE 77-78-1 SULFURIC ACID, DIMETHYL ESTER 77-81-6 TABUN 78-00-2 TETRAETHYL LEAD 78-10-4 TETRAETHYL ESTER SILICIC ACID (ETHYL SILICATE) 78-30-8 TRI-O-CRESYL PHOSPHATE 78-34-2 DIOXATHION 78-53-5 AMITON 78-59-1 3,5,5-TRIMETHYL-2-CYCLOHEXEN-1-ONE (ISOPHORONE) 78-67-1 2,2'-AZOBIS(2-METHYL PROPIONITRILE) 78-71-7 OXETANE,3,3-BIS(CHLOROMETHYL)- 78-78-4 2-METHYLBUTANE (ISOPENTANE) 78-79-5 ISOPRENE 78-81-9 ISOBUTYLAMINE 78-82-0 2-METHYLPROPANENITRILE (ISOBUTYRONITRILE) 78-83-1 ISOBUTYL ALCOHOL 78-84-2 ISOBUTYRALDEHYDE 78-85-3 METHACRYLALDEHYDE (2-METHYLPROPENAL) 78-86-4 2-CHLOROBUTANE (sec-BUTYL CHLORIDE)

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78-87-5 PROPYLENE DICHLORIDE 78-89-7 2-CHLORO-1-PROPANOL 78-90-0 1,2-PROPANEDIAMINE 78-92-2 sec-BUTYL ALCOHOL 78-93-3 METHYL ETHYL KETONE (MEK) 78-94-4 3-BUTEN-2-ONE 78-95-5 CHLOROACETONE 78-96-6 1-AMINO-2-PROPANOL 78-97-7 LACTONITRILE 79-00-5 1,1,2-TRICHLOROETHANE 79-01-6 ACETYLENE TRICHLORIDE 79-03-8 PROPIONYL CHLORIDE 79-04-9 CHLOROACETYL CHLORIDE 79-06-1 ACRYLAMIDE 79-09-4 PROPIONIC ACID (SOLUTION) 79-10-7 ACRYLIC ACID 79-11-8 CHLOROACETIC ACID 79-19-6 THIOSEMICARBAZIDE 79-20-9 METHYL ESTER ACETIC ACID 79-21-0 PEROXYACETIC ACID 79-22-1 METHYL CHLOROFORMATE 79-24-3 NITROETHANE 79-27-6 1,1,2,2-TETRABROMOETHANE 79-29-8 2,3-DIMETHYLBUTANE 79-34-5 ACETYLENE TETRACHLORIDE 79-36-7 DICHLOROACETYL CHLORIDE 79-38-9 CHLOROTRIFLOUROETHYLENE 79-41-4 METHACRYLIC ACID 79-44-7 DIMETHYLCARBAMOYL CHLORIDE 79-46-9 2-NITROPROPANE 80-10-4 DICHLORODIPHENYLSILANE 80-15-9 CUMENE HYDROPEROXIDE 80-46-6 p-(tert-PHENYL) PHENOL 80-48-8 METHYL ESTER p-TOLUENE SULFONIC ACID 80-56-8 alpha-PINENE 80-62-6 METHYL METHACRYLATE 80-63-7 METHYL 2-CHLOROACRYLATE 81-07-2 SACCHARIN 81-81-2 3-(alpha-ACETONYLBENZYL)-4-HYDROXYCOUMARIN 82-28-0 1-AMINO-2-METHYLANTHRAQUINONE 82-66-6 DIPHACINONE 82-68-8 PENTACHLORONITROBENZENE 83-26-1 2-PIVALOYL-1,3-INDANDIONE (PIVAL) 83-79-4 ROTENONE (COMMERCIAL) 84-17-3 DEHYDROSTILBESTROL 84-66-2 DIETHYL PHTHALATE 84-74-2 DIBUTYL PHTHALATE 85-00-7 DIQUAT 85-44-9 PHTHALIC ANHYDRIDE 85-71-2 METHYL PHTHALYL ETHYL GLYCOLATE 86-50-0 AZINPHOS-METHYL 86-88-4 N-(1-NAPHTHYL)-2-THIOUREA (ANTU) 87-62-7 O-XYLIDINE 87-68-3 HEXACHLOROBUTADIENE

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87-86-5 PENTACHLOROPHENOL 87-90-1 TRICHLORO-S-TRIAZINETRIONE 88-05-1 ANILINE, 2,4,6-TRIMETHYL- 88-06-2 2,4,6-TRICHLOROPHENOL 88-09-5 2-ETHYLBUTYRIC ACID 88-10-8 DIETHYL CARBAMOYL CHLORIDE 88-16-4 O-CHLOROBENZOTRIFLUORIDE 88-72-2 O-NITROTOLUENE 88-73-3 1-CHLORO-2-NITROBENZENE 88-85-7 DINOSEB 88-89-1 PICRIC ACID 89-72-5 O-sec-BUTYLPHENOL 90-12-0 1-METHYLNAPHTHALENE 90-41-5 2-BIPHENYLAMINE 90-94-8 MICHLER’S KETONE 91-08-7 TOLUENE 2,6-DIISOCYANATE 91-17-8 DECAHYDRONAPHTHALENE 91-20-3 NAPHTHALENE 91-22-5 QUINOLINE 91-49-6 N-BUTYLACETANILIDE 91-59-8 2-NAPHTHYLAMINE 91-66-7 N,N-DIETHYLANILINE 91-80-5 METHAPYRILENE 91-94-1 3,3'-DICHLOROBENZIDINE 91-99-6 2-2'(m-TOLYLIMIDO) DIETHANOL 92-04-6 3-CHLORO-4-BIPHENYLOL 92-15-9 ACETOACETYL-o-ANISIDINE 92-52-4 BIPHENYL 92-53-5 4-PHENYLMORPHOLINE 92-59-1 ETHYLBENZYLANILINE 92-66-0 4-BROMODIPHENYL 92-67-1 4-AMINOBIPHENYL 92-84-2 PHENOTHIAZINE 92-87-5 BENZIDINE 92-93-3 4-NITROBIPHENYL 92-94-4 p-TERPHENYL 93-68-5 o-ACETOACETOTOLUIDIDE 93-76-5 2,4,5-TRICHLOROPHENOXY ACETIC ACID 93-90-3 2-(N-METHYLANILINO)-ETHANOL 93-96-9 BIS(alpha-METHYLBENZYL) ETHER 94-04-2 2-ETHYLHEXANOIC ACID, VINYL ESTER 94-36-0 BENZOYL PEROXIDE 94-58-6 1,2-METHYLENEDIOXY-4-PROPYL BENZENE 94-59-7 4-ALLYL-1,2-(METHYLENEDIOXY)-BENZENE 94-70-2 2-EPOXYBENZAMINE 94-75-7 2,4-DICHLOROPHENOXYACETIC ACID 94-78-0 3-(PHENOAZO)-2-6-PYRADINEDIAMINE 95-06-7 DIETHYL-2-CHLORO-2-PROPANYL ESTER CARBAMODITHIOIC ACID 95-13-6 1H-INDENE 95-46-5 1-BROMO-2-METHYL BENZENE 95-47-6 1,2-DIMETHYL BENZENE 95-48-7 2-METHYL PHENOL 95-49-8 1-CHLORO-2-METHYL BENZENE 95-50-1 1,2-DICHLOROBENZENE

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95-53-4 ortho-TOLUIDINE 95-57-8 2-CHLOROPHENOL 95-76-1 3,4-DICHLOROBENZENAMINE 95-80-7 4-METHYL-1,3-BENZENEDIAMINE 95-83-0 4-CHLORO-1,2-BENZENEDIAMINE 96-09-3 PHENYL-OXIRANE 96-10-6 DIETHYLALUMINUM CHLORIDE 96-12-8 1,2-DIBROMO-3-CHLOROPROPANE 96-14-0 3-METHYLPENTANE 96-17-3 2-METHYLBUTANAL 96-18-4 ALLYL TRICHLORIDE 96-20-8 2-AMINO-1-BUTANOL 96-22-0 DIETHYL KETONE 96-23-1 1,3-DICHLORO-2-PROPANOL 96-33-3 2-PROPANOIC ACID, METHYL ESTER 96-34-4 METHYL ESTER CHLOROACETIC ACID 96-37-7 METHYLCYCLOPENTANE 96-45-7 2-IMIDAZOLIDINETHIONE 96-47-9 2-METHYLTETRAHYDROFURAN 96-49-1 ETHYLENE CARBONATE 96-54-8 METHYLPYRROLE 96-69-5 4,4'-THIOBIS(6-tert, BUTYL-M-CRESOL) 97-00-7 1-CHLORO-2,4-DINITROBENZENE 97-02-9 2,4-DINITROANILINE 97-36-9 M-ACETOACET XYLIDIDE 97-56-3 O-AMINOAZOTOLUENE 97-62-1 ETHYL ISOBUTYRATE 97-63-2 ETHYL METHACRYLATE 97-64-3 ETHYL LACTATE 97-77-8 DISULFIRAM 97-88-1 BUTYL METHACRYLATE 97-93-8 TRIETHYLALUMINUM 97-94-9 TRIETHYLBORANE 97-96-1 2-ETHYLBUTYRALDEHYDE 97-97-2 DIMETHYL CHLORACETAL 97-99-4 TETRAHYDROFURFURYL ALCOHOL 98-00-0 FURFURYL ALCOHOL 98-01-1 FURFURAL 98-05-5 BENZENEARSONIC ACID 98-06-6 tert-BUTYLBENZENE 98-07-7 BENZOTRICHLORIDE 98-08-8 BENZOTRIFLUORIDE 98-12-4 CYCLOHEXYLTRICHLOROSILANE 98-13-5 PHENYL TRICHLOROSILANE 98-16-8 BENZENAMINE, 3-(TRIFLUOROMETHYL)- 98-27-1 P-tert-BUTYL-O-CRESOL 98-28-2 4-tert-BUTYL-2-CHLOROPHENOL 98-29-3 4-TERTBUTYL CATECHOL 98-51-1 P-tert-BUTYLTOLUENE 98-82-8 CUMENE 98-83-9 alpha-METHYL STYRENE 98-84-0 alpha-METHYLBENZYLAMINE 98-87-3 BENZAL CHLORIDE 98-88-4 BENZOYL CHLORIDE

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98-95-3 NITROBENZENE 99-08-1 M-NITROTOLUENE 99-35-4 TRINITROBENZENE 99-55-8 5-NITRO-O-TOLUIDINE 99-59-2 5-NITRO-O-ANISIDINE 99-65-0 M-DINITROBENZENE 99-87-6 P-CYMENE 99-98-9 DIMETHYL-P-PHENYLENEDIAMINE 99-99-0 P-NITROTOLUENE 100-00-5 P-NITROCHLOROBENZENE 100-01-6 P-NITROANILINE 100-02-7 P-NITROPHENOL 100-14-1 BENZENE,1-(CHLOROMETHYL)-4-NITRO- 100-20-9 TEREPHTHALOYL CHLORIDE 100-25-4 P-DINITROBENZENE 100-36-7 N,N-DIETHYLETHYLENE-DIAMINE 100-37-8 N,N-DIETHYLETHANOLAMINE 100-40-3 4-VINYL CYCLOHEXENE 100-41-4 ETHYL BENZENE 100-42-5 STYRENE 100-44-7 BENZYL CHLORIDE 100-50-5 1,2,3,6-TETRAHYDROBENZALDEHYDE 100-51-6 BENZYL ALCOHOL 100-52-7 BENZALDEHYDE 100-53-8 BENZYL MERCAPTAN 100-61-8 N-METHYL ANILINE 100-63-0 PHENYLHYDRAZINE 100-73-2 ACROLEIN DIMER 100-74-3 N-ETHYL MORPHOLINE 100-75-4 N-NITROSOPIPERIDINE 100-79-8 DIOXOLAN 100-99-2 TRIISOBUTYLALUMINUM 101-14-4 4,4'-METHYLENE BIS(2-CHLOROANILINE) 101-61-1 4,4'-METHYLENE BIS(N,N-DIMETHYL)BENZENAMINE 101-68-8 METHYLENE BISPHENYL ISOCYANATE 101-77-9 4,4-METHYLENE DIANILINE 101-80-4 4,4-OXYDIANILINE 101-83-7 DICYCLOHEXYLAMINE 101-84-8 PHENYL ETHER VAPOR 101-90-6 DIGLYCIDYL RESORCINOL ETHER 101-96-2 N,N'-DI-sec-BUTYL-P-PHENYLENEDIAMINE 102-01-2 ACETO ACETANILIDE 102-36-3 ISOCYANIC ACID, 3,4-DICHLOROPHENYL ESTER 102-54-5 DICYCLOPENTADIENYL IRON 102-56-7 2,5-DIMETHOXYANILINE 102-67-0 TRIPROPYL ALUMINUM 102-69-2 TRIPROPYLAMINE 102-71-6 TRIETHANOLAMINE 102-79-4 N-BUTYLDIETHANOLAMINE 102-81-8 2-N-DIBUTYLAMINOETHANOL 102-82-9 TRIBUTYLAMINE 102-85-2 TRIBUTYL PHOSPHITE 103-09-3 2-ETHYLHEXYL ACETATE 103-11-7 2-ETHYLHEXYL ACRYLATE

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103-44-6 VINYL-2-ETHYLHEXYL ETHER 103-65-1 PROPYLBENZENE 103-69-5 N-ETHYLANILINE 103-75-3 2-ETHOXY-3,4-DIHYDRO-2-PYRAN 103-84-4 ACETANILIDE 103-85-5 PHENYLTHIOUREA 103-89-9 p-ACETOTOLUIDIDE 104-15-4 p-TOLUENESULFONIC ACID 104-51-8 BUTYLBENZENE 104-72-3 DECYLBENZENE 104-75-6 2-ETHYLHEXYLAMINE 104-76-7 2-ETHYLHEXANOL 104-78-9 3-(D-IETHYLAMINO)PROPYLAMINE 104-88-1 P-CHLOROBENZALDEHYDE 104-89-2 2-METHYL-5-ETHYLPIPERIDINE 104-90-5 2-METHYL-5-ETHYLPYRIDINE 104-94-9 P-ANISIDINE 105-05-5 P-DIETHYL BENZENE 105-30-6 METHYL ISOBUTYL CARBINOL 105-37-3 ETHYL PROPIONATE 105-38-4 VINYL PROPIONATE 105-39-5 ETHYL CHLOROACETATE 105-45-3 METHYL ACETOACETATE 105-46-4 sec-BUTYL ACETATE 105-54-4 ETHYL BUTYRATE 105-56-6 ETHYL CYANOACETATE 105-57-7 ACETAL 105-58-8 DIETHYL CARBONATE 105-60-2 CAPROLACTAM DUST AND VAPOR 105-64-6 DIISOPROPYL PEROXYDICARBONATE 105-66-8 N-PROPYL BUTYRATE 105-74-8 DILAUROYL PEROXIDE 106-20-7 BIS(2-ETHYLHEXYL)AMINE 106-32-1 ETHYL CAPRYLATE 106-35-4 ETHYL BUTYL KETONE 106-36-5 PROPYL PROPIONATE 106-38-7 P-BROMOTOLUENE 106-42-3 P-XYLENE 106-44-5 P-CRESOL 106-46-7 P-DICHLOROBENZENE 106-48-9 P-CHLOROPHENOL 106-49-0 P-TOLUIDINE 106-50-3 P-PHENYLENE DIAMINE 106-51-4 QUINONE 106-63-3 ETHYL AMYL KETONE 106-63-8 ISOBUTYL ACRYLATE 106-71-8 2CYANOETHYL ACRYLATE 106-87-6 VINYL CYCLOHEXENE DIOXIDE 106-88-7 1,2-BUTYLENE OXIDE 106-89-8 EPICHLOROHYDRIN 106-92-3 ((2-PROPENYLOXY)METHYL)OXIRANE 106-93-4 ETHYLENE DIBROMIDE 106-94-5 N-PROPYL BROMIDE 106-95-6 ALLYL BROMIDE

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106-96-7 3-BROMOPROPYNE 106-98-9 1-BUTENE 106-99-0 1,3-BUTADIENE 107-02-8 ACROLEIN 107-05-1 ALLYL CHLORIDE 107-06-2 1,2-DICHLOROETHANE 107-07-3 ETHYLENE CHLOROHYDRIN 107-10-8 PROPYLAMINE 107-11-9 ALLYLAMINE 107-12-0 PROPIONITRILE 107-13-1 ACRYLONITRILE 107-15-3 ETHYLENEDIAMINE 107-16-4 FORMALDEHYDE CYANOHYDRIN 107-18-6 ALLYL ALCOHOL 107-19-7 PROPARGYL ALCOHOL 107-20-0 CHLOROACETALDEHYDE 107-21-1 ETHYLENE GLYCOL PARTICULATE AND VAPOR 107-25-5 VINYL METHYL ETHER 107-27-7 CHLOROETHYLMERCURY 107-30-2 CHLOROMETHYL METHYL ETHER 107-31-3 METHYL FORMATE 107-37-9 ALLYL TRICHLOROSILANE 107-39-1 2,4,4-TRIMETHYL-1-PENTENE 107-40-4 2,4,4-TRIMETHYL-2-PENTENE 107-41-5 HEXYLENE GLYCOL 107-44-8 SARIN 107-45-9 tert-OCTYLAMINE 107-49-3 TEPP 107-66-4 DIBUTYL PHOSPHATE 107-71-1 tert-BUTYL PEROXYACETATE 107-72-2 AMYL TRICHLOROSILANE 107-83-5 ISOHEXANE 107-84-6 ISOAMYL CHLORIDE 107-87-9 METHYL PROPYL KETONE 107-89-1 ACETALDOL 107-92-6 BUTYRIC ACID 107-98-2 PROPYLENE GLYCOL METHYL ETHER 108-01-0 2-(DIMETHYLAMINO) ETHANOL 108-03-2 1-NITROPROPANE 108-05-4 VINYL ACETATE 108-08-7 2,4-DIMETHYLPENTANE 108-09-8 1,3-DIMETHYLBUTYLAMINE 108-10-1 METHYL ISOBUTYL KETONE 108-16-7 N,N-DIMETHYLISOPROPANOLAMINE 108-18-9 DIISOPROPYLAMINE 108-20-3 ISOPROPYL ETHER 108-21-4 ISOPROPYL ACETATE 108-22-5 ISOPROPENYL ACETATE 108-23-6 ISOPROPYL CHLOROFORMATE 108-24-7 ACETIC ANHYDRIDE 108-31-6 MALEIC ANHYDRIDE 108-38-3 m-XYLENE 108-39-4 M-CRESOL 108-46-3 RESORCINOL

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108-57-6 DIVINYL BENZENE 108-60-1 2,2-DICHLORO ISOPROPYL ETHER 108-62-3 METALDEHYDE 108-83-8 DIISOBUTYL KETONE 108-86-1 BROMOBENZENE 108-87-2 METHYLCYCLOHEXANE 108-88-3 TOLUENE 108-89-4 4-PICOLINE 108-90-7 CHLOROBENZENE 108-91-8 CYCLOHEXYLAMINE 108-93-0 CYCLOHEXANOL 108-94-1 CYCLOHEXENONE 108-95-2 PHENOL 108-98-5 PHENYL MERCAPTAN 109-01-3 1-METHYL PIPERAZINE 109-02-4 4-METHYLMORPHOLINE 109-06-8 2-PICOLINE 109-08-0 2-METHYLPYRAZINE 109-21-7 BUTYL BUTYRATE 109-52-4 PENTANOIC ACID 109-53-5 VINYL ISOBUTYL ETHER 109-55-7 3-(DIMETHYLAMINO)-PROPYLAMINE 109-59-1 ETHYLENE GLYCOL ISOPROPYL ETHER 109-60-4 N-PROPYL ACETATE 109-61-5 PROPYL CHLOROFORMATE 109-63-7 BORON TRIFLUORIDE ETHERATE 109-65-9 BUTYL BROMIDE 109-66-0 PENTANE 109-67-1 1-PENTENE 109-69-3 BUTYL CHLORIDE 109-73-9 BUTYLAMINE 109-74-0 BUTYRONITRILE 109-76-2 1,3-PROPANEDIAMINE 109-77-3 MALONONITRILE 109-78-4 ETHYLENE CYANOHYDRIN 109-79-5 BUTYL MERCAPTAN 109-83-1 N-METHYLETHANOLAMINE 109-86-4 METHYL CELLOSOLVE 109-87-5 METHYLAL 109-89-7 DIETHYLAMINE 109-92-2 VINYL ETHYL ETHER 109-93-3 DIVINYL ETHER 109-94-4 ETHYL FORMATE 109-95-5 ETHYL NITRITE 109-97-7 PYRROLE 109-99-9 TETRAHYDROFURAN 110-00-9 FURAN 110-02-1 THIOPHENE 110-05-4 DI-tert-BUTYL PEROXIDE 110-12-3 METHYL ISOAMYL KETONE 110-19-0 ISOBUTYL ACETATE 110-22-5 DI-ACETYL PEROXIDE 110-43-0 METHYL (N-AMYL) KETONE 110-49-6 2-METHOXYETHYL ACETATE

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110-53-2 1-BROMOPENTANE 110-54-3 HEXANE 110-56-5 1,4-DICHLOROBUTANE 110-57-6 TRANS-1,4-DICHLOROBUTENE 110-58-7 AMYLAMINE 110-62-3 VALERALDEHYDE 110-66-7 AMYL MERCAPTAN 110-67-8 3-METHOXYPROPIONITRILE 110-68-9 N-METHYLBUTYLAMINE 110-69-0 BUTYRALDOXIME 110-71-4 ETHYLENE GLYCOL DIMETHYL ETHER 110-74-7 PROPYL FORMATE 110-75-8 VINYL-2-CHLOROETHYL ETHER 110-80-5 2-ETHOXYETHANOL 110-82-7 CYCLOHEXANE 110-83-8 CYCLOHEXENE 110-85-0 PIPERAZINE 110-86-1 PYRIDINE 110-87-2 DIHYDROPYRAN 110-88-3 TRIOXANE 110-89-4 PIPERIDINE 110-91-8 MORPHOLINE 110-96-3 DIISOBUTYLAMINE 110-97-4 DIISOPROPANOLAMINE 111-15-9 2-ETHOXYETHYL ACETATE 111-26-2 HEXYLAMINE 111-30-8 GLUTARALDEHYDE 111-34-2 VINYL BUTYL ETHER 111-36-4 N-BUTYL ISOCYANATE 111-40-0 DIETHYLENE TRIAMINE 111-41-1 (2-AMINOETHYL) ETHANOLAMINE 111-42-2 DIETHANOLAMINE 111-43-3 PROPYL ETHER 111-44-4 DICHLOROETHYL ETHER 111-48-8 THIODIGLYCOL 111-50-2 ADIPOYL CHLORIDE 111-64-8 CAPRYLYL CHLORIDE 111-65-9 OCTANE 111-66-0 1-OCTENE 111-68-2 HEPTYLAMINE 111-69-3 ADIPONITRILE 111-76-2 2-BUTOXY ETHANOL 111-77-3 DIETHYLENE GLYCOL METHYL ETHER 111-84-2 NONANE 111-86-4 OCTYLAMINE 111-88-6 1-OCTANETHIOL 111-91-1 BIS(2-CHLOROETHYL) FORMAL 111-92-2 DIBUTYLAMINE 112-04-9 OCTADECYL TRICHLOROSILANE 112-24-3 TRIETHYLENETETRAMINE 112-26-5 TRIGLYCOL DICHLORIDE 112-57-2 TETRAETHYLENE PENTAMINE 112-58-3 HEXYL ETHER 112-98-1 DIBUTOXY TETRAGLYCOL

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114-26-1 DDVP 115-02-6 AZASERINE 115-07-1 PROPYLENE 115-09-3 MERCURYMETHYLCHLORIDE 115-10-6 METHYL ETHER 115-11-7 2-METHYLPROPENE 115-19-5 3-METHYL BUTYNOL 115-21-9 TRICHLOROETHYLSILANE 115-26-4 DIMEFOX 115-28-6 CHLORENDIC ACID 115-29-7 ENDOSULFAN 115-76-4 2,2-DIETHYL-1,3-PROPANEDIOL 115-84-4 2-ETHYL-2-BUTYL-1,3-PROPANEDIOL 115-86-6 TRIPHENYL PHOSPHATE 115-90-2 FENSULFOTHION 116-02-9 3,3,5-TRIMETHYL-1-CYCLOHEXANOL 116-14-3 TETRAFLUOROETHYLENE 116-60-3 ALDICARB 117-79-3 2-AMINO-ANTHRAQUINONE 117-81-7 DI(2-ETHYLHEXYL) PHTHALATE 118-52-5 1,3-DICHLORO-5,5-DIMETHYL HYDANTOIN 118-74-1 HEXACHLOROBENZENE 118-96-7 TRINITROTOLUENE 119-38-0 ISOPROPYLMETHYLPYRAZOLYL DIMETHYLCARBAMATE 119-42-6 O-CYCLOHEXYLPHENOL 119-90-4 3,3'-DIMETHOXYBENZIDINE 119-93-7 3,3'-DIMETHYLBENZIDINE 120-58-1 ISOSAFROLE 120-71-8 P-CRESIDINE 120-80-9 CATECHOL (PYROCATECHOL) 120-82-1 1,2,4-TRICHLOROBENZENE 120-92-3 CYCLOPENTANONE 120-94-5 METHYLPYRROLIDINE 121-14-2 DINITROTOLUENE 121-43-7 METHYL BORATE 121-44-8 TRIETHYLAMINE 121-45-9 TRIMETHYL PHOSPHITE 121-46-0 NORBORNADIENE 121-69-7 DIMETHYLANILINE 121-73-3 M-CHLORONITROBENZENE 121-75-5 MALATHION 121-82-4 CYCLONITE 122-14-5 FENITROTHION 122-20-3 TRIISOPROPANOLAMINE 122-39-4 DIPHENYLAMINE 122-51-0 ETHYL ORTHOFORMATE 122-60-1 PHENYL GLYCIDYL ETHER (PGE) 122-66-7 HYDRAZOBENZENE 122-82-7 ACETOACET-p-PHENETIDIDE 122-98-5 N-PHENYLETHANOLAMINE 123-00-2 4-AMINOPROPYL MORPHOLINE 123-04-6 2-ETHYLHEXYL CHLORIDE 123-05-7 2-ETHYLHEXANAL 123-07-9 P-ETHYLPHENOL

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123-15-9 2-METHYLVALERALDEHYDE 123-17-1 2,6,8-TRIMETHYL-4-NONANOL 123-19-3 DIPROPYL KETONE 123-20-6 VINYL BUTYRATE 123-31-9 HYDROQUINONE 123-38-6 PROPIONALDEHYDE 123-42-2 DIACETONE ALCOHOL 123-54-6 ACETYL ACETONE 123-62-6 PROPIONIC ANHYDRIDE 123-63-7 PARALDEHYDE 123-66-0 ETHYL CAPROATE 123-72-8 N-BUTYRALDEHYDE 123-73-9 CROTONALDEHYDE 123-75-1 PYRROLIDINE 123-81-9 GLYCOL DIMERCAPTOACETATE 123-86-4 N-BUTYL ACETATE 123-91-1 1,4-DIOXANE 123-92-2 ISOAMYL ACETATE 124-13-0 CAPRYLALDEHYDE 124-16-3 1-(BUTOXYETHOXY)-2-PROPANOL 124-38-9 CARBON DIOXIDE 124-40-3 DIMETHYLAMINE 124-65-2 SODIUM CACODYLATE 124-68-5 2-AMINO-2-METHYL-1-PROPANOL 124-87-8 PICROTOXIN 126-33-0 SULFOLANE 126-39-6 2-METHYL-2-ETHYL-1,3-DIOXOLANE 126-72-7 TRIS(2,3-DIBROMOPROPYL)PHOSPHATE 126-73-8 TRIBUTYL PHOSPHATE 126-85-2 NITROGEN MUSTARD N-OXIDE 126-98-7 METHYLACRYLONITRILE 126-99-8 CHLOPOPRENE 127-00-4 1-CHLORO-2-PROPANOL 127-18-4 TETRACHLOROETHYLENE 127-19-5 DIMETHYL ACETAMIDE 128-37-0 BUTYLATED HYDROXYTOLUENE (BHT) 128-44-9 SODIUM SACCHARIN 129-06-6 WARFARIN SODIUM 129-15-7 2-METHYL-1-NITROANTHRAQUINONE 131-11-3 N,N-DIMETHYLPHTHALATE 131-17-9 DIALLYL PHTHALATE 133-06-2 CAPTAN 134-29-2 O-ANISIDINE HYDROCHLORIDE 134-32-7 1-NAPHTHYLAMINE 135-01-3 O-DIETHYL BENZENE 135-02-4 O-METHOXYBENZALDEHYDE 135-20-6 CUPFERRON 135-88-6 N-PHENYL-beta-NAPHTHYLAMINE 135-98-8 sec-BUTYLBENZENE 136-40-3 PHENAZOPYRIDINE HYDROCHLORIDE 136-78-7 CRAG HERBICIDE 136-81-2 O-AMYL PHENOL 137-05-3 METHYL 2-CYANOACRYLATE 137-26-8 THIRAM

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137-32-6 2-METHYL-1-BUTANOL 138-22-7 N-BUTYL LACTATE 139-13-9 NITRILOTRIACETIC ACID (NTA) 139-65-1 4,4'-THIODIANILINE 139-87-7 N-ETHYLDIETHANOLAMINE 139-91-3 5-(MORPHOLINOMETHYL)-3-[(5-NITROFURFURYLIDENE)AMI NO]-2-

OXAZOLIDINONE 140-29-4 BENZYL CYANIDE 140-31-8 1-(2-AMINOETHYL) PIPERAZINE 140-57-8 ARAMITE 140-76-1 PYRIDINE, 2-METHYL-5-VINYL 140-88-5 ETHYL ACRYLATE 140-89-6 POTASSIUM XANTHATE 141-32-2 BUTYL ACRYLATE 141-43-5 ETHANOLAMINE 141-57-1 PROPYLTRICHLOROSILANE 141-66-2 DICROTOPHOS 141-78-6 ETHYL ACETATE 141-79-7 MESITYL OXIDE 141-91-3 2,6-DIMETHYLMORPHOLINE 141-93-5 M-DIETHYL BENZENE 141-97-9 ETHYL ACETOACETATE 142-04-1 ANILINE HYDROCHLORIDE 142-29-0 CYCLOPENTENE 142-59-6 ETHYLENE BIS DITHIOCARBAMATE 142-62-1 CAPROIC ACID 142-64-3 PIPERAZINE DIHYDROCHLORIDE 142-68-7 PENTAMETHYLENE OXIDE 142-82-5 HEPTANE (N-HEPTANE) 142-83-6 2,4-HEXADIENAL 142-84-7 DIPROPYLAMINE 142-92-7 sec-HEXYL ACETATE 142-96-1 DIBUTYL ETHER 143-16-8 DIHEXYLAMINE 143-33-9 SODIUM CYANIDE 143-50-0 KEPONE 144-49-0 FLUOROACETIC ACID 144-62-7 OXALIC ACID 148-01-6 DINITOLMIDE 148-82-3 MELPHALAN 149-31-5 2-METHYL-1,3-PENTANEDIOL 149-74-6 DICHLOROMETHYLPHENYLSILANE 150-76-5 4-METHOXYPHENOL 151-38-2 METHOXYETHYLMERCURIC ACETATE 151-50-8 POTASSIUM CYANIDE 151-56-4 ETHYLENEIMINE 151-67-7 2-BROMO-2-CHLORO-1,1,1-TRIFLUOROETHANE 152-16-9 DIPHOSPHORAMIDE, OCTAMETHYL- 154-93-8 N,N'-BIS(2-CHLOROETHYL)-N-NITROSOUREA 156-10-5 P-NITROSODIPHENYLAMINE 156-43-4 P-PHENETIDINE 156-59-2 DICHLOROETHYLENE-CIS 156-60-5 DICHLOROETHYLENE-TRANS 156-62-7 CALCIUM CYANAMIDE

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156-87-6 3-AMINOPROPANOL 189-55-9 DIBENZO(A,I)PYRENE 189-64-0 DIBENZO(A,H)PYRENE 191-30-0 BENZO(A,L)PYRENE 192-65-4 DIBENZO(A,E)PYRENE 193-39-5 INDENO(1,2,3-CD)PYRENE 194-59-2 7H-DIEBENZO(C,G)CARBAZOLE 205-82-3 BENZO(J)FLUORANTHENE 205-99-2 BENZO(B)FLUORANTHENE 207-08-9 BENZO(K)FLUORANTHENE 218-01-9 CHRYSENE 224-42-0 DIBENZ(A,J)ACRIDINE 225-51-4 BENZ(C)ACRIDINE 226-36-8 DIBENZ(A,H)ACRIDINE 287-23-0 CYCLOBUTANE 287-92-3 CYCLOPENTANE 291-64-5 CYCLOHEPTANE 297-78-9 ISOBENZAN 297-97-2 THIONAZIN 298-00-0 METHYL PARATHION 298-02-2 PHORATE 298-04-4 DISULFOTON 299-75-2 TREOSULPHAN 299-84-3 RONNEL 299-86-5 CRUFOMATE 300-62-9 AMPHETAMINE 300-76-5 NALED 301-04-2 LEAD ACETATE 302-01-2 HYDRAZINE 302-70-5 NITROGEN MUSTARD N-OXIDE HYDROCHLORIDE 303-34-4 LASIOCARPINE 305-03-3 CHLORAMBUCIL 309-00-2 ALDRIN 314-40-9 BROMACIL 315-18-4 MEXACARBAMATE 315-22-0 MONOCROTALINE 316-42-7 EMETINE, DIHYDROCHLORIDE 319-84-6 alpha-HEXACHLOROCYCLOHEXANE 319-85-7 beta-HEXACHLOROCYCLOHEXANE 327-98-0 TRICHLORONATE 330-54-1 DIURON 333-41-5 DIAZINON 334-88-3 DIAZOMETHANE 353-36-6 ETHYL FLUORIDE 353-42-4 BORON TRIFLUORIDE COMPOUND WITH METHYL ETHER (1:1) 353-50-4 CARBONYL FLUORIDE 359-06-8 FLUOROACETYL CHLORIDE 366-70-1 PROCARBAZINE HYDROCHLORIDE 371-62-0 ETHYLENE FLUOROHYDRIN 372-09-8 CYANOACETIC ACID 373-02-4 NICKEL ACETATE 379-79-3 ERGOTAMINE TARTRATE 420-04-2 CYANAMIDE 431-03-8 2,3-BUTANEDIONE

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434-07-1 OXYMETHOLONE 443-48-1 METRONIDAZOLE 446-86-6 AZATHIOPRINE 460-19-5 CYANOGEN 462-06-6 FLUOROBENZENE 463-51-4 KETENE 463-58-1 CARBON OXYSULFIDE 463-82-1 2,2-DIMETHYLPROPANE 464-06-2 2,2,3-TRIMETHYLBUTANE 465-73-6 ISODRIN 470-90-6 CHLOROFENVINPHOS 479-45-8 TETRYL 492-80-8 AURAMINE 494-03-1 N,N-BIS(2-CHLOROETHYL)-2-NAPHTHYLAMINE 496-03-7 BUTYRALDOL 502-39-6 METHYLMERCURIC DICYANDIAMIDE 503-17-3 2-BUTYNE 504-20-1 PHORONE 504-24-5 PYRIDINE, 4-AMINO 504-29-0 2-AMINOPYRIDINE 504-60-9 1,3-PENTADIENE (Mixed cis and trans Isomers) 505-60-2 MUSTARD GAS 506-61-6 POTASSIUM SILVER CYANIDE 506-68-3 CYANOGEN BROMIDE 506-77-4 CYANOGEN CHLORIDE 506-78-5 CYANOGEN IODIDE 507-20-0 tert-BUTYL CHLORIDE 507-70-0 BORNEOL 509-14-8 TETRANITROMETHANE 510-15-6 CHLOROBENZILATE 513-35-9 2-METHYL-2-BUTENE 513-36-0 ISOBUTYL CHLORIDE 513-37-1 DIMETHYL VINYL CHLORIDE 513-42-8 METHALLYL ALCOHOL 513-53-1 2-BUTANETHIOL 514-73-8 DITHIAZANINE IODIDE 528-29-0 0-DINITROBENZENE 531-76-0 MERPHALAN 531-82-8 N-(4-(5 NITRO-2-FURYL)2-THIAZOLYL)ACETAMIDE 532-27-4 alpha-CHLOROACETOPHENONE 534-07-6 BIS(CHLOROMETHYL) KETONE 534-22-5 2-METHYL FURAN 534-52-1 DINITRO-0-CRESOL 535-89-7 CRIMIDINE 538-07-8 ETHYLBIS(2-CHLOROETHYL) AMINE 538-93-2 ISOBUTYLBENZENE 540-54-5 PROPYL CHLORIDE 540-59-0 ACETYLENE DICHLORIDE 540-67-0 METHYL ETHYL ETHER 540-73-8 1,2-DIMETHYLHYDRAZINE 540-84-1 ISOOCTANE 540-88-5 tert-BUTYL ACETATE 541-25-3 LEWISITE 541-41-3 ETHYL CHLOROFORMATE

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541-53-7 DITHIOBIURET 541-85-5 ETHYL sec-AMYL KETONE 542-18-7 CYCLOHEXYL CHLORIDE 542-55-2 ISOBUTYL FORMATE 542-58-5 2-CHLOROETHYL ACETATE 542-75-6 1,3-DICHLOROPROPENE 542-76-7 PROPIONITRITE, 3-CHLORO- 542-88-1 BIS(CHLOROMETHYL)ETHER 542-90-5 ETHYLTHIOCYANATE 542-92-7 1,3-CYCLOPENTADIENE 543-59-9 1-CHLOROPENTANE 544-10-5 1-CHLOROHEXANE 552-30-7 TRIMELLITIC ANHYDRIDE 554-12-1 METHYL PROPIONATE 555-77-1 TRIS(2-CHLOROETHYL)AMINE 555-84-0 1-(5-NITROFURFURYLIDENE)AMINO)-2-IMIDAZOLIDINONE 556-52-5 GLYCIDOL 556-61-6 METHYL ISOTHIOCYANATE 556-64-9 METHYL THIOCYANATE 557-17-5 METHYL-N-PROPYL ETHER 557-20-0 DIETHYL ZINC 557-40-4 ALLYL ETHER 557-98-2 2-CHLOROPROPYLENE 558-13-4 CARBON TETRABROMIDE 558-25-8 METHANESULFONYL FLUORIDE 560-21-4 2,3,3-TRIMETHYLPENTANE 563-12-2 ETHION 563-41-7 SEMICARBAZIDE HYDROCHLORIDE 563-43-9 ETHYLALUMINUM DICHLORIDE 563-45-1 3-METHYL-1-BUTENE 563-46-2 2-METHYL-1-BUTENE (TECHNICAL) 563-47-3 METHALLYL CHLORIDE 563-78-0 2,3-DIMETHYL-1-BUTENE 563-79-1 2,3-DIMETHYL-2-BUTENE 563-80-4 METHYL ISOPROPYL KETONE 564-02-3 2,2,3-TRIMETHYLPENTANE 565-59-3 2,3-DIMETHYLPENTANE 565-76-4 2,3,4-TRIMETHYL-1-PENTENE 569-61-9 CI BASIC RED 9 MONOHYDROCHLORIDE 583-60-8 O-METHYLCYCLOHEXANONE 584-84-9 TOLUENE-2,4-DIISOCYANATE (TDI) 584-94-1 2,3-DIMETHYLHEXANE 589-34-4 3-METHYLHEXANE 589-38-8 3-HEXANONE 589-43-5 2,4-DIMETHYLHEXANE 589-90-2 1,4-DIMETHYLCYCLOHEXANE 590-01-2 BUTYL PROPIONATE 590-18-1 2-BUTENE-cis 590-21-6 1-CHLOROPROPYLENE 590-86-3 ISOPENTALDEHYDE 590-88-5 1,3-BUTANEDIAMINE 590-96-5 METHYLAZOXYMETHANOL 591-21-9 1,3-DIMETHYL CYCLOHEXANE 591-47-9 4-METHYCYCLOHEXENE

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591-76-4 ISOHEPTANE 591-78-6 METHYL BUTYL KETONE 591-87-7 ALLYL ACETATE 591-97-9 1-CROTYL CHLORIDE 592-01-8 CALCIUM CYANIDE 592-04-1 MERCURIC CYANIDE 592-41-6 1-HEXENE 592-43-8 2-HEXENE (Mixed cis & trans Isomers) 592-45-0 1,4-HEXADIENE 592-62-1 METHYLAZOXYMETHANOL ACETATE 592-84-7 BUTYL FORMATE 592-87-0 LEAD THIOCYANATE 593-60-2 VINYL BROMIDE 594-27-4 TETRAMETHYL TIN 594-36-5 tert-AMYL CHLORIDE 594-42-3 PERCHLOROMETHYL MERCAPTAN 594-56-9 2,3,3-TRIMETHYL-1-BUTENE 594-71-8 2-CHLORO-2-NITROPROPANE 594-72-9 1,1-DICHLORO-1-NITROETHANE 595-44-8 1,1-DICHLORO-1-NITROPROPANE 595-90-4 TETRAPHENYLTIN 597-64-8 TETRAETHYLTIN 598-75-4 3-METHYL-2-BUTANOL 598-92-5 1-CHLORO-1-NITROETHANE 598-96-9 3,4,4-TRIMETHYL-2-PENTENE 600-25-9 1-CHLORO-1-NITROPROPANE 602-87-9 NITROACENAPHTHENE 603-34-9 TRIPHENYL AMINE 608-73-1 BENZEN HEXACHLORIDE (BHC) 609-26-7 2-METHYL-3-ETHYLPENTANE 613-29-6 N,N-DIBUTYLANILINE 613-35-4 N,N'-DIACETYLBENZIDINE 614-45-9 tert-BUTYL PERBENZOATE 614-78-8 THIOUREA, (2-METHYL-PHENYL)- 615-53-2 N-NITROSO-N-METHYLURETHANE 616-21-7 1,2-DICHLOROBUTANE 616-29-5 1,3-DIAMINO-2-PROPANOL 616-38-6 METHYL CARBONATE 616-45-5 2-PYRROLIDINONE 617-51-6 ISOPROPYL LACTATE 617-89-0 FURFURYLAMINE 621-64-7 N-NITROSODI-N-PROPYLAMINE 621-77-2 TRIPENTYLAMINE 622-08-2 ETHYLENE GLYCOL MONOBENZYL ETHER 622-40-2 4-(2-HYDROXYETHYL) MORPHOLINE 623-42-7 METHYL BUTYRATE 623-70-1 ETHYL CROTONATE 624-29-3 1,4-DIMETHYLCYCLOHEXANE-cis 624-64-6 2-BUTENE-(E) 624-83-9 METHYL ISOCYANATE 625-27-4 2-METHYL-2-PENTENE 625-30-9 sec-AMYLAMINE 625-55-8 ISOPROPYL FORMATE 625-58-1 ETHYL NITRATE

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625-86-5 2,5-DIMETHYLFURAN 626-17-5 M-PHTHALODINITRILE 626-23-3 DI-sec-BUTYLAMINE 626-38-0 sec-AMYL ACETATE 627-11-2 CHLOROETHYL CHLOROFORMATE 627-13-4 N-PROPYL NITRATE 627-19-0 1-PENTYNE 627-20-3 beta-AMYLENE-cis 627-53-2 DIETHYL SELENIDE 628-32-0 ETHYL PROPYL ETHER 628-37-5 DIETHYL PEROXIDE 628-63-7 N-AMYL ACETATE 628-76-2 1,5-DICHLOROPENTANE 628-81-9 ETHYL BUTYL ETHER 628-96-6 ETHYLENE GLYCOL DINITRATE 629-14-1 ETHYLENE GLYCOL DIETHYL ETHER 630-08-0 CARBON MONOXIDE 630-60-4 QUABAIN 636-21-5 ortho-TOLUIDINE HYDROCHLORIDE 638-17-5 THIALDINE 638-21-1 PHENYLPHOSPHINE 638-49-3 AMYL FORMATE 638-56-2 BIS (2-(2-CHLOROETHOXY)ETHYL) ETHER 639-58-7 TRIPHENYLTIN CHLORIDE 640-19-7 FLUOROACETAMIDE 643-28-7 N-ISOPROPYLANILINE 643-58-3 2-METHYLBIPHENYL 644-64-4 DIMETILAN 645-62-5 2-ETHYL-3-PROPYLACROLEIN 646-04-8 2-PENTANE(E) 671-16-9 PROCARBAZINE 674-82-8 DIKETEN 675-14-9 CYANURIC FLUORIDE 676-97-1 METHYL PHOSPHONIC DICHLORIDE 680-31-9 HEXAMETHYL PHOSPHORAMIDE 681-84-5 METHYL SILICATE 684-16-2 HEXAFLUOROACETONE 684-93-5 N-NITROSO-N-METHYLUREA 688-74-4 TRI-N-BUTYL BORATE 689-97-4 VINYL ACETYLENE 691-37-2 4-METHYL-1-PENTENE 696-28-6 PHENYL DICHLOROARSINE 702-03-4 N-(2-CYANOETHYL)CYCLOHEXYLAMINE 712-68-5 2-AMINO-5(5-NITRO-2-FURYL)-1,3,4-THIADIAZOLE 732-11-6 PHOSMET 759-73-9 N-NITROSO-N-ETHYLUREA 760-21-4 2-ETHYL-1-BUTENE 760-93-0 METHACRYLIC ANHYDRIDE 763-29-1 2-METHYL-1-PENTENE 764-35-2 METHYL PROPYL ACETYLENE 765-34-4 GLYCIDALDEHYDE 772-54-3 N-BENZYLDIETHYLAMINE 777-37-7 2-CHLORO-5-NITROBENZOTRIFLUORIDE 786-19-6 CARBOPHENOTHION

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794-93-4 PANFURAN S 814-49-3 DIETHYL CHLOROPHOSPHATE 814-68-6 ACRYLYL CHLORIDE 814-78-8 METHYL ISOPROPENYL KETONE 818-61-1 ETHYLENE GLYCOL MONOACRYLATE 821-08-9 DIVINYL ACETYLENE 822-06-0 HEXAMETHYLENE DIISOCYANATE (HDI) 824-11-3 TRIMETHYLOLPROPANE PHOSPHITE 827-52-1 CYCLOHEXYLBENZENE 838-88-0 4,4'-METHYLENE BIS(2-METHYLANILINE) 869-29-4 ALLYLIDENE DIACETATE 871-27-2 DIETHYLALUMINUM HYDRIDE 872-10-6 DIAMYL SULFIDE 872-50-4 1-METHYL-2-PYRROLIDONE 900-95-8 STANNANE, ACETOXYTRIPHENYL- 919-86-8 DEMETON-S-METHYL 920-46-7 METHACRYLOYL CHLORIDE 924-16-3 N-NITROSODI-N-BUTYLAMINE 926-56-7 4-METHYL-1,3-PENTADIENE 926-57-8 1,3-DICHLOROBUTENE-2 926-65-8 VINYL ISOPROPYL ETHER 927-07-1 tert-BUTYL PEROXYPIVALATE 927-80-0 ETHOXYACETYLENE 928-45-0 BUTYL NITRATE 928-55-2 PROPENYL ETHYL ETHER 930-22-3 BUTADIENE MONOXIDE 930-55-2 N-NITROSOPYRROLIDINE 944-22-9 FONOFOS 947-02-4 PHOSFOLAN 950-10-7 MEPHOSFOLAN 950-37-8 METHIDATHION 991-42-4 NORBORMIDE 998-30-1 TRIETHOXYSILANE 999-61-1 2-HYDROXYPROPYL ACRYLATE 999-81-5 CHLORMEQUAT CHLORIDE 1002-16-0 AMYL NITRATE 1031-47-6 TRIAMIPHOS 1066-30-4 CHROMIUM ACETATE 1066-45-1 TRIMETHYLTIN CHLORIDE 1067-20-5 3,3-DIETHYLPENTANE 1068-87-7 2,4-DIMETHYL-3-ETHYL PENTANE 1103-86-9 ZINC POTASSIUM CHROMATE 1116-54-7 N-NITROSODIETHANOLAMINE 1116-70-7 TRIBUTYLALUMINUM 1118-58-7 2-METHYL-1,3-PENTADIENE 1119-49-9 N-BUTYL ACETAMIDE 1120-23-6 2, beta-BUTOXYETHOXYETHYL CHLORIDE 1120-71-4 1,3-PROPANE SULTONE 1122-60-7 NITROCYCLOHEXANE 1124-33-0 PYRIDINE, 4-NITRO-, 1-OXIDE 1126-78-9 N-BUTYLANILINE 1129-41-5 METOLCARB 1186-53-4 2,2,3,4-TETRAMETHYL PENTANE 1189-85-1 tert-BUTYL CHROMATE

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1191-15-7 DIISOBUTYLALUMINUM HYDRIDE 1195-42-2 ISOPROPYL CYCLOHEXYLAMINE 1271-28-9 NICKELOCENE 1300-73-8 XYLIDENE 1302-52-9 BERYL ORE 1303-28-2 ARSENIC PENTOXIDE 1303-33-9 ARSENIC TRISULFIDE 1303-86-2 BORON OXIDE 1303-96-4 BORATE, TETRADECAHYDRATE 1304-29-6 BARIUM PEROXIDE 1304-56-9 BERYLLIUM OXIDE 1304-82-1 BISMUTH TELLURIDE 1305-62-0 CALCIUM HYDROXIDE 1305-78-8 CALCIUM OXIDE 1306-19-0 CADMIUM OXIDE 1306-23-6 CADMIUM SULPHIDE 1308-38-9 CHROMIC OXIDE 1309-37-1 IRON OXIDE FUME 1309-48-4 MAGNESIUM OXIDE FUME 1309-64-4 ANTIMONY TRIOXIDE 1310-58-3 POTASSIUM HYDROXIDE 1310-73-2 SODIUM HYDROXIDE 1312-73-8 POTASSIUM SULFIDE 1313-60-6 SODIUM PEROXIDE 1313-99-1 NICKEL OXIDE 1314-13-2 ZINC OXIDE FUME 1314-18-7 STRONTIUM PEROXIDE 1314-20-1 THORIUM DIOXIDE 1314-62-1 VANADIUM PENTOXIDE, DUST AND FUME 1314-80-3 PHOSPHORUS PENTASULFIDE 1314-84-7 ZINC PHOSPHIDE 1314-85-8 PHOSPHORUS SESQUISULFIDE 1315-04-4 ANTIMONY PENTASULFIDE 1317-35-7 MANGANESE OXIDE 1317-95-9 TRIPOLI DUST 1319-77-3 CRESOL 1320-01-0 AMYL TOLUENE 1320-21-4 PENTYL XYLYL ETHER 1321-60-4 TRIMETHYCYCLOHEXANOL 1321-64-8 PENTACHLORONAPHTHALENE 1321-65-9 TRICHLORONAPHTHALENE 1327-53-3 ARSENOUS OXIDE 1330-20-7 XYLENE 1330-43-4 BORATE, TETRA-ANHYDROUS 1331-11-9 3-ETHOXYPROPIONIC ACID 1331-28-8 CHLOROSTYRENE 1331-43-7 DIETHYLCYCLOHEXANE 1332-21-4 ASBESTOS DUST 1333-13-7 tert-BUTYL-M-CRESOL 1333-74-0 HYDROGEN 1333-82-0 CHROMIUM(VI) OXIDE (1:3) 1335-32-6 LEAD SUBACETATE 1335-87-1 HEXACHLORONAPHTHALENE 1335-88-2 TETRACHLORONAPHTHALENE

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1336-36-3 POLYCHLORINATED BIPHENYLS 1338-23-4 METHYL ETHYL KETONE PEROXIDE 1341-24-8 CHLOROACETOPHENONE 1344-95-2 CALCIUM SILICATE 1397-94-0 ANTIMYCIN A 1420-04-8 CLONITRALID 1420-07-1 DINOTERB 1464-53-5 DIEPOXYBUTANE 1467-79-4 DIMETHYCYANAMIDE 1477-55-0 M-XYLENE-ALPHA,ALPHA'-DIAMINE 1552-12-1 1,5-CYCLOOCTADIENE 1558-25-4 TRICHLORO(CHLOROMETHYL)SILANE 1563-66-2 CARBOFURAN 1600-27-7 MERCURIC ACETATE 1609-19-4 CHLORODIETHYLSILANE 1615-80-1 1,2-DIETHYLHYDRAZINE 1622-32-8 ETHANESULFONYL CHLORIDE, 2-CHLORO- 1640-89-7 ETHYL CYCLOPENTANE 1642-54-2 DIETHYLCARBAMAZINE CITRATE 1653-19-6 2,3-DICHLOROBUTADIENE-1,3 1663-35-0 VINYL-2-METHOXYETHYL ETHER 1678-91-7 ETHYL CYCLOHEXANE 1694-09-3 BENZYL VIOLET 3B 1696-20-4 4-ACETYL MORPHOLINE 1746-01-6 2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN 1752-30-3 ACETONE THIOSEMICARBAZIDE 1789-58-8 ETHYL DICHLOROSILANE 1809-19-4 DIBUTYL PHOSPHITE 1836-75-5 NITROFEN 1910-42-5 PARAQUAT DICHLORIDE 1912-24-9 ATRAZINE 1918-02-1 PICLORAM 1929-82-4 NITRAPYRIN 1937-37-7 DIRECT BLACK 38 1982-47-4 CHLOROXURON 2001-95-8 VALINOMYCIN 2016-57-1 DECYLAMINE 2032-65-7 METHIOCARB 2036-15-9 DIPROPYLALUMINUM HYDRIDE 2038-03-1 4-(2-AMINOETHYL)-MORPHOLINE 2049-92-5 P-tert-AMYLANILINE 2050-92-6 DIAMYLAMINE 2074-50-2 PARAQUAT METHOSULFATE 2084-18-6 3-METHYL-2-BUTANETHIOL 2097-19-0 PHENYLSILATRANE 2100-42-7 2,5-DIMETHOXYCHLOROBENZENE 2104-64-5 EPN 2109-64-0 DIBUTYLISOPROPANOLAMINE 2156-96-9 DECYL ACRYLATE 2160-93-2 tert-BUTYLDIETHANOLAMINE 2179-59-1 ALLYL PROPYL DISULFIDE 2207-04-7 1,4-DIMETHYLCYCLOHEXANE-TRANS 2216-33-3 3-METHYLOCTANE 2216-34-4 4-METHYLOCTANE

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2223-93-0 CADMIUM STEARATE 2231-57-4 THIOCARBAZIDE 2234-13-1 OCTACHLORONAPHTHALENE 2238-07-5 DIGLYCIDYL ETHER 2244-21-4 POTASSIUM DICHLORO-S-TRIAZINETRIONE 2275-18-5 PROTHOATE 2303-16-4 DIALLATE 2385-85-8 MIREX 2425-06-1 CAPTAFOL 2426-08-6 N-BUTYL GLYCIDYL ETHER (BGE) 2426-54-2 2-(DIETHYLAMINO) ETHYL ACRYLATE 2449-49-2 alpha-METHYLBENZYL DIMETHYLAMINE 2454-37-7 (M-AMINOPHENYL) METHYL CARBINOL 2497-07-6 OXYDISULFOTON 2524-03-0 DIMETHYL PHOSPHOROCHLORIDOTHIOATE 2528-36-1 DIBUTYL PHENYL PHOSPHATE 2540-82-1 FORMOTHION 2551-62-4 SULFUR HEXAFLUORIDE 2570-26-5 PENTADECYLAMINE 2587-90-8 PHOSPHOROTHIOIC ACID, 0,0-DIMETHYL-S-(2-METHYLTHIO)ETHYL ESTER 2602-46-2 DIRECT BLUE 6 2631-37-0 PROMECARB 2636-26-2 CYANOPHOS 2642-71-9 AZINPHOS-ETHYL 2646-17-5 1-(o-TOLYLAZO)-2-NAPHTHOL 2665-30-7 PHOSPHONOTHIOIC ACID, METHYL-,O-(NITROPHENYL)O-PHENYL ESTER 2698-41-1 O-CHLOROBENZYLIDENE MALONONITRILE (OCBM) 2699-79-8 SULFURYL FLUORIDE 2703-13-1 PHOSPHONOTHIOIC ACID, METHYL-,O-ETHYL-O(4-

(METHYLTHIO)PHENYL)ESTER 2757-18-8 THALLOUS MALONATE 2763-96-4 MUSCIMOL 2778-04-3 ENDOTHION 2782-57-2 DICHLORO-S-TRIAZINETRIONE 2806-85-1 3-ETHOXYPROPIONALDEHYDE 2842-38-8 N-(2-HYDROXYETHYL) CYCLOHEXYLAMINE 2867-47-2 2-(DIMETHYLAMINO) ETHYL METHACRYLATE 2893-78-9 SODIUM DICHLORO ISOCYANURATE 2921-88-2 CHLORPYRIFOS 2935-44-6 2,5-HEXANDEDIOL 2937-50-0 ALLYL CHLOROCARBONATE 2971-90-6 CLOPIDOL 3037-72-7 SILANE,(4-AMINOBUTYL)DIETHOXYMETHYL- 3068-88-0 BETABUTYROLACTONE 3074-75-7 2-METHYL-4-ETHYLHEXANE 3074-77-9 3-METHYL-4-ETHYLHEXANE 3081-14-9 N,N'-BIS-(1,4-DIMETHYL-PENTYL)-P-HENYLENEDIAMINE 3221-61-2 2-METHYLOCTANE 3251-23-8 CUPRIC NITRATE 3254-63-5 PHOSPHORIC ACID, DIMETHYL 4-(METHYLTHIO) PHENYL ESTER 3312-60-5 N-(3-AMINOPROPYL) CYCLOHEXYLAMINE 3333-52-6 TETRAMETHYL SUCCINONITRILE 3333-67-3 NICKEL CARBONATE 3383-96-8 TEMEPHOS

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3452-97-9 3,5,5-TRIMETHYLHEXANOL 3522-94-9 2,2,5-TRIMETHYLHEXANE 3564-09-8 PONCEAU 3R 3569-57-1 SULFOXIDE, 3-CHLOROPROPYL OCTYL 3570-75-0 2-(2-FORMYLHYDRAZINO)-4-(5-NITRO-2-FURYL)THIAZOLE 3615-21-2 BENZIMIDAZOLE,4,5-DICHLORO-2-(TRIFLUOROMETHYL)- 3689-24-5 SULFOTEPP 3691-35-8 CHLOROPHACINONE 3697-24-3 5-METHYLCHRYSENE 3724-65-0 CROTONIC ACID 3734-97-2 AMITON OXALATE 3761-53-3 PONCEAU MX 3771-19-5 NAFENOPIN 3775-90-4 tert-BUTYLAMINOETHYL METHACRYLATE 3811-04-9 POTASSIUM CHLORATE 3825-26-1 AMMONIUM PERFLUORO-OCTANOATE 3878-19-1 FUBERIDAZOLE 3917-15-5 VINYL ALLYL ETHER 3953-10-4 2-ETHYLBUTYL ACRYLATE 4016-14-2 ISOPROPYL GLYCIDYL ETHER (IGE) 4032-86-4 3,3-DIMETHYLHEPTANE 4044-65-9 BITOSCANATE 4098-71-9 ISOPHORONE DIISOCYANATE 4104-14-7 PHOSACETIM 4170-30-3 CROTONALDEHYDE 4301-50-2 FLUENETIL 4342-03-4 DACARBAZINE 4418-66-0 PHENOL,2,2'THIOBIS(4-CHLORO-6-METHYL)- 4439-24-1 ETHYLENE GLYCOL MONOISOBUTYL ETHER 4461-41-0 2-CHLOROBUTENE-2 4461-48-7 4-METHYL-2-PENTENE 4549-40-0 N-NITROSOMETHYLVINYLAMINE 4784-77-4 1-CROTYL BROMIDE 4806-61-5 ETHYL CYCLOBUTANE 4835-11-4 HEXAMETHYLENEDIAMINE,N,N'DIBUTYL- 5124-30-1 METHYLENE BIS(4-CYCLOHEXYLISOCYANATE) 5309-52-4 2-ETHYL-3-PROPYLACRYLIC ACID 5332-73-0 3-METHOXYPROPYLAMINE 5344-82-1 THIOUREA, (2-CHLOROPHENYL) 5408-74-2 2-VINYL-5-ETHYLPYRIDINE 5419-55-6 TRIISOPROPYL BORATE 5432-61-1 N-2-(ETHYLHEXYL)-CYCLOHEXYLAMINE 5459-93-8 N-ETHYLCYCLOHEXYLAMINE 5714-22-7 SULFUR PENTAFLUORIDE 5836-29-3 COUMATETRALYL 5894-60-0 HEXADECYLTRICHLOROSILANE 6032-29-7 2-PENTANOLE 6117-91-5 CROTONYL ALCOHOL 6358-53-8 CITRUS RED NO. 2 6423-43-4 PROPYLENE GLYCOL DINITRATE 6484-52-2 AMMONIUM NITRATE 6533-73-9 THALLOUS CARBONATE 6607-45-0 alpha,beta-DICHLOROSTYRENE 6806-86-6 CHLOROMETHYL

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6923-22-4 MONOCROTOPHOS 7154-79-2 2,2,3,3-TETRAMETHYL PENTANE 7415-31-8 1,3-DICHLORO-2-BUTENE 7429-90-5 ALUMINUM, METAL AND OXIDE AND WELDING FUMES 7439-92-1 LEAD, INORGANIC, DUST AND FUMES 7439-93-2 LITHIUM 7439-95-4 MAGNESIUM 7439-96-5 MANGANESE 7439-97-6 MERCURY 7439-98-7 MOLYBDENUM 7440-01-9 NEON 7440-02-0 NICKEL 7440-06-4 PLATINUM 7440-09-7 POTASSIUM 7440-16-6 RHODIUM, METAL FUME AND DUSTS 7440-22-4 SILVER 7440-23-5 SODIUM 7440-25-7 TANTALUM 7440-28-0 THALLIUM 7440-31-5 TIN 7440-33-7 TUNGSTEN 7440-36-0 ANTIMONY 7440-37-1 ARGON 7440-38-2 ARSENIC 7440-39-3 BARIUM 7440-41-7 BERYLLIUM 7440-43-9 CADMIUM 7440-47-3 CHROMIUM 7440-48-4 COBALT METAL, DUST, AND FUME 7440-50-8 COPPER FUME, DUST, AND MIST 7440-58-6 HAFNIUM 7440-59-7 HELIUM 7440-61-1 URANIUM (NATURAL) 7440-65-5 YTTRIUM 7440-66-6 ZINC 7440-67-7 ZIRCONIUM 7440-70-2 CALCIUM 7440-74-6 INDIUM 7446-09-5 SULFUR DIOXIDE 7446-27-7 LEAD PHOSPHATE 7446-34-6 SELENIUM SULFIDE 7446-70-0 ALUMINUM CHLORIDE 7487-94-7 MECURIC CHLORIDE 7521-80-4 BUTYL TRICHLOROSILANE 7550-45-0 TITANIUM CHLORIDE 7553-56-2 IODINE 7572-29-4 DICHLOROACETYLENE 7580-67-8 LITHIUM HYDRIDE 7581-97-7 2,3-DICHLOROBUTANE 7601-89-0 SODIUM PERCHLORATE 7601-90-3 PERCHLORIC ACID 7616-94-6 PERCHLORYL FLUORIDE 7631-86-9 AMORPHOUS SILICA 7631-89-2 SODIUM ARSENATE

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7631-90-5 SODIUM BISULFITE 7631-99-4 SODIUM NITRATE 7632-51-1 VANADIUM TETRACHLORIDE 7637-07-2 BORON TRIFLUORIDE 7646-69-7 SODIUM HYDRIDE 7646-78-8 STANNIC CHLORIDE 7646-85-7 ZINC CHLORIDE FUME 7647-01-0 HYDROGEN CHLORIDE 7647-18-9 ANTIMONY PENTACHLORIDE 7664-38-2 PHOSPHORIC ACID 7664-39-3 HYDROGEN FLUORIDE 7664-41-7 AMMONIA 7664-93-9 SULFURIC ACID 7681-49-4 SODIUM FLUORIDE 7681-57-4 SODIUM METABISULFITE 7688-21-3 2-HEXENE-CIS 7697-37-2 NITRIC ACID 7704-34-9 SULFUR 7718-54-9 NICKEL CHLORIDE 7719-09-7 THIONYL CHLORIDE 7719-12-2 PHOSPHORUS TRICHLORIDE 7722-64-7 POTASSIUM PERMANGANATE 7722-84-1 HYDROGEN PEROXIDE 7722-88-5 TETRASODIUM PYROPHOSPHATE 7723-14-0 PHOSPHORUS(YELLOW) 7726-95-6 BROMINE 7727-21-1 POTASSIUM PERSULFATE 7727-37-9 NITROGEN(LIQUEFIED) 7738-94-5 CHROMIC ACID 7757-79-1 POTASSIUM NITRATE 7758-01-2 POTASSIUM BROMATE 7758-19-2 SODIUM CHLORITE 7761-88-8 SILVER NITRATE 7773-06-0 AMMONIUM SULFAMATE (AMMATE) 7775-09-9 SODIUM CHLORATE 7775-11-3 SODIUM CHROMATE 7775-14-6 SODIUM HYDROSULFITE 7778-43-0 ARSENIC ACID, DISODIUM SALT 7778-44-1 CALCIUM ARSENATE 7778-50-9 POTASSIUM DICHROMATE 7778-54-3 CALCIUM HYPOCHLORITE 7778-74-7 POTASSIUM PERCHLORATE 7782-39-0 DEUTERIUM 7782-41-4 FLUORINE 7782-42-5 GRAPHITE (NATURAL) DUST 7782-44-7 OXYGEN(LIQUID) 7782-49-2 SELENIUM 7782-50-5 CHLORINE 7782-65-2 GERMANIUM TETRAHYDRIDE 7783-00-8 SELENIOUS ACID 7783-06-4 HYDROGEN SULFIDE 7783-07-5 HYDROGEN SELENIDE 7783-20-2 AMMONIUM SULFATE 7783-41-7 OXYGEN DIFLUORIDE

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7783-54-2 NITROGEN TRIFLUORIDE 7783-60-0 SULFUR TETRAFLUORIDE 7783-70-2 ANTIMONY PENTAFLUORIDE 7783-79-1 SELENIUM HEXAFLUORIDE 7783-80-4 TELLURIUM HEXAFLUORIDE 7784-34-1 ARSENIC CHLORIDE 7784-41-0 POTASSIUM ARSENATE 7784-42-1 ARSINE 7784-46-5 SODIUM ARSENITE 7786-34-7 MEVINPHOS 7786-81-4 NICKEL SULFATE 7787-47-5 BERYLLIUM CHLORIDE 7787-49-7 BERYLLIUM FLUORIDE 7787-71-5 BROMINE TRIFLUORIDE 7789-00-6 POTASSIUM CHROMATE 7789-00-6 CHROMIC ACID, DIPOTASSIUM SALT 7789-04-0 CHROMIUM PHOSPHATE 7789-06-2 STRONTIUM CHROMATE 7789-09-5 AMMONIUM DICHROMATE 7789-30-2 BROMINE PENTAFLUORIDE 7790-91-2 CHLORINE TRIFLUORIDE 7790-94-5 CHLOROSULFURIC ACID 7790-98-9 AMMONIUM PERCHLORATE 7791-12-0 THALLOUS CHLORIDE 7791-21-1 CHLORINE MONOXIDE 7791-23-3 SELENIUM OXYCHLORIDE 7791-25-5 SULFURYL CHLORIDE 7803-49-8 HYDROXYLAMINE 7803-51-2 PHOSPHINE 7803-52-3 STIBINE 7803-62-5 SILICON TETRAHYDRIDE 8001-35-2 TOXAPHENE 8001-58-9 CREOSOTE 8001-86-3 ISANO OIL 8002-05-9 PETROLEUM 8002-74-2 PARAFFIN WAX FUME 8003-34-7 PYRETHRUM 8004-13-5 PHENYL ETHER-BIPHENYL MIXTURE VAPOR 8006-20-0 GAS,PRODUCER 8006-61-9 GASOLINE 8006-64-2 TURPENTINE 8007-45-2 COAL TAR 8008-20-6 KEROSINE 8008-51-3 CAMPHOR OIL (LIGHT) 8022-00-2 METHYL DEMETON 8030-30-6 BENZIN 8038-30-6 RUBBER SOLVENT (NAPHTHA) 8052-41-3 STODDARD SOLVENT 8052-42-4 ASPHALT FUMES 8065-48-3 DEMETON 9004-66-4 IRON DEXTRAN 9004-70-0 COLLODION 9014-01-1 SUBTILISINS (PROTEOLYTIC ENZYMES) 10022-31-8 BARIUM NITRATE

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10024-97-2 NITROUS OXIDE 10025-67-9 SULFUR MONOCHLORIDE 10025-73-7 CHROMIC CHLORIDE 10025-78-2 TRICHLOROSILANE 10025-87-3 PHOSPHORUS OXYCHLORIDE 10026-11-6 ZIRCONIUM TETRACHLORIDE 10026-13-8 PHOSPHORUS PENTACHLORIDE 10028-15-6 OZONE 10031-59-1 THALLIUM SULFATE 10034-81-8 MAGNESIUM PERCHLORATE 10034-85-2 HYDRIODIC ACID 10034-93-2 HYDRAZINE SULFATE 10035-10-6 HYDROGEN BROMIDE 10042-76-9 STRONTIUM NITRATE 10048-13-2 STERIGMATOCYSTIN 10049-04-4 CHLORINE DIOXIDE 10061-01-5 CIS-1,3-DICHLOROPROPENE 10061-02-6 TRANS-1,3-DICHLOROPROPENE 10099-74-8 LEAD NITRATE 10102-06-4 URANYL NITRATE 10102-18-8 SODIUM SELENITE 10102-20-2 SODIUM TELLURITE 10102-43-9 NITRIC OXIDE 10102-44-0 NITROGEN DIOXIDE 10102-48-4 LEAD ARSENATE 10108-56-2 N-BUTYLCYCLOHEXYLAMINE 10108-64-2 CADMIUM CHLORIDE 10124-36-4 CADMIUM SULPHATE 10124-50-2 POTASSIUM ARSENITE 10137-74-3 CALCIUM CHLORATE 10137-80-1 N-2-(ETHYLHEXYL) ANILINE 10138-74-6 N-(2-HYDROXYETHYL) PROPYLENE DIAMINE 10140-87-1 ETHANOL, 1,2-DICHLORO-, ACETATE 10141-05-6 COBALTOUS NITRATE 10210-68-1 COBALT CARBONYL 10213-74-8 3-(2-ETHYLBUTOXY) PROPIONIC ACID 10265-92-6 METHAMIDOPHOS 10294-33-4 BORON TRIBROMIDE 10294-34-5 BORON TRICHLORIDE 10294-40-3 BARIUM CHROMATE 10311-84-9 DIALIFOR 10361-95-2 ZINC CHLORATE 10377-60-3 MAGNESIUM NITRATE 10476-95-6 METHACROLEIN DIACETATE 10544-72-6 NITROGEN TETROXIDE 10544-73-7 NITROGEN TRIOXIDE 10588-01-9 CHROMIC ACID, DISODIUM SALT 10595-95-6 N-NITROSOMETHYLETHYLAMINE 11114-92-4 COBALT ALLOY, Co,Cr 11135-81-2 SODIUM POTASSIUM ALLOYS 12001-26-2 MICA DUST 12001-28-4 CROCIDOLITE DUST 12001-29-5 CHRYSOTILE DUST 12002-03-8 PARIS GREEN

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12035-72-2 NICKEL SUBSULPHIDE 12054-48-7 NICKEL HYDROXIDE 12075-68-2 ETHYLALUMINUM SESQUICHLORIDE 12079-65-1 MANGANESE CYCLOPENTADIENYL TRICARBONYL 12108-13-3 METHYLCYCLOPENTADIENYL MANGANESE TRICARBONYL 12124-97-9 AMMONIA BROMIDE 12125-01-8 AMMONIA FLUORIDE 12125-02-9 AMMONIA CHLORIDE 12179-04-3 BORATE, TETRAPENTAHYDRATE 12263-85-3 METHYLALUMINUM SESQUIBROMIDE 12542-85-7 METHYLALUMINUM SESQUICHLORIDE 12604-58-9 FERROVANADIUM DUST 12770-50-2 BERYLLIUM-ALUMINUM ALLOY 13010-47-4 1-(2-CHLOROETHYL)-3-CYCLOHEXYL-1-NITROSOUREA 13057-78-8 CHLOROISOCYANURIC ACID 13071-79-9 TERBUFOS 13106-47-3 BERYLLIUM CARBONATE 13121-70-5 CYHEXATIN 13138-45-9 NICKEL NITRATE 13171-21-6 PHOSPHAMIDON 13194-48-4 ETHOPROPHOS 13195-76-1 TRIISOBUTYL BORATE 13256-22-9 N-NITROSOSARCOSINE 13327-32-7 BERYLLIUM HYDROXIDE 13360-63-9 ETHYLBUTYLAMINE 13410-01-1 SODIUM SELENATE 13423-61-5 MAGNESIUM DICHROMATE 13446-10-1 AMMONIUM PERMANGANATE 13450-90-3 GALLIUM TRICHLORIDE 13463-39-3 NICKEL CARBONYL 13463-40-6 IRON PENTACARBONYL 13477-00-4 BARIUM CHLORATE 13494-80-9 TELLURIUM 13510-49-1 BERYLLIUM PHOSPHATE 13765-19-0 CALCIUM CHROMATE 13823-29-5 THORIUM NITRATE 13838-16-9 2-CHLORO-1,1,2-TRIFLUOROETHYL DIFLUOROMETHYL ETHER 13843-81-7 LITHIUM DICHROMATE 13889-92-4 PROPYL CHLOROTHIOFORMATE 13952-84-6 SEC-BUTYLAMINE 13987-01-4 TRIPROPYLENE 14018-95-2 ZINC BICHROMATE 14167-18-1 SALCOMINE 14307-33-6 CALCIUM BICHROMATE 14464-46-1 CRISTOBALITE DUST 14484-64-1 FERBAM 14807-96-6 SILICA, TALC, non-ASBESTOS form 14808-60-7 QUARTZ DUST 14686-13-6 HEPTYLENE-2-TRANS 14861-06-4 VINYL CROTONATE 14901-08-7 CYCASIN 14977-61-8 CHROMYL CHLORIDE 15191-85-2 BERYLLIUM SILICATE 15271-41-7 BICYCLO[2.2.1]HEPTANE-2-CARBONITRILE, 5-CHLORO-6-

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(((METHYLAMINO)CARBONYL)OXY)IMINO)-(1st-(1-alpha,2-bet a,4-alpha,5-alpha,6E))-

15468-32-3 TRIDYMITE DUST 15663-27-1 cis-PLATINOUS DIAMMINE DICHLORIDE 15699-18-0 NICKEL AMMONIUM SULFATE 15930-94-6 ZINC CHROMATE HYDROXIDE 15980-15-1 1,4-THIOXANE 16071-85-6 DIRECT BROWN 16219-75-3 ETHYLIDENE NORBORNENE 16543-55-8 N-NITROSONORNICOTINE 16721-80-5 SODIUM SULFIDE 16752-77-5 METHOMYL 16842-03-8 COBALT HYDROCARBONYL (as Co) 16853-85-3 LITHIUM TETRAHYDROALUMINATE 17014-71-0 POTASSIUM PEROXIDE 17702-41-9 DECABORANE 17702-57-7 FORMPARANATE 17804-35-2 BENOMYL 18454-12-1 LEAD CHROMATE 18883-66-4 STREPTOZOTOCIN 19287-45-7 DIBORANE 19624-22-7 PENTABORANE 20816-12-0 OSMIUM TETROXIDE 20830-75-5 DIGOXIN 20830-81-3 DAUNOMYCIN 20859-73-8 ALUMINUM PHOSPHIDE 21087-64-9 METRIBUZIN 21351-79-1 CESIUM HYDROXIDE 21548-32-3 FOSTHIETAN 21609-90-5 LEPTOPHOS 21908-53-2 MERCURIC OXIDE 21923-23-9 CHLORTHIOPHOS 22224-92-6 FENAMIPHOS 23135-22-0 OXAMYL 23214-92-8 ADRIAMYCIN 23505-41-1 PIRIMIFOS-ETHYL 23950-58-5 PRONAMIDE 24017-47-8 TRIAZOFOS 24934-91-6 CHLORMEPHOS 25013-15-4 VINYL TOLUENE 25103-58-6 tert-DODECYL MERCAPTAN 25136-55-4 DIMETHYLDIOXANE 25154-52-3 NONYLPHENOL 25167-70-8 DIISOBUTYLENE 25167-93-5 NITROCHLORCBENZENE 25339-56-4 3-HEPTENE (MIXED ISOMERS) 25360-10-5 tert-NONYL MERCAPTAN 25377-83-7 OCTENE (MIXED ISOMERS) 25551-13-7 TRIMETHYL BENEZENE 25567-67-3 DINITROCHLOROBENZENE 25639-42-3 METHYLCYCLOHEXANOL 26094-13-3 BUTYLAMINE OLEATE 26419-73-8 CARBAMIC ACID, METHYL-,0-(((2,4-(DIMETHYL-1,3-DITHIOLAN-2-

YL)METHYLENE)AMINO-

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26628-22-8 SODIUM AZIDE 26952-21-6 ISOOCTYL ALCOHOL 27137-85-5 TRICHLORO(DICHLOROPHENYL)SILANE 27152-57-4 CALCIUM ARSENITE 27215-95-8 NONENE 28347-13-9 XYLYLENE DICHLORIDE 28434-86-8 3,3'-DICHLORO-4-4'-DIAMINODIPHENYL ETHER 28772-56-7 BROMADIOLONE 28983-37-1 tert-TETRADECYL MERCAPTAN 28984-85-2 NITROBIPHENYL 29191-52-4 ANISIDINE 30030-25-2 VINYLBENZYL CHLORIDE 30174-58-4 tert-DECYLMERCAPTAN 30674-80-7 METHACYCLOYLOXYETHYL ISOCYANATE 30714-78-4 ETHYL BUTYL CARBONATE 32280-46-9 N,N-DIETHYL-1,3-BUTANEDIAMINE 32749-94-3 2,3-DIMETHYL PENTALDEHYDE 34099-73-5 ETHYL BORATE 34590-94-8 DIPROPYLENE GLYCOL MONOMETHYL ETHER 35400-43-2 SULPROFOS 37300-23-5 ZINC YELLOW 39156-41-7 2,4-DIAMINOANISOLE SULPHATE 39196-18-4 THIOFANOX 39413-47-3 ZINC BERYLLIUM SILICATE 42350-99-2 2-CHLORO-4,6-DI-tert-AMYLPHENOL 50782-69-9 PHOSPHONOTHIOIC ACID, METHYL-,S-(2-(BIS(1-

METHYLETHYL)AMINO)ETHYL0-ETHYL ESTER 53449-21-9 CHLORODIPHENYL (42% CHLORINE) 53558-25-1 PYRIMINIL 55720-99-5 CHLORINATED DIPHENYL OXIDE 55738-54-0 TRANS-2-(DIMETHYLAMINO) METHYLIMINO)-5-(2-(5-NITRO-2FURYL)VINYL)-

1,3,4-OXADIAZOLE 58270-08-9 ZINC, DICHLORO(4,4-DIMETHYL-5((((METHYL-AMINO)CARBONYL)OXY)

IMINO)PENTAN E-NITRILE)-(T-4)- 59355-75-8 METHYL ACETYLENE-PROPADIENE MIXTURE (MAPP) 59536-65-1 POLYBROMINATED BIPHENYLS 60676-86-0 SILICA, FUSED, DUST 61788-32-7 HYDROGENATED TERPHENYLS 62207-76-5 COBALT,((2,2'-(1,2-ETHANEDIYLBIS (NITRILOMETHYLIDYNE))BIS(6-

FLUOROPHENOLATO)) (2-)-N,N',O,O')- 64037-54-3 3,4-DICHLOROBUTENE-1 65996-89-6 TAR, COAL, HIGH-TEMP 65996-90-9 TAR, COAL, HIGH-TEMP 65996-91-0 COAL TAR LIGHT OIL 73090-68-3 tert-BUTYL TETRALIN 73090-69-4 CHLORO-4-tert-AMYLPHENOL 73513-30-1 METHYLPENTALDEHYDE 77536-68-6 TREMOLITE

Specific Authority 633.01(1) FS. Law Implemented 633.45(1)(a) FS. History–New 11-21-01, Formerly 4A-62.004.

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69A-62.005 Exemption from 29 Code of Federal Regulations, Section 1910.134(g)(4). (1) This section is applicable to all fire departments which have notified the Division of State Fire

Marshal that they are exempt from the applicability of 29 Code of Federal Regulations, Section 1910.134(g)(4), for six months beginning April 1, 2002.

(2) The Division shall provide the Firefighters Employment, Standards, and Training Council with the names of all fire departments which are exempt.

(3) Pursuant to paragraph 69A-62.003(3)(c), F.A.C., the Firefighters Employment, Standards, and Training Council shall assign one or more of its members as a “special exemption subcommittee” to investigate the circumstances surrounding the reason why such fire department or local government is not able to implement 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters to its staff or expending significant additional funds. In such investigation, the special exemption subcommittee shall, assisted by a member of the staff of the Division, investigate and take into consideration the following factors:

(a) Whether the fire department or local government submitting the letter or certification has made any attempt to enter into any interlocal agreement with any surrounding fire department or local government or to take any other measures which would assist it in implementing 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters to its staff or expending significant additional funds;

(b) If no attempt has been made to enter into an interlocal agreement with a surrounding fire department or local government or to take any other measures, the special exemption subcommittee shall investigate the feasibility and capability of the fire department or local government entering into such an agreement with one or more surrounding fire departments or local governments so that the fire department or local government seeking the exemption would be able to implement 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters or expending significant additional funds.

(c) The special exemption subcommittee may also consider any other factor or take any other action the special exemption subcommittee deems reasonably necessary to complete its charge from the Firefighters Employment, Standards, and Training Council.

(d) The special exemption subcommittee, assisted by a member of the staff of the Division, shall prepare and submit a report of its investigations to the Firefighters Employment, Standards, and Training Council. The report need not be in any particular form but shall contain:

1. The action taken by the special exemption subcommittee in performing its investigation; 2. The results of the investigation; and 3. The recommendation or recommendations of the special exemption subcommittee, which could

include but are not necessarily limited to a recommendation: a. That a mutual aid agreement or an automatic aid agreement be entered into between the subject fire

department and one or more adjacent fire department or departments, or b. That the fire department or the local government be requested to take any other reasonable step or

steps to implement the 2-in, 2-out standard, or c. That the exemption for such fire department be extended for another year because the subject fire

department is not capable of implementing the 2-in, 2-out standard without expending additional money or hiring additional people at such time as the report is made.

(4) The Firefighters Employment, Standards, and Training Council shall consider the actions taken by the special exemption subcommittee together with the results and any recommendation or recommendations by the special exemption subcommittee. The Firefighters Employment, Standards, and Training Council shall take one of the following three actions:

(a) Adopt any recommendation or recommendations made by the special exemption subcommittee in full as its recommendation or recommendations to the State Fire Marshal; or

(b) Adopt any recommendation or recommendations made by the special exemption subcommittee with any changes, additions, or deletions the Firefighters Employment, Standards, and Training Council makes as its recommendation or recommendations to the State Fire Marshal; or

(c) Request that the special exemption subcommittee revisit the fire department or local government which alleges that it cannot comply with 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters to its staff or expending significant additional funds, and take any further reasonable steps in its investigation. If the Firefighters Employment, Standards, and Training Council takes the action provided for in this subparagraph, it shall provide specific guidance to the special exemption

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subcommittee as to the factors and actions it is directing the special exemption subcommittee to consider and take.

(5)(a) Upon receipt of any recommendation or recommendations of the Firefighters Employment, Standards, and Training Council the Division shall notify the subject fire department or local government of the recommendation or recommendations of the Firefighters Employment, Standards, and Training Council and shall, if it approves of the recommendation or recommendations of the Firefighters Employment, Standards, and Training Council request the fire department or local government to comply with such recommendation or recommendations.

(b) If the Division does not approve the recommendation of the Firefighters Employment, Standards, and Training Council it shall return the recommendation to the Firefighters Employment, Standards, and Training Council with specific directions to consider any other reasonable factors or take any other reasonable action.

(c) In determining whether to approve or reject the recommendation, the division shall consider the following factors or criteria:

1. Whether the recommendation is based on factual empirical knowledge gathered by the special exemption subcommittee or the Firefighters Employment, Standards, and Training Council based on its contact with the fire department;

2. Whether the recommendation comports with knowledge or information that is in the division’s possession from any other source or sources relating to the subject fire department;

3. Whether the facts and circumstances of each fire department provide sufficient grounds for the recommendation; and

4. Whether the special exemption subcommittee and the Firefighters Employment, Standards, and Training Council have given due, careful, and conscientious thought and consideration to the recommendation.

(6) If the subject fire department or local government complies in full with the recommendation or recommendations within a reasonable time and determines that it is able to implement 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters to its staff or expending significant additional funds, it shall be removed from the list of exempt fire departments or local governments. A “reasonable time” is the amount of time that is sufficient for the subject fire department or local government to comply without undue haste or undue delay, taking into consideration:

(a) The location of the fire department or local government, and (b) The financial and other related circumstances of the fire department or the local government, and (c) The resources available to the fire department or the local government. (7) If the subject fire department or local government has cooperated fully with the Division and

Firefighters Employment, Standards and Training Council and has complied in full with the recommendation or recommendations within a reasonable time, as indicated above, but finds that it still is unable to implement 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters to its staff or expending significant additional funds, it shall be continued on the exempt list for an additional year. The Division shall review the circumstances of each fire department continued on the exempt list after October 1, 2002, each year thereafter until compliance can be achieved.

(8) If the subject fire department or local government fails or refuses to comply with the recommendation or recommendations within a reasonable time, as used in this section, the Division shall take such action that is permitted and that is appropriate under Chapter 633, F.S.

(9) If a special exemption subcommittee of the Firefighters Employment, Standards, and Training Council is unable to complete an investigation of any fire department or local government which alleges that it is unable to comply with 29 Code of Federal Regulations, Section 1910.134(g)(4), without adding additional firefighters to its staff or expending significant additional funds prior to the expiration of the 6 month automatic exemption period from April 1, 2002, to October 1, 2002, such fire department or local government shall continue on the exempt list until a disposition is made in accordance with this section.

(10) Each year after the year 2002, the Division shall review the list of exempt fire departments or local governments and shall take the same action as set forth in this section with respect to those fire departments and local governments which remain on the list.

Specific Authority 633.01, 633.821(2) FS. Law Implemented 633.45(1)(a), 633.821(2) FS. History–New 9-15-02,

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Formerly 4A-62.005.

69A-62.006 Requirements for Recognition as a Fire Department. (1) To be recognized as an organized fire department by the division, compliance with the following

must be documented: (a) Capability of providing fire protection 24 hours a day, seven days a week; (b) Responsibility for response in an area capable of being depicted on a map; and (c) Staffing with a sufficient number of qualified firefighters who are employed full-time or part-time

or serve as volunteers and who shall have successfully completed an approved basic firefighting course recognized by the Bureau of Fire Standards and Training.

(2)(a) A fire department shall meet the requirements of the Insurance Services Office (ISO) for Class 9 Protection, the 2003 edition, the Fire Suppression Rating Schedule, effective February, 2003, which is hereby adopted and incorporated by reference and which may be obtained from Insurance Services Office (ISO), 545 Washington Blvd., Jersey City, NJ 07310-1686 or at www.iso.com. If the fire department does not meet the requirements of this section, the fire department shall submit a plan of compliance which provides for meeting these requirements within 90 days of the date of submission of the plan.

(b) ISO measures the major elements of a community’s fire-suppression system and develops a numerical grade ranging from 1 to 10. Class 1 represents the best public protection rating and Class 10 indicates no recognized protection.

(c) The requirements for ISO 9 may be obtained at the ISO website located at www.iso.com, or it may be obtained by writing to the Division of State Fire Marshal, Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.

Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.821 FS. History–New 9-6-04.

69A-62.007 Minimum Requirements for Class 9 Protection. (1) To be considered for Class 9 protection, the following minimum facilities must be available: (a) Organization: 1. The fire department shall be organized on a permanent basis under applicable state or local laws.

The organization shall include one person responsible for operation of the department, usually with the title of chief.

2. The fire department must serve an area with definite boundaries. If a municipality is not served by a fire department solely operated by or for the governing body of that city, the fire department providing such service shall do so under a contract or resolution. When a fire department’s service area involves one or more jurisdictions, a contract shall be executed with each jurisdiction served.

(b) Membership: The department shall have a sufficient number of firefighters/members to assure the response of at least 4 firefighters/members that can assemble at the scene of a fire as contemplated by subsection (1) of Rule 69A-62.003, F.A.C., to be compliant with Rule 69A-62.003, F.A.C., the two-in, two-out rule. The fire chief may be one of the 4 responding firefighters/ members.

(c) Training: Training for active members shall be conducted at least 2 hours every 2 months. (d) Alarm Notification: Alarm facilities and arrangement shall be such that there is no delay in the

receipt of alarms and the dispatch of firefighters and apparatus. (e) Apparatus: 1. The fire department shall have at least one piece of apparatus meeting the general criteria of Section

106E, of the Fire Suppression Rating Schedule from ISO, which is located at 545 Washington Blvd., Jersey City, NJ 07310-1686 or which may be found at www.iso.com.

2. Automotive Fire Apparatus: The apparatus shall have a permanently mounted pump capable of delivering 50 gpm or more at 150 psi, and a water tank with at least 300-gallon capacity.

(f) Records: Records shall indicate date, time and location of fires, the number of responding members, meetings, training sessions, and maintenance of apparatus and equipment. A roster of fire department members must be kept up-to-date.

(g) Equipment: Each fire department shall keep and maintain the following equipment:

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1. At least two 150-foot lengths of 3/4 or 1 inch fire department hose, 1 1/2 inch pre-connected hose, or the equivalent, each with a nozzle capable of discharging either a spray or a straight stream.

2. Two portable fire extinguishers suitable for use on Class A, B and C fires. The minimum size shall be 20 BC rating in dry chemical, 10 BC rating in Co2, and 2A rating in water-type extinguishers.

3. One 12-foot ladder with folding hooks. 4. One 24-foot extension ladder. 5. One pick-head axe. 6. Two electric hand lights. 7. One pike pole. 8. One bolt cutter. 9. One claw tool. 10. One crowbar. (h) Housing: Apparatus shall be protected from the weather. (2) In addition, the fire department must have: (a) A minimum of four (4) self-contained breathing apparatus, and (b) A minimum issue of personal protective clothing for structural firefighting for each firefighter. (3) Each organized fire department shall maintain sufficient insurance coverage on each member of the

fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions.

(4)(a) The chief of any fire department that includes volunteer firefighters shall maintain a current, complete Roster of Volunteer Firefighters utilizing form DFS-K4-1581, effective 05/04, which is hereby adopted and incorporated by reference, utilizing the online database found at www.floridastatefirecollege.org.

(b) Form DFS-K4-1581 shall be completed by the Fire Chief or the designee of the chief.

Specific Authority 633.01(1), 633.821 FS. Law Implemented 633.45(1)(a), 633.821 FS. History–New 9-6-04, Amended 1-1-09.

69A-62.020 Definitions.

Unless otherwise specified herein, for purposes of this rule chapter the definitions of the words and terms contained in Section 440.02, F.S. (2003), apply. For the purposes of Part II of this rule chapter, unless the context clearly requires otherwise, the following definitions also apply:

(1) “Firefighter Employee Safety and Health Remediation Plan” means a written training program developed by a carrier, individual self-insurer, self-insurance fund, or firefighter employer or a combination thereof for a firefighter employer’s implementation when the firefighter employer has been identified as having a high frequency or severity of injuries or workers’ compensation insurance claims that is higher than the average for firefighter employers and includes any safety and health program which has been adopted by a firefighter employer and approved by the Division. It shall serve as a guide to safe work practices for firefighter employees.

(2) “Firefighter Employer Comprehensive Safety and Health Program” means a particular written plan developed from a Workplace Safety and Health Program provided by an insurance carrier, group self-insurance fund, individual self-insurer, or by an individual firefighter employer. It is designed to ensure that the firefighter employer has a structured and integrated safety and health management program within its organization, which is specifically designed to reduce or control the hazards of the firefighter employer’s workplace and the frequency of workplace injuries and occupational diseases. Said plan is permitted to be part of an overall Workplace Safety and Health Program for the municipality, county, special district, or other unit of local government.

(3) “Frequency” means the number of workplace injuries and occupational diseases reported to the Division of Workers’ Compensation, occurring over a one-year period, and resulting in a lost time case as defined in subsection (5), below.

(4) “Frequency Rate” means the figure which results after using the formula for determining the frequency rate provided in Rule 69A-62.023, F.A.C.

(5) “Lost Time Case” means an injury or illness which results in the firefighter employee requiring

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initial medical care at a medical care facility and involves a loss of time or service beyond the time required for initial treatment and his or her inability to return to normal duty upon his or her next scheduled work period.

(6) “OSHA” means the Occupational Safety and Health Administration as created by the Occupational Safety and Health Act of 1970, 29 U.S.C. Sections 651-678.

(7) “Safety and Health Standard” or “Standard” means any of the safety and health standards adopted by rule of the division and which applies to a specific workplace. These standards are minimum standards upon which all safety and health risk assessments can be made.

(8) “Safety and Health Inspection” means the risk assessment process by division personnel of a firefighter employer’s work environment as follows:

(a) Analyzing existing conditions and operations that may create hazards; (b) Identifying signs of ineffective safety and health policies or practices; and (c) Identifying safety and health program deficiencies. (9) “Severity” means the extent of the workers’ compensation medical and indemnity benefits which

result or will result from the workplace injuries that a firefighter employer has reported to the Division of Workers’ Compensation.

(10) “Shall” means that the application or procedure that follows is mandatory and “shall” is only used in this context in these rules.

(11) “Will” means that the application or procedure that follows is to take place in the future and in this context “will” is never used to indicate any degree of requirement of an application or procedure.

(12) “Workplace Safety and Health Program” means the written program of a workers’ compensation carrier, group self-insurance fund, or individual self-insurer for a government unit. It is to be used by their policyholders, members or themselves as a guide in developing a specific firefighter employer’s “Firefighter Employer Comprehensive Safety and Health Program.”

Specific Authority 633.804 FS. Law Implemented 633.804 FS. History–New 9-6-04.

69A-62.021 General Guidelines for Firefighter Employer Comprehensive Safety and Health

Programs. The following are the guidelines for a Firefighter Employer Comprehensive Safety and Health Program. These guidelines shall be used by all firefighter employers.

(1) Safety Policy. Each firefighter employer shall issue and make available to all firefighter employees a safety policy containing a clear and concise view of the firefighter employer’s determination that safety and health management shall be of primary importance and that all employment and places of employment shall be free of recognizable workplace and environmental hazards. The safety policy shall delegate responsibilities with respect to implementing the safety and health program.

(2) Safety Rules. Each firefighter employer shall develop and implement a set of safety rules which shall be equivalent to or exceed applicable standards found in the Act or in rules adopted pursuant to the Act.

(3) Safety and Health Training Program. Each firefighter employer shall implement a safety and health training program, which shall address or include:

(a) Training, by supervisors or trained instructors, of new firefighter employees and firefighter employees transferring to new jobs, on the operating procedures of vehicles and equipment to be utilized by the firefighter employee.

(b) Instructional training for supervisors. (c) Specialized training as required by the rules of the division and any OSHA Standards and other

applicable laws, rules or regulations. (d) Each authorized emergency vehicle operator shall possess documentation that he or she has

completed at least a 16-hour course of instruction on driving an authorized emergency vehicle, as defined by Section 316.003(1), F.S., which includes, at a minimum, classroom and behind-the-wheel training in a vehicle of the same size, type and class as the emergency vehicle operator will be assigned to operate, as outlined below:

1. Classroom Training.

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a. Legal aspects of authorized emergency vehicle operators. b. Selecting routes and reporting emergency operation. c. The practice of defensive driving. d. Accident avoidance. e. Principles of vehicle control. f. Routine safety checks of vehicle. 2. Practical. a. Braking and control braking. b. Backing; road position, fender judgment and steering technique. c. Slalom; steering technique and chassis set. d. Steering technique during a skid; a skid pad is optional. e. Turn-around-steering technique; fender judgment, road position, controlled braking, controlled

acceleration, understeer, oversteer and chassis set. A list of approved courses/providers is posted on the “Firefighter Safety and Health” webpage at http://www.myfloridacfo.com/sfm/bfst/SafetyHealth/SafetyForms.htm or may be obtained from the Safety Program Office of the Bureau of Fire Standards and Training by calling (352)369-2800. Fire Department or Training Center requests for the approval of other courses must be directed to the same office.

(e) Goals and objectives of the safety training program(s). (f) Person(s) responsible for safety and the person(s) responsible for the conduct of safety training. (g) Specific method(s) of presentation. (h) An analysis of accidents, illnesses and injuries to determine specific additional training that may be

needed. (i) A training program outline. (j) A comprehensive training program content. (k) A hazard identification system. (l) A new firefighter employee indoctrination program. (m) Training. Each firefighter employer shall provide training and education for all firefighters and

supervisory personnel commensurate with those duties and functions that such firefighters and supervisory personnel are expected to perform. Such training and education shall be provided to firefighters and supervisory personnel before they perform any emergency activities or other activities requiring such training. Supervisory personnel shall be provided with training and education which is more comprehensive than that provided to the general firefighters.

(4) Each firefighter employer shall assure that training and education are conducted frequently enough to assure that each firefighter is able to perform the firefighter’s assigned duties and functions satisfactorily and in a safe manner so as not to endanger such firefighter or any other firefighter. Training shall be provided on as needed basis and must be provided at least annually. In addition, firefighters who are expected to perform interior structural firefighting shall be provided with an education session or training at least quarterly. All such training shall be documented and a permanent record of attendance shall be kept.

(5) The quality of the training and education programs for firefighters and officers shall be similar to the courses or curriculum of the Florida State Fire College.

(6) Each firefighter employer shall inform each firefighter about known special hazards such as storage and use of flammable liquids and gases, toxic chemicals, radioactive sources, and water reactive substances, to which they may be exposed during fire and other emergencies. The firefighters shall also be advised of any changes that occur in relation to the special hazards. The firefighter employer shall develop and make available for inspection by firefighters written procedures that describe the actions to be taken in situations involving the special hazards and shall include these in the training and education program.

(7) Policy for enforcement of safety rules and regulations. (a) Accident Investigation Program. Each firefighter employer shall implement an accident

investigation program and shall investigate and record all accidents and near misses involving personnel, including medical only injuries, and accidents in which equipment or motor vehicles are damaged. A near miss is an incident in which no property was damaged and no personal injury sustained, but where, given a slight shift in time, position, or other circumstance, damage or injury would or might have occurred. The investigation shall determine all obtainable facts of each accident and cite cause factors and recommend corrective action.

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(b) Incident Reporting. Each firefighter employer shall implement the Fire Service Casualty Module (NFIRS-5, effective 7/04), Form DFS-K4-1569, which is hereby adopted and incorporated by reference. Form DFS-K4-1569 may be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340.

(c) The Fire Service Casualty Module (NFIRS-5) shall record all injuries, including type of accident, agencies, nature or type of injury, body location, the specific activity at the time of the injury or occurrence, cause of injury, and contributing causes of injury. Such reports shall also contain any event, injury, or occurrence enumerated in Section 112.181, F.S. (2003), to which the presumptions therein are applicable. These reports shall be submitted to the division within seven (7) days of the occurrence. Specific Authority 633.804, 633.805, 633.808, 633.821 FS. Law Implemented 633.804, 633.805, 633.807, 633.808, 633.821 FS. History–New 9-6-04, Amended 6-6-07, 1-1-09.

69A-62.022 Firefighter Employer Comprehensive Safety and Health Remediation Plan. (1) All firefighter employers identified and notified by the division as having a high frequency or

severity of work related injuries and illnesses shall submit their Firefighter Employer Comprehensive Safety and Health Remediation Program to the division for approval within one hundred twenty (120) days after receipt of notice.

(2) The Firefighter Employer Comprehensive Safety and Health Remediation Plan shall contain or address the specific components listed under the “General Guidelines for Firefighter Employer Comprehensive Safety and Health Programs” set forth in Rule 69A-62.021, F.A.C.

(3) If a firefighter employer fails to submit a Firefighter Employer Comprehensive Safety and Health Remediation Plan to the division, the firefighter employer shall be subject to a penalty as prescribed in Section 633.811, F.S. (2003), or as otherwise provided by law.

(4) The division shall conduct a continuous evaluation of each approved plan to determine its overall effectiveness. Specific Authority 633.803, 633.809, 633.813 FS. Law Implemented 633.809 FS. History–New 9-6-04, Amended 6-6-07.

69A-62.023 Criteria for Identifying Firefighter Employers with a High Frequency or Severity of

Injuries. (1) Individual firefighter employers and groups of firefighter employers with a high frequency or

severity of work related injuries and illnesses as identified by the division shall be subject to safety and health inspections. If a firefighter employer fails or refuses to implement or correct deficiencies identified by the division, the firefighter employer shall be subject to penalties as prescribed in Section 633.811, F.S. (2003), or as otherwise provided by law.

(2) The division will use the following procedures to determine which firefighter employers with a high frequency or severity of workers’ compensation claims will be selected to have their safety and health management program audited by the division and their workplace and records inspected.

(a) A firefighter employer high frequency of injury list shall be established using the most recent year’s data available. This shall be data for a year where there has been sufficient time allowed to receive and check the data for reliability. The list shall be derived by compiling lost time cases contained in the database in descending order of frequency from highest to lowest for the year.

(b) The frequency rate shall be calculated using the following formula: Rate of reported lost-time injuries by a firefighter employer in a year shall be determined by Frequency divided by Average Daily Staffing where:

Frequency = total lost time cases reported by a firefighter employer in a year. Average Daily Staffing = the average number of personnel on duty at one given time per day

multiplied by the number of days staffed. Example 1: the average number of personnel on duty at one given time per day multiplied by 365 for a

24 hour full-time department. [Please note this is intended for three platoon (24/48) or four platoon (10/14 or 24/72)] Example 2: the average number of personnel on duty at one given time per day multiplied by 260 for

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Monday through Friday staffing. Example 3: For volunteer firefighters it is the average staffing of all of their emergency responses

times the number of responses they had in the year. “High Frequency of Injury” means a frequency rating at least 20 percent higher than all other fire

departments to which it is compared. National Safety Council Frequency Computation: Number of Injuries times (X) 8760 for 24 hour service or 2000 for a 40 hour week divided by (%) the

total annual man-hours worked equals (=) the injury rate. (c) The firefighter employer’s frequency rate will be compared with the statewide average frequency

rate for all firefighter employers. (d) If a firefighter employer is to be audited, the following shall be required of the firefighter employer: 1. The firefighter employer shall meet with a division representative within ten days of being notified

of the decision to audit or on such other date as may be mutually agreed upon. 2. The firefighter employer shall assign a contact person to work with the representative of the

division. 3. The firefighter employer shall provide to the representative the most complete copy of each of the

first reports of injury for the past 3 years and a copy of the corresponding accident report if available. 4. Information pertaining to the following shall be provided by, and will be collected from, the

firefighter employer: a. Safety policy, b. Safety rules and regulations, c. Safety inspections, including regular and periodic inspections, d. Safety training programs, e. First aid programs, f. Accident investigation programs, g. Record keeping, h. Respiratory protection programs as required by the adoption of 29 C.F.R. 1910.134 in Rule 69A-

62.011, F.A.C., and i. Any other information pertaining to safety and health program management. 5. After the audit is complete, a closing conference will be scheduled to advise the firefighter employer

on the results of the audit. 6. Suggestions and assistance will be provided to the firefighter employer to help improve the safety

and health program management. 7. Abatement deadlines shall be set for the firefighter employer to take corrective action in regard to

any safety and health program deficiencies that are identified. 8. To measure program effectiveness following the audit, the firefighter employer shall be required to

submit copies of all first reports of injury and corresponding accident investigation reports to the division on a quarterly basis (every three months) for two years or until the firefighter employer’s frequency/severity rate of lost time cases falls below the statewide average for firefighter employers, as determined by the Division of Workers’ Compensation, whichever occurs last.

Specific Authority 633.809 FS. Law Implemented 633.809 FS. History–New 9-6-04.

69A-62.030 Definitions.

Part III of this rule chapter incorporates by reference the definition of “occupational disease” contained in Section 440.151(2), F.S. (2003), and the definitions contained in Section 440.02, F.S. (2003). Further, with respect to Part III of these rules, the division adopts the following definitions:

(1) “Abatement date” means a specific date provided by the division on the Notice of Violation on or before which the firefighter employer must correct a violation to avoid penalty. “Abatement” means and includes remediation.

(2) “Calendar year” means a given twelve month period that begins January 1 and ends December 31. (3) “Establishment” means the single physical location of a workplace where the firefighter employer

maintains records necessary to provide evidence of firefighter employer compliance with this rule chapter.

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Generally, an establishment is a single physical location where business is conducted. For firefighter employers engaged in activities that may be physically dispersed, the establishment shall be the Administrative Offices/Headquarters of the agency.

(4) “Fatality” means any firefighter employee death that occurs as a result of workplace injury, illness, or occupational disease. The term includes a firefighter employee death that results from workplace injury, illness, or occupational disease.

(5) “Hazard” means the risk of exposure to materials, processes, or operating procedures or practices that can produce a harmful effect by causing injury, illness, occupational disease, or fatality.

(6) “Illness” means any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment. It includes acute and chronic illnesses or diseases that may be caused by inhalation, absorption, ingestion, or direct contact with an environmental factor.

(7) “Investigation” means verification of firefighter employer compliance with the Act or division rule by a firefighter employer including firefighter employer requests, complaint investigations, fatality investigations, and serious incident investigations.

(8) “Multiple Injury Event” means either a single event during an incident that three or more firefighters receive serious incident level injuries such as a vehicle crash, or firefighters injured from a falling wall, or three of the same type of serious incident level injuries sustained during an entire incident such as three smoke inhalation injuries at the same fire.

(9) “Serious incident” means any event arising out of the work and in the course of employment, as the result of which a firefighter employee is admitted into a hospital for a minimum period of twenty-four hours.

(10) “Violation” means noncompliance with the Act, a division rule, or an order of the division. (11) “Workplace” means the physical location where firefighter employees perform their duties and

includes the scene of a fire or other emergency. The Firefighter Employer is not responsible for the physical condition of any property not within its control or the control of its governmental unit.

Specific Authority 633.806 FS. Law Implemented 633.806 FS. History–New 9-6-04.

69A-62.031 Right of Entry.

A firefighter employer shall allow the division, on request and presentation of official credentials, without delay to enter and to inspect any place of employment at any reasonable time for the purpose of assuring compliance with the Act and this rule chapter.

Specific Authority 633.806 FS. Law Implemented 633.806, 633.815 FS. History–New 9-6-04.

69A-62.032 Division Inspection or Investigation. (1) Under the Act, the division is authorized to conduct inspections or investigations for the purpose of

ensuring compliance with the Act and division rules. The division shall conduct an inspection or investigation to determine jurisdiction, the occurrence of a violation, or to verify abatement. The division shall conduct an inspection or investigation by means of on-site inspection or investigation, telephone, correspondence, or personal interview, which may be in private.

(2) A firefighter employer may request the division to investigate the workplace to ensure compliance with the Act and division rules.

(3) The division shall not be required to provide notice of an inspection or investigation when the division is advised that a condition or practice that creates an “imminent danger” to the safety and health of workers.

(4) Upon entering a workplace, the division shall advise the person in charge of the work being performed at the workplace that the division intends to conduct an inspection or investigation.

(5) The division shall conduct an opening conference, explaining the purpose of the inspection or investigation, inspection or investigation procedures, and firefighter employer obligations and responsibilities.

(6) The division may but is not required to invite a representative of the firefighter employer or a

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firefighter employee, or both, to accompany the division during an inspection or investigation. (7) The division shall consider evidence observed in plain view or obtained during an inspection or

investigation, or otherwise obtained from a telephone or personal interview, correspondence, firefighter employer record, maintenance record, insurance record, laboratory report, or electronic information.

(8) After the inspection or investigation, the division shall conduct a closing conference with the firefighter employer to discuss any violations noticed, answer questions, explain penalty assessments, and identify abatement verification procedures, including the potential for a subsequent inspection or investigation by the division to verify abatement.

(9) The division shall issue a Notice of Violation prescribed in Rule 69A-62.034, F.A.C., for each violation identified by the division during an inspection or investigation at the completion of the inspection or investigation.

(10) Complaint Investigation. (a) The division shall consider a complaint from any person who alleges a violation of the Act or a

division rule. The complainant may elect to remain anonymous. The complainant must identify the location of the workplace that gives rise to the complaint and allege known particular facts that constitute a violation. A complaint may be oral or written.

(b) The division shall conduct an investigation of any complaint that facially establishes reasonable cause to believe that a violation exists or occurred.

(11) Fatality or Multiple Injury Event Investigation or equipment failure. (a) Each firefighter employer shall notify the division of any fatality or three (3) or more serious

injuries at the same incident via the Division’s 24 hour “1 800” phone number which is 1-800-NET-FIRE (1-800-638-3473) within 4 hours of the occurrence.

(b) The division shall conduct an investigation of each fatality or multiple injury events, of which it is notified.

(c) Any injury or fatality that is reported to or appears to be the result of equipment failure shall be investigated by the division.

(12) If the division determines during an investigation that a firefighter employer’s failure to comply with the Act or a division rule directly contributed to a fatality or serious incident, the division shall issue to the firefighter employer a Notice of Violation specifying an immediate abatement date.

(13) The division shall conduct an investigation to verify abatement of a violation within six months after the issuance date of the Notice of Violation.

Specific Authority 633.45(1)(a), 633.806 FS. Law Implemented 633.801, 633.806, 633.815 FS. History–New 9-6-04.

69A-62.033 Recordkeeping Responsibilities of Firefighter Employers. (1) Each firefighter employer shall maintain for review by the division upon request the “Fire Service

Log and Summary of Occupational Injuries, Diseases, and Illnesses” DFS-K4-1568, revised July, 2004, (sometimes referred to in these rules as “log and summary”), adopted and incorporated herein by reference and available from the division at the Bureau of Fire Standards and Training, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486. Each firefighter employer shall record each injury, illness, occupational disease, and fatality for that establishment on the log and summary within six working days of learning an injury, illness, occupational disease, or fatality has occurred. A firefighter employer may maintain a form equivalent to the log and summary, which shall contain the same information and shall be as readable and comprehensible to a person unfamiliar with the log and summary. The firefighter employer or person who supervises the preparation of the log and summary shall sign the log and summary.

(2) In addition to the log and summary required in subsection (1), each firefighter employer shall maintain and make readily available upon request to the division the following supplementary records:

(a) The “First Report of Injury or Illness,” Form DWC-1, Rev. 11/94, a form which was adopted in Rule 69L-3.025, F.A.C., and incorporated by reference by the Division of Workers’ Compensation and is herein incorporated by reference and which is available from the firefighter employer’s Workers’ Compensation insurance carrier or fund. The form may also be obtained by writing to the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340. Such form shall be submitted for each injury, illness, occupational disease, or fatality at each establishment, within 6 working days after a

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firefighter employee injury, illness, occupational disease, or fatality has occurred. The Fire Report of Injury or illness shall be completed in detail.

(b) The Fire Service Casualty Module (NFIRS-5), DFS Form DFS-K4-1569 shall be submitted for each injury, illness, occupational disease, or fatality at each establishment, within six (6) working days after a firefighter employee injury, illness, occupational disease, or fatality has occurred. The First Report of Injury or Illness, Form DWC-1, Rev. 11/94, shall be completed in detail.

(c) The firefighter employee accident investigation records which were created by or submitted to the firefighter employer.

(3) Each firefighter employer shall establish and maintain records on a calendar year basis. (4) Each firefighter employer shall maintain records required in subsections (1) and (2) in each

establishment for three calendar years following the end of the calendar year during which the firefighter employee injury, illness, occupational disease, or fatality occurred.

(5) When a workplace is located apart from an establishment, the firefighter employer shall have available at the workplace the telephone number and address of the establishment where records are maintained.

Specific Authority 633.808(4) FS. Law Implemented 633.808(4) FS. History–New 9-6-04.

69A-62.034 Notice of Violation. (1)(a) If the division determines that a firefighter employer is not in compliance with the Act or a

division rule or order, the division shall issue to the firefighter employer a Notice of Violation on Form DFS-K4-1566, revised July, 2004, which the division hereby adopts and incorporates herein, and which may be obtained by writing to the division at 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486.

(b) The Notice of Violation shall specify the section of the statute, the rule violated, or the division order and set forth particular facts that support the division’s allegation of a violation, and set an abatement date not to exceed thirty days from the date of receipt of the Notice of Violation.

(c) The Notice of Violation is not final agency action; rather, it is a notice provided as a courtesy to the firefighter employer to give notice of matters the division considers to be in violation of the applicable statutes, rules, codes, standards, or other applicable requirement.

(d) If a notice assessing a penalty, as provided for in Rule 69A-62.036, F.A.C., is given to the firefighter employer, such action constitutes final agency action and is subject to Chapter 120, F.S. (2003).

(2) The division shall serve a Notice of Violation on the senior firefighter employer official at the workplace where the violation occurred, or on a firefighter employer contact or representative, and shall mail or otherwise deliver a copy to the official headquarters mailing address of record. The division shall serve a Notice of Violation personally, via United States mail, or otherwise as provided by law.

(3) Each Firefighter Employer shall bring into compliance any violation identified in the Notice of Violation on or before its abatement date. The division shall grant an extension of the original abatement date upon written request by the firefighter employer if anyone of the following criteria occurs:

(a) The Firefighter Employer experiences an incident or occurrence beyond the control of the firefighter employer, such as in the event of an identified hazard, or

(b) The Firefighter Employer provides proof of a forthcoming delivery of necessary contracted services or materials, or

(c) The Firefighter Employer takes remedial action to remove firefighter employees from the hazard. (4) A firefighter employer shall file the firefighter employer’s copy of the Notice of Violation with the

division, indicating the action taken by the firefighter employer to bring the noticed violation into compliance, the date action was taken, and the firefighter employer’s signature certifying abatement. Filing under this subsection means receipt by the division within ten days after the abatement date.

(5) If the division determines that the firefighter employer abated the noticed violation on or before the abatement date, the division shall dismiss the notice. If the firefighter employer fails to correct the violation on or before the abatement date, the division shall assess against the firefighter employer a civil penalty commensurate with Section 633.811, F.S. (2003), unless otherwise provided by division rule.

(6) The firefighter employer who receives a Notice of Violation may request the division to withdraw

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the Notice of Violation. The request must be in writing and received by the division on or before the abatement date. The division shall withdraw a Notice of Violation for good cause, as expressed in subsection (3), shown by the firefighter employer.

(7) If the division finds no violation during an investigation on-site, the division will so indicate on a Notice of Violation if requested by the firefighter employer.

(8)(a) Each firefighter employee of a firefighter employer covered under the Act shall comply with: 1. Rules adopted or orders issued by the division; 2. Reasonable workplace safety and health standards, and 3. Rules, policies, procedures, and work practices established by the firefighter employer or the

workplace safety committee. (b) A firefighter employee who knowingly fails to comply with this subsection may be disciplined or

discharged by the firefighter employer.

Specific Authority 633.808 FS. Law Implemented 633.808 FS. History–New 9-6-04.

69A-62.035 Safety Training.

After a firefighter employer has abated a noticed violation that created a particular hazard, the Firefighter Employer shall provide to each affected firefighter employee safety training designed to prevent recurrence of the violation within the time frame specified by the Division. Safety training shall include at least recognition and avoidance of the particular hazard and knowledge of the protective measures required to prevent injury. Abatement of a safety training violation under this subsection shall include completion and documentation of the training. If a condition for abatement of a noticed violation includes safety training and the firefighter employer fails to provide the training to all affected firefighter employees, each affected firefighter employee not trained constitutes a separate violation. All training shall be documented and a copy placed in each effected employee’s personnel file.

Specific Authority 633.808, 633.811 FS. Law Implemented 633.808, 633.811 FS. History–New 9-6-04.

69A-62.036 Procedures Relating to Penalties. (1) The division shall issue a notice assessing a penalty to a firefighter employer that fails to timely

abate a violation of the Act or division rule. (2) The division shall serve the notice assessing a penalty in the manner provided for by law and shall

insure that such notice is provided to the administrative officer in charge of the fire department or his or her designee.

(3)(a) If an investigation to verify abatement reveals that a previously-noticed violation exists, the division shall assess against the firefighter employer a penalty for a continuing violation, which shall accrue from the original abatement date indicated on the Notice of Violation. If the firefighter employer demonstrates conclusively to the division by documentary evidence, such as purchase order, payment receipt, or work order, that the firefighter employer corrected the previously noticed violation on or before the abatement date, the division shall not assess a penalty for a continuing violation.

(b) Any previously noticed violation that recurs after the six-month abatement period constitutes a separate violation, which is independent of a previously noticed violation and shall be separately charged.

(4) Except as otherwise provided in this rule, the division shall assess against a firefighter employer who violates the Act, such penalty as is permitted in Section 633.811, F.S. (2003). If the division grants an extension of the abatement date and the firefighter employer fails to timely abate, the penalty shall accrue from the original abatement date on the Notice of Violation.

(5) The division shall assess against a firefighter employer a penalty for a violation that is commensurate with frequency or severity, or both.

(a) In assessing a penalty based on frequency, the division shall consider: 1. The number of safety and health violations cited against the firefighter employer as the result of a

complaint or investigation; and 2. The number of identical, similar, or related safety and health violations for which the firefighter

employer was prosecuted administratively, criminally, or civilly.

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(b) Unless the firefighter employer violates a provision specifically enumerated in paragraph (a), above, the division shall assess a penalty that considers:

1. The risk or potential risk of injury or exposure to injury that results from the violation or violations; and

2. The number of firefighter employees affected by the violation or violations. (6) A firefighter employer that violates Rule 69A-62.031, F.A.C., (right of entry) is subject to criminal

prosecution pursuant to Section 633.815, F.S. (2003), and to administrative prosecution under the Act. (7) The division has authority to seek remedies, including injunctive relief, by making appropriate

filings with the Circuit Court of the Second Judicial Circuit (Leon County) to assure compliance with the Act or division rule or order.

(8) The firefighter employer may request mitigation of the penalty by filing a written request for mitigation with the division. The division shall determine whether to mitigate a penalty after considering:

(a) The knowledge of the firefighter employer of the violation or whether the firefighter employer ought to have known of the violation with due diligence;

(b) The remedial action taken by the firefighter employer in good faith to correct the violation or violations cited;

(c) The promptness of the firefighter employer’s remedial action to correct the violation or violations cited; and

(d) The demonstrated commitment by the firefighter employer to avert recurrence of the violation or violations and to assure future compliance with the Act and division rules.

(9) A firefighter employer shall be assessed a penalty which must be paid to the division within 30 days of the issuance date of the Notice assessing a penalty. The payment must include the case file number and penalty number(s) specified on the Notice assessing a penalty. Penalty payments shall be addressed to: Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340. The division shall deposit all penalties collected in the Florida Insurance Regulatory Trust Fund.

(10) The notice assessing a penalty shall be final agency action and shall be subject to Chapter 120, F.S. (2003).

Specific Authority 633.811 FS. Law Implemented 633.811 FS. History–New 9-6-04.

69A-62.040 Definitions.

Part IV of this rule chapter incorporates by reference the definitions for “accident” and “injury” contained in Section 440.02, F.S. (2003), and the definition of “occupational disease” contained in Section 440.151(2), F.S. (2003). Furthermore, with respect to Part IV, the following definitions apply:

(1) “Calendar year” means a given twelve-month period that begins on January 1 and ends on December 31.

(2) “Firefighter employee representative” means a firefighter employee chosen to serve on a safety committee, who does not normally serve in a supervisory capacity.

(3) “Fatality” means a firefighter employee death that occurs as a result of workplace injury, illness, or occupational disease, and includes a firefighter employee death that results from workplace injury, illness, or occupational disease within one year of its report to the Division of Workers’ Compensation of the Department of Financial Services.

(4) “Hazard” means the risk of exposure to materials, processes, or operating procedures or practices that can produce injury, illness, occupational disease, or fatality.

(5) A firefighter employer “identified” means a firefighter employer identified by the division as having three or more compensable injuries in the period of three calendar years immediately preceding adoption of the rule chapter, or thereafter in the most recent period of three calendar years.

(6) “Incidence Rate” or “Frequency rate” shall be determined by the method described in Rule 69A-62.023, F.A.C.

(7) “Illness” or “occupational illness” means any abnormal condition or disorder, other than one resulting from an injury, caused by exposure to environmental factors associated with employment. Illness includes acute and chronic illnesses or diseases caused by inhalation, absorption, ingestion, or direct contact with an environmental factor.

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(8) “Safety committee,” “workplace safety committee,” or “committee” means a group of firefighter employer and firefighter employee representatives organized pursuant to this rule chapter that actively participates in accident prevention and that recommends improvements and promotes safety and health in the workplace. The committee is permitted to be part of a government wide unit (municipality, county, or special district) workplace safety committee provided that the requirements herein specified are met.

(9) “Safety-related incident” means a condition, event, or series of events that indicates the existence or occurrence of a hazard, regardless of whether the incident contributes to an injury, illness, occupational disease, or fatality.

(10) “Safety program” means a particular written safety and health program, implemented by a firefighter employer, that:

(a) Provides the means to eliminate, reduce, or control recognized hazards in the work or workplace; (b) Provides the means to eliminate, reduce, or control the frequency or severity of workplace injuries

and occupational diseases; (c) Is specific to the work being performed; (d) Is specific to the environment where the work is being performed; and (e) Is easily understood by firefighter employees. (11) “Scheduled meeting” means a convening of a safety committee after reasonable notice to its

members and publication of an agenda of subjects to be addressed. (12) “Workplace” means the physical location in Florida where firefighter employees perform their

duties, and includes the scene of a fire and any other emergency incident scene. (13) “Workplace safety coordinator” means a person designated by the firefighter employer who

actively participates in accident prevention, recommends improvements, and promotes safety and health in the workplace. In the same manner as subsection (8) above, the workplace safety coordinator is permitted to be a government entity-wide position.

Specific Authority 633.810 FS. Law Implemented 633.810 FS. History–New 9-6-04.

69A-62.041 Scope.

Except as provided in Rule 69A-62.042, F.A.C., Part IV, of this rule chapter applies only to a firefighter employer of twenty or more firefighter employees or to a firefighter employer of fewer than twenty firefighter employees that the division “identified.”

Specific Authority 633.809 FS. Law Implemented 633.809 FS. History–New 9-6-04.

69A-62.042 Firefighter Employer Requirements. (1) A firefighter employer shall establish, maintain, and administer a safety committee in the

workplace. A firefighter employer of fewer than twenty firefighter employees may appoint a Safety Coordinator in lieu of a Safety Committee.

(a) The firefighter employer shall determine the total number of members that serve on the safety committee; determine the length of tenure for all members of the safety committee; and ensure that the number of firefighter employer representatives shall not exceed the number of firefighter employee representatives.

(b) The firefighter employer shall identify the firefighter employee representatives for the safety committee from firefighter employees who are volunteers or who are elected from their co-workers. When sufficient firefighter employee representation is not otherwise met, the firefighter employer shall select and appoint firefighter employees to the committee. If a collective bargaining agreement provides for the establishment of a safety committee, the establishment of the safety committee pursuant to this section shall be in accordance with the collective bargaining agreement.

(c) The firefighter employer shall ensure that the safety committee convenes in accordance with the following protocol:

1. The committee shall convene its first scheduled meeting not more than forty-five days after the date of its inception.

2. Thereafter, the committee shall convene its scheduled meetings at least once each quarter during the

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calendar year and at such other times as a majority of the committee membership agrees or the firefighter employer requires.

(d) The firefighter employer shall consider and issue a timely written response to each written recommendation of the safety committee issued.

(e) The firefighter employer shall maintain complete and accurate minutes of committee meetings and communicate the location and availability of the minutes to all firefighter employees. Safety committee records, or true copies thereof, shall be maintained by the firefighter employer for a period of not less than three calendar years.

(f) The firefighter employer shall maintain and administer a safety committee by assuring that the committee complies with these rules.

(2) If the firefighter employer operates multiple workplaces that are geographically separated, the firefighter employer is permitted to have a centralized safety committee represent the safety and health concerns of all the locations, or, alternatively, the firefighter employer is permitted to have a separate safety committee at each location.

(3) A firefighter employer of fewer than twenty firefighter employees that the division “identified” as having a high frequency rate for injuries shall establish and administer a workplace safety committee or designate a workplace safety coordinator.

Specific Authority 633.810 FS. Law Implemented 633.810 FS. History–New 9-6-04.

69A-62.043 Duties and Functions of the Safety Committee and Workplace Safety Coordinator. (1) The safety committee, under the direction of the firefighter employer, shall: (a) Establish and communicate procedures for conducting internal safety inspections of the workplace.

When approved by the firefighter employer, these procedures shall be used to evaluate the effectiveness of engineering, administrative, and personal protective control measures provided by the firefighter employer to protect firefighter employees from recognized hazards in the work and work environment;

(b) Establish and communicate procedures approved by the firefighter employer by which the firefighter employer shall investigate all workplace accidents, safety-related incidents, reportable injuries, illnesses, diseases, and fatalities;

(c) Evaluate the effectiveness of and recommend improvements to the firefighter employer’s safety rules, policies, and procedures for accident and illness prevention programs in the workplace and, when approved by the firefighter employer, ensure that written updates and changes to rules, policies, and procedures of the safety programs are completed;

(d) Establish and communicate guidelines for the training of members on the requirements of this rule chapter;

(e) Post the scheduled date, time, and location of committee meetings in a conspicuous place where firefighter employees normally gather;

(f) Provide minutes of the committee meetings in a conspicuous place where firefighter employees normally gather and provide a copy thereof to individual firefighter employees upon written request; and

(g) Retain in the workplace all original written communications between the firefighter employer and the committee, or true copies thereof, for a period of not less than three calendar years.

(2) A majority of the members which shall constitute a quorum of the membership of a committee is required before official business may be transacted at a meeting.

(3) A committee organized pursuant to this rule chapter shall operate solely for the purposes required herein and may not substitute as a collective bargaining representative of firefighter employees on unrelated matters.

(4) The workplace safety coordinator, under the direction of the firefighter employer, shall: (a) Establish and communicate procedures for conducting internal safety inspections of the workplace.

When approved by the firefighter employer, these procedures shall be used to evaluate the effectiveness of engineering, administrative, and personal protective control measures provided by the firefighter employer to protect firefighter employees from recognized hazards in the work and work environment;

(b) Establish and communicate procedures approved by the firefighter employer by which the firefighter employer shall investigate all workplace accidents, safety-related incidents, injuries, illnesses,

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diseases, and fatalities; (c) Evaluate the effectiveness of and recommend improvements to the firefighter employer’s safety

rules, policies, and procedures for accident and illness prevention programs in the workplace and, when approved by the firefighter employer, ensure that written updates and changes to rules, policies, and procedures of the safety programs are completed; and

(d) Seek the input of firefighter employees in complying with the responsibilities of this section.

Specific Authority 633.810 FS. Law Implemented 633.810 FS. History–New 9-6-04.

69A-62.044 Firefighter Employer Evaluation by the Division. (1) The division is permitted to conduct an evaluation of a firefighter employer to assure compliance

with the provisions of this rule chapter. (2) Firefighter employers subject to an evaluation by the division shall: (a) Meet with a representative of the division; (b) Assign a contact person to work with the division representative; and (c) Provide requested information pertaining to firefighter employer responsibilities specified in this

rule chapter. (3) The evaluation of a firefighter employer shall be conducted at the firefighter employer’s place of

business.

Specific Authority 633.810 FS. Law Implemented 633.810 FS. History–New 9-6-04.

69A-62.045 Penalties.

A firefighter employer who violates the Act, any provision of this rule chapter, or any lawful order of the division is subject to penalties authorized by the Act.

Specific Authority 633.810 FS. Law Implemented 633.810, 633.811 FS. History–New 9-6-04.

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69A-63

THE ARSON LABORATORY

69A-63.001 Bureau of Forensic Fire and Explosives Analysis Requirements and Procedures for Submission of Evidence.

(1) Evidence will be accepted from public law enforcement agencies and fire service agencies in matters related to criminal investigations. Other evidence is permitted to be accepted from other public agencies in special circumstances, but must be approved by the laboratory supervisor. The criteria that will be considered for approval are the urgency of the evidence submitted, the use to which the evidence will be put after analysis, the importance of the evidence, and any other relevant factor bearing on the need for the laboratory to analyze the evidence.

(2) The following are requirements for packaging samples. (a) Containers – general considerations. The essential properties of the containers are that they must be

unused, airtight, clean, with no hydrocarbon or other chemical residue, and inert so that they will not break down when heated or in contact with solvents.

(b) A properly packaged container satisfies the following criteria: 1. It seals the sample so that any trace volatile ignitable liquids are contained. 2. It avoids contamination from one sample to another. 3. It protects the chain of custody for the collected material. (c) The seals must meet the following requirements: 1. A clean seal is essential. For cans, clean the “V” channel of the can rim before placing the lid on the

can. 2. Containers must be completely sealed to prevent any passage of vapors or contaminants into or out

of the container. Can lids must be tight all the way around. 3. For approved plastic bags, they must be heat sealed completely with no flaws in the seam. 4. Tamper evident tape, also referred to as tamper proof tape, must be placed across the container

lid/seam in such a manner that the item cannot be partially or completely opened without tearing the tape. 5. Seals and Tape must be initialed or signed by the investigator of record. The date of the seal must

also be included. (d) The following requirements apply to the container types as indicated. 1. Metal cans: a. Only clean, non-rusted, containers shall be used. Use unused metal cans with tight fitting lids. Cans

with lids that do not fit or holes rusted through shall be returned. b. To combat rusting, it is permissible to use epoxy lined cans. Can linings other than epoxy must not

be used until after the laboratory has tested a sample for the presence of interferences. c. Submit an unused comparison can when lined cans are used. d. Do not refer to cans as “paint cans” on official forms, since they did not hold paint. They shall be

referred to as “metal cans.” 2. Plastic Bags: a. The only plastic bags acceptable for evidence submitted to the Fire and Arson Laboratory are: I. KAPAC® polyester bags. II. SOPLARIL® polyamide (nylon 11) bags. III. Grand Rivers Products (nylon 6) bags.

All other plastic bags submitted shall be returned. b. Such plastic bags are permitted to be used after consultation with the laboratory and only with

samples of a size or shape that will not fit into a metal can. c. Avoid puncture. Punctured bags shall be returned. d. Due to a reformulation by the manufacturer, KAPAC® bags manufactured in 1987 or before shall

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not be used. e. Plastic bags shall not be left in a hot area (such as a car’s trunk) for any extended period of time, and

in no case longer than one month. Doing so increases the potential that certain chemicals will bleed off the plastic and allow it to crack.

3. Glass jars: a. Teflon® lined caps shall be used. Non Teflon® seals that are in contact with solvent may dissolve

and contaminate samples. b. Each jar must be precleaned and, if possible, certified free from hydrocarbon residue. c. Care must be used in the storage and transport of glass jars because they are breakable. (e) The following containers are unsuitable and shall not be used: 1. Paper bags. 2. Plastic containers, including cans with plastic lids, gaskets, or plastic bags. 3. Previously used containers, such as pickle jars, which could contain traces of a contaminating

substance. 4. Containers that may be contaminated by manufacturing process residues. 5. Nylon bags other than SOPLARIL® or Grand River Products unless the lab has tested the item.

To test other products for contamination, contact the Arson Laboratory at (850) 539-8446. (3)(a) Following are the general submission and shipping requirements. 1. Place only one case in each box. Placing several samples in plastic bags or small vials in one large

container can lead to cross-contamination. Items packaged together in this manner will be treated as a single submission.

2. Use plain boxes. a. Labels shall not state or imply that the box contains specific ignitable liquids unless they are

standards for comparison. b. Do not write anything that is not specific to the case. c. Boxes returned by the laboratory shall not be used. 3. Do not delay in shipping the evidence to the laboratory. The time between the fire, sealing of the

evidence in the container, and shipping to the laboratory can affect the laboratory’s ability to recover any ignitable liquid residues. Collect and send the samples as soon as possible.

4. With debris samples, do not fill the container to more than 75% of capacity. Each can shall not contain more than 75% of the can’s capacity. The method used in the laboratory for recovering ignitable liquid residues requires an adequate headspace above the debris for the volatilization of trace ignitable liquids. If the can is too full, the quality of the analysis will suffer.

5. Liquid samples must be placed in clean glass vials with screw-on lids. Do not use rubber stoppered serum vials. Do not fill the container more than 50% full. Do not send more than one-half a fluid ounce (15 milliliters) of a suspected petroleum product to the laboratory. Add sufficient absorbent material such as paper towels or gauze pads to the liquid sample in the vial to take up the free liquid.

6. Seal the vial lid. Do not use paraffin to secure the lid. Tamper evident tape shall be used whenever possible. Then package the vial with additional absorbent material on the outside of the vial and sealed inside a pint or quart can.

7. Submit comparison samples of any absorbent material used to absorb free liquids. 8.a. Cans and containers found on the scene shall have any liquid removed. If the liquid is suspected of

being an ignitable liquid, follow the instructions in subparagraph 5. above. Seal the holes on the container with a cork stopper and tape over, then place the evidence into an approved container of appropriate size.

b. CAUTION: If the can is suspected to have fingerprints, do not use a plastic bag. Package it in the following manner (which is Instruction Number 3 of the Federal Bureau of Investigations Handbook of Forensic Services, Evidence Submission, Packaging and Shipping Evidence, located at http://www.fbi.gov/hq/lab/handbook/submissn.htm):

(I) Place nonporous evidence in individual protective coverings such as thick transparent envelopes or suspend in a container so that there is minimal surface contact.

(II) Place porous evidence in individual protective coverings such as paper envelopes. Stabilize the evidence to avoid movement or friction during shipment.

c. The packaging in b.(I) and b.(II) above will not be appropriate for ignitable liquid analysis. d. It is the investigator’s responsibility to choose the forensic method that would provide the best

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evidence. 9. Tissue and body parts should be preserved only by freezing the sample. Caution the coroner or

medical examiner that you do not want any preservatives placed on the tissue. Contact the laboratory BEFORE shipping. The tissue should first be frozen and packed in a sealed ice chest. Water Ice and Dry Ice are not recommended as there are distinct shipping issues with either. Freezing followed by overnight hand or courier delivery allows the frozen items to slowly thaw. They will then be ready for analysis when they arrive at the laboratory.

10. Body parts or other items contaminated by bodily fluids such as a victim’s or suspect’s clothing shall be prominently labeled as containing a BIOHAZARD before shipping to the laboratory.

11. Once the sample has been selected and placed in a container, seal the container tightly so as to remove the possibility of the evaporation of any ignitable liquid residues or the contamination of the evidence sample.

12. Mark the outside of the container with the investigator’s initials, the incident location, the investigator’s agency case number, the contents, and the location where found. This information may be placed either on an evidence label or written directly on the container’s surface using a permanent waterproof marker. Other valuable information that may be included are the incident date, the date and time the sample was collected, and the exhibit number. Be certain to leave some room on the container for the laboratory to place its own markings.

(b) The following procedures are applicable to shipping flammable liquids. 1. Packaging for flammable liquids. a. The laboratory recommends that you ship all known flammable liquids under the FedEx Excepted

Quantities guidelines or a similar service. b. Do not ship more than 30 ml (1 oz.) per vial or no more than 500 ml (16.6 oz.) per box. c. Each vial must be packed in a metal can with surrounding packing material. d. Each can in the box must also have surrounding packing material. e. The airbill must be marked for overnight express and for dangerous goods, shipper’s declaration not

required. f. The outside of the box must be labeled with an excepted quantities label. g. The label must be marked with the appropriate class. Nearly everything sent to the lab will be a class

3. h. The label must also have the appropriate UN or ID number as well: I. Petroleum Distillates UN 1268. II. Gasoline UN 1203. III. Kerosene UN 1223. IV. For all other UN numbers, call the laboratory for assistance. (4) The following are requirements for transportation of evidence to the laboratory: (a) Regardless of the method of delivery used, insure that the requirements for a proper chain-of-

custody are fulfilled. (b) Hand Delivery. The laboratory is open between 8:00 am to 5:00 pm, Monday through Friday, and

any person hand delivering samples must plan to arrive within those time periods. If, due to unusual circumstances, evidence cannot be delivered within those time periods, call the laboratory at (850) 539-8446 to make alternative arrangements. When evidence is brought in, one of the Laboratory’s evidence submission forms must be completed.

(c) Courier. A completed evidence submission form must accompany the evidence. Only carrier services which provide for positive tracking or a return receipt should be used (example: United Parcel Services, Federal Express, Purolator, United States Postal Service, Airborne). Evidence must be traceable through the carrier such as having a certified or registered mail receipt number or a similar means of positively tracking the parcel.

(d)1. The Evidence Submission Form. By completely and properly filling out the submission form, Form DFS-K5-1096, Revised 06/03, which is hereby adopted and incorporated by reference, the investigator is documenting all the information necessary for the laboratory to track and process the case. Form DFS-K5-1096 also provides a chain of custody for the evidence’s receipt and return. This laboratory uses a computerized laboratory information management system. Because of this, there are certain items of information that are required to properly log the case. The following information is provided with respect to

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the evidence form. Please refer to Form DFS-K5-1096. 2. Form DFS-K5-1096 may be obtained by writing to the Arson Laboratory at 38 Academy Drive,

Havana, Florida 32333. 3. Mark the appropriate box to indicate whether this is a new case or additional evidence to an older

one. If this is an additional submission to an older case, include the case number of the older case. 4. Lab Number. Leave this space blank unless an addition to a previous submission is being sent and

the old laboratory case number is known. Otherwise, a laboratory case number will be assigned by the laboratory.

5. Agency Number. Provide the investigator’s agency number for the case, if any. This is a necessary identifier for the laboratory’s database.

6. Submitting Agent. Provide the first and last name of the individual to whom all communications regarding the case is to be directed. Also indicate alternate submitters in this area, otherwise information will only be released to the listed agent.

7. Agency. Provide the name of the agency by whom the submitting agent is employed. 8. Telephone Number. Provide the submitting agent’s full telephone number, including the area code

and/or extensions. SUNCOM numbers may be included but are not required. 9. Agency Address. Provide the complete address including the street, city, and zip code of the agency

location where reports and evidence may be shipped. 10. Property Owner/Occupant. Provide the full name of the owner or occupant of the item or property

involved in the incident. If this information is undetermined, write “UNKNOWN” in the space. If the owner or occupant becomes known at a later date, contact the laboratory so that the laboratory can update its records.

11. Incident Address. Provide the full address of where the incident occurred or where the evidence was taken. Include street address, city or village, and zip code. If it is a fire involving a movable object such as a car, boat, or motorcycle, give a description of where the property was found.

12. Nature of Incident. Provide the nature of the incident, such as “suspicious fire of a dwelling,” “business fire,” “automobile fire,” “criminal damaging.”

13. Date. Provide the date the incident occurred. 14. List of laboratory tests. This is the list of the tests to be performed by the Fire and Arson

Laboratory. Use the letter code beside them to designate the test or tests requested on the “List of Evidence Submitted.” (A) “Determine presence and/or identity of ignitable liquid residues.” The code A in the “list of evidence submitted” indicates that you want the analyst to determine if an ignitable liquid is present in that particular sample. (c) “Comparison Sample.” Should be unburned material from the fire scene of the same matrix as the suspect sample and which the investigator is relatively certain contains no ignitable liquid. It may also be a known liquid or other material, obtained by the investigator, to be compared with the unknown. (HO) “Hold Only – No Test Requested.” Items the investigator does not need to have tested, but which he/she wishes to maintain with the other evidence to preserve the chain-of-custody. (O) “Other Requests.” Other tests on the evidence that may be required. This must be explained in the remarks section or cleared by an analyst before being used. These requests may require the laboratory to send the evidence to a different laboratory. Please call the laboratory prior to using this designation. (F) “Flash Point Determination.” In certain cases with liquids that cannot be identified by the laboratory’s normal methods, a characterization of the Flash Point of the material may be useful. Be advised that 50 ml of free liquid is required to do a flash point determination. This presents issues as to the proper shipping of any material with this request. (CRB) “Chemical Reaction Bomb.” A battery of tests will be conducted to ascertain if the item and materials submitted contain components or residues of chemical reaction/pop bottle bombs. (E/I) “Explosives/Incendiaries.” A battery of tests to determine the presence and identity of un-reacted materials or the presence of residues consistent with explosives or incendiaries. (P) “Prints.” Using chemical methods, examine items for the presence of latent fingerprints. Lift and hold for submission to FDLE for comparison with known prints.

15. List of Evidence Submitted. Provide a complete description of each item of evidence including container, contents, and location obtained. Use only one line for each piece of evidence. Do not refer to

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suspect liquids by name such as gasoline or kerosene unless the investigator personally purchased the liquid. The laboratory recommends that it simply be called a liquid.

16. Tests. Indicate the test letter code pursuant to subparagraph 14. to be performed on each item submitted. Typically, only one test per item will be indicated.

17. Chain of Custody. This area will show the chain of custody of the evidence from the time it is collected, through submission to the laboratory, to the time it is either returned or stored by the laboratory.

18. Agent. Provide the name of the individual initiating an action. 19. Transfer. Provide the action taken, for example, “sent to lab,” “received by lab.” 20. Date/time. Provide the date and time of the action. 21. Remarks – This space is for explanations or additional comments by the submitting agent about the

case. These can often help the analyst in examining the investigator’s case. For example, if a canine team was used to assist in the sample selection, this would be an appropriate place to note that fact. This is where the submitter would request the case to be a RUSH case. A reason must be given and the investigator must be available for results. The criteria that the laboratory will consider in making a case a RUSH consists of the following:

a. Fatality. If a fatality occurred in the fire it should have rush priority. b. Injured victims or firefighters. Victims or firefighters injured in any phase of the fire including

suppression, investigation, or clean-up. c. Major fires with significant dollar losses. d. The suspect is in custody. 22. Received Via and Disposition Status. This area will be used by the laboratory to note the method of

receipt, courier ID, or disposition of the evidence. (5) Sample Disposition. (a) The room available in the Laboratory’s evidence storage area is limited. All case samples submitted

by agencies outside of the Division of State Fire Marshal will be returned to the submitter. Case samples submitted by Division of State Fire Marshal’s Bureaus will be placed in the Laboratory’s long term storage area. Evidence held in the Laboratory’s long term evidence storage area will be reviewed periodically. The laboratory requires the investigator’s permission to dispose of evidence. A form letter will be sent to the investigator either electronically or by mail. If after six months the laboratory has not received notification from the investigator, the laboratory will contact the investigator as to the disposition of the evidence.

(b) While evidence from homicides should be held indefinitely, evidence that is negative or which will not be part of a criminal prosecution should be either destroyed or returned to the owner. Evidence that will not be used in a criminal prosecution, but may have value in a civil action should not be held by the laboratory, but should be shipped to the owner of record such as the homeowner or the insurance company. Only through the active assistance of the investigators of the Bureau of Fire and Arson Investigations can we ensure that adequate storage space is maintained at the laboratory.

(c) Most metal cans decompose and rust through after a short period. The evidence placed in them would thus have no appreciable value. Evidence of no appreciable value may be destroyed sixty days after the conclusion of court proceedings under Section 705.105, F.S.

(d) The laboratory’s preparation process extracts any ignitable liquid from the debris. This extract is held on a carbon membrane. After analysis this membrane is stored and the extract may be re-constituted. The strip then becomes the “evidence” with value. The laboratory will hold the carbon strips associated with each case sample for a minimum of five years.

(6) Public Records. Notwithstanding any other provision of this rule, any evidence referred to in this rule which constitutes a public record as defined in Section 119.011(1), F.S., shall be maintained in accordance with the retention schedule of the Department of Financial Services, which has been submitted to the Department of State for review and approval, and which has been reviewed and approved by the Department of State, all pursuant to Section 257.36(6), F.S., and Rules 1B-24.001 and 1B-24.003, F.A.C.

Specific Authority 633.01(1) FS. Law Implemented 633.011, 633.03 FS. History–New 7-13-03, Formerly 4A-63.001.

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69A-64

FIREFIGHTERS DEATH BENEFITS

69A-64.001 Scope. These rules apply to each employer as defined herein.

Specific Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.001.

69A-64.002 Definitions.

For purposes of this rule chapter, the following words or terms found in this rule chapter or in Section 112.191, F.S., have the following definitions.

(1) “Department” means the Department of Financial Services. (2) “Division” means the Division of State Fire Marshal. (3) “Engaged in the performance of his or her firefighter duties” means that the firefighter is or was in

the process of, or in the act of: (a) Engaging in any activity which is within the firefighter’s job or position description or scope of

employment, regardless of whether the firefighter was actually “on duty” at his or her place of employment or not; or

(b) Responding to any emergency or reasonably believing that he or she is responding to an emergency; or

(c) Fighting a fire or engaging in any emergency life or property saving activity; or (d) Returning from responding to any emergency or from having reasonably believed that he or she

was responding to an emergency. (4) “In the line of duty” means engaged in the performance of his or her firefighter duties, as defined in

this section. (5) “Which has been determined to have been caused by an act of arson” means that the Division of

State Fire Marshal or any other investigating agency having jurisdiction to investigate fires and arson such as the local law enforcement authority or the local fire department has made a determination that the fire was caused by an act of arson, as contemplated by Section 806.01, F.S. It is not necessary to prove beyond a reasonable doubt in a court of law that an act of arson was committed, or was committed by a specific person. Nothing in this rule chapter is intended to, or does, limit any portion of Section 112.191, F.S., in any manner with respect to benefits payable under any other standard set forth therein.

Specific Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.002.

69A-64.003 Ability to Pay Benefits. (1) Each employer shall maintain an ability to pay the benefits provided under Section 112.191, F.S. (2) Each employer shall, at request of the Division, provide the Division with evidence of such ability

to pay benefits.

Specific Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.003.

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69A-64.004 Designation of Beneficiary or Beneficiaries. (1) Each firefighter who has a beneficiary or beneficiaries who may become eligible for payments

under Section 112.191, F.S., shall file with his or her employer a designation of beneficiary or beneficiaries.

(2) Each employer shall maintain in its possession such designation of beneficiary or beneficiaries until the subject firefighter is no longer associated in any manner with such employer.

Specific Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Formerly 4A-64.004.

69A-64.005 Adjustments to Reflect Consumer Price Index. (1) Section 112.191, F.S., requires that the Division adjust the statutory amount payable based on the

Consumer Price Index for all urban consumers published by the United States Department of Labor. The adjustment is to be effective on July 1 of each year using the most recent month for which data is available as of the time of the adjustment.

(2) The amounts payable for the period from July 1, 2007 through June 30, 2008, using the Consumer Price Index for all urban consumers published by the United States Department of Labor for March, 2007, which is the most recent month for which data is available as of the time of the adjustment, are:

(a) For those benefits paid or to be paid under paragraph (a) of subsection (2) of Section 112.191, F.S.: $57,759.00.

(b) For those benefits paid or to be paid under paragraph (b) of subsection (2) of Section 112.191, F.S.: $57,759.00.

(c) For those benefits paid or to be paid under paragraph (c) of subsection (2) of Section 112.191, F.S.: $173,278.31.

Specific Authority 112.191 FS. Law Implemented 112.191 FS. History–New 3-13-03, Amended 7-10-03, Formerly 4A-64.005, Amended 7-13-04, 6-30-05, 8-1-06, 4-7-08.

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69A-66

FLORIDA FIRE INCIDENT REPORTING SYSTEM

69A-66.001 Florida Fire Incident Reporting System (FFIRS), in General. (1) The purpose of these rules is to establish standards and procedures for fire department reporting of

fire incidents to the Division of State Fire Marshal. (2) The standards and procedures contained in these rules apply to the Division of State Fire Marshal

and to each fire department in the State of Florida participating in the Florida Fire Incident Reporting System (FFIRS) program.

(3) The Division of State Fire Marshal manages FFIRS, which is a means for fire departments to report and maintain computerized records of fires and other fire department incidents in a uniform manner. FFIRS is operated in conjunction with the National Fire Incident Reporting System (NFIRS). By participating in the FFIRS program, fire departments become a part of the cooperative effort among fire organizations to make Florida a safer state.

(4) These rules are minimum requirements and do not preclude a fire protection agency from implementing its own requirements which shall not conflict with these rules.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

69A-66.002 Definitions.

For purposes of these rules unless the context clearly requires otherwise, the following word or term has the following meaning.

(1) “Florida Fire Incident Reporting System,” or “FFIRS,” means the Florida statewide fire data information system that resides within the Division of State Fire Marshal, Department of Financial Services. FFIRS works in collaboration with NFIRS to report and analyze fire incidents.

(2) “National Fire Incident Reporting System,” or “NFIRS,” means an information system initiated and supported by the United States Fire Administration (USFA). NFIRS was developed as a means to gather and analyze information on the magnitude of the nation’s fire problem, as well as its detailed characteristics and trends.

(3) “Codes” means a series of basic phrases with code numbers used to describe fire incidents in the NFIRS/FFIRS program. The descriptive phrases were developed and made available by the National Fire Protection Association (NFPA) Standard 901, the Uniform Coding for Fire Protection, 1976 edition, the 1981 codes for Fire Service Casualty Reporting, and the 1990 codes for Hazardous Materials Reporting. The National Fire Protection Association (NFPA) Standard 901, The Uniform Coding for Fire Protection, 1976 edition, the 1981 codes for Fire Service Casualty Reporting, and the 1990 codes for Hazardous Materials Reporting are not adopted in these rules, but are provided for reference and informational purposes only.

(4) “Codes Training” means instruction on the series of basic phrases with code numbers that are used to describe fire-related incidents in NFIRS/FFIRS.

(5) “USFA NFIRS 5.0 Software” means software provided free to fire departments throughout the United States to manage fire data. The USFA, in partnership with the National Fire Information Council (NFIC), developed the software.

(6) “Third Party Vendor Software” is NFIRS/FFIRS compatible software that is marketed and sold to fire departments by private vendors.

(7) “Fire Protection Agency” means any local, state, state agency, or special fire department in the state responsible for municipal or county fire protection as recognized by the appropriate municipal,

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county, or special fire control district or the state. A fire protection agency has the same intent and purpose as a fire department as defined in subsection 69A-62.001(4), F.A.C., or fire district, which is of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection and saving of life and property against fire, explosions, and other hazards, the prevention and extinguishment of fires, and the enforcement of municipal, county, and state fire prevention codes, as well as of any law pertaining to the prevention and control of fires and hazardous materials incident mitigation.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

69A-66.003 Training. (1) USFA NFIRS 5.0 Software Training is instruction on data entry, reporting, analysis, maintenance,

and the submission of fire incident information. The training is coordinated and presented by the FFIRS Section to fire department personnel.

(2) Fire departments may contact the FFIRS Section at [email protected] or call the FFIRS Section at (850)413-3171 to request a training class.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

69A-66.004 Submission of Fire Incident Data.

Data may be submitted to the FFIRS Section using the following methods: (1) Fire departments using the Federal Client Tool in an on-line capacity must enter and save their data

from their department’s personal computers directly into the NFIRS database. Fire departments using the Federal Client Tool in an off-line capacity must enter and save their data on their department’s personal computers but must forward it to the FFIRS Section by e-mailing the report as an attachment to [email protected], or saving it to a compact disk or diskette and mailing it to the FFIRS Section for the data to be imported into the NFIRS database.

(2) Fire departments using third party vendor software must enter the data directly into their department’s computers using this software. For the data to be imported to the NFIRS database, the reports must be either e-mailed as an attachment to [email protected], or saved to a compact disk or diskette and mailed to the FFIRS Section.

(3) Fire departments using the Federally Contracted 4.1 software, or software compatible to that program, must enter and save the data on their department’s computer and forward the reports to the FFIRS Section either by e-mailing the reports as an attachment to [email protected], or saving the reports to a compact disk or diskette and mailing it to the FFIRS Section.

(4) Fire departments without capability to submit under subsection (1), (2), or (3) are permitted to submit paper reports to the FFIRS Section for those reports to be keyed by FFIRS staff for uploading to the NFIRS database. These reports are to be mailed to the FFIRS Section, Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340.

(5) Annual Summaries are a standardized form which may be completed and forwarded to the FFIRS Section by Fire Departments. The use of Summaries is discouraged because the summary does not give specific fire related data and also because it does not comply with Federal Grant responsibilities or allow for entry into the NFIRS database.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

69A-66.005 Submission Deadlines for Fire Incident Data. (1) Each department shall submit their data on a monthly basis. Fire incident data is due by the 15th of

the following month. For example, January fire incident data is due by February 15. (2) To be included in the annual report of fire and non-fire incidents, yearly data must be submitted

from fire departments by April 30 of each year.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

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69A-66.006 Reporting. (1) The State Fire Marshal’s Annual Report, “Florida Fires,” is developed from the compiled fire data

submitted by Florida fire departments. It is available via the Internet at www.fldfs.com/State Fire Marshal/, or it may be obtained by contacting the FFIRS Section in care of the Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340.

(2) Web Based Reports. All Florida fire departments participating in the FFIRS program are able to generate statistical reports via the internet at www.nfirs.fema.gov.

(3) Requested Reports. Florida fire departments are permitted to request statistical reports from the FFIRS Section.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

69A-66.007 Fire Department Identification (FDID) Number. (1) The Fire Department Identification Number, or FDID number, is a unique five-digit identifier

assigned by the FFIRS Section to identify a particular fire department within the state. This identifier may also identify the county, fire district, or other jurisdiction in which the fire department is located.

(2) The purpose of the FDID number is to identify incident data collected and reported by individual departments. Feedback on local or regional incident experience can then be prepared and sent to an individual agency or a specific fire department.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.

69A-66.008 Forms. (1) The Division hereby adopts and incorporates by reference the following forms: (a) Form DFS–K0-1078 (Rev. 7/05), “Florida Fire Incident Report.” (b) Form DFS–K0-1661 (Rev. 10/05), “Florida Fire Service Casualty Report,” (902G NFIRS-3). (c) Form DFS-K0-1662 (Rev. 10/05), “Florida Casualty Report,” (902G 1/80 Layout 2). (2) The forms adopted in subsection (1) can be viewed or obtained by contacting the FFIRS Section,

Division of State Fire Marshal, 200 East Gaines Street, Tallahassee, Florida 32399-0340, phone: (850)413-3171.

Specific Authority 633.01, 633.115 FS. Law Implemented 633.115 FS. History–New 2-8-06.


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