GROUP II
COMPLIANCE ECONOMIC REVIEWS
Pursuant to Section 120.745(5), Florida Statute
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
APRIL 2013
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State Fire Marshal
OVERVIEW OF PROCESS TO DETERMINE WHICH RULES NEED A COMPLIANCE
ECONOMIC REVIEW
1. Statutory Mandate
The Division of the State Fire Marshal is statutorily directed to adopt the Fire Prevention Code,
inclusive of the provisions of the Life Safety Code, on a triennial basis. These legislatively
mandated directives, accompanied with the authority to adopt implementing rules, are found in
the following sections of law:
633.01 State Fire Marshal; powers and duties; rules
(1) The Chief Financial Officer is designated as "State Fire Marshal." The State Fire Marshal has
authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this
chapter conferring powers or duties upon the department. Rules shall be in substantial conformity with
generally accepted standards of firesafety; shall take into consideration the direct supervision of children
in nonresidential child care facilities; and shall balance and temper the need of the State Fire Marshal to
protect all Floridians from fire hazards with the social and economic inconveniences that may be caused or
created by the rules. The department shall adopt the Florida Fire Prevention Code and the Life Safety
Code.
(2) Subject to the limitations of subsection (1), it is the intent of the Legislature that the State Fire
Marshal shall have the responsibility to minimize the loss of life and property in this state due to fire. The
State Fire Marshal shall enforce all laws and provisions of this chapter, and any rules adopted pursuant
thereto, relating to:
(a) The prevention of fire and explosion through the regulation of conditions which could cause fire or
explosion, the spread of fire, and panic resulting therefrom;
(b) Installation and maintenance of fire alarm systems and fire protection systems, including fire
suppression systems, fire-extinguishing equipment, and fire sprinkler systems;
(c)1. Servicing, repairing, recharging, testing, marking, inspecting, installing, maintaining, and tagging of
fire extinguishers, preengineered systems, and individually designed fire protection systems;
2. The training and licensing of persons engaged in the business of servicing, repairing, recharging,
testing, marking, inspecting, installing, maintaining, and tagging fire extinguishers, preengineered systems,
and individually designed fire protection systems;
(d) The maintenance of fire cause and loss records; and
(e) Suppression of arson and the investigation of the cause, origin, and circumstances of fire.
(3) The State Fire Marshal shall establish by rule guidelines and procedures for triennial renewal of
firesafety inspector requirements for certification.
(4) It is the intent of the Legislature that the rules promulgated by the State Fire Marshal pursuant to this
section be enforced in such a manner as to prohibit the displacement of currently placed mobile homes
unless there is a threat of imminent danger to the health, safety, or welfare of the general public.
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(5) It is the intent of the Legislature that there are to be no conflicting requirements between the Florida
Fire Prevention Code and the Life Safety Code authorized by this chapter and the provisions of the Florida
Building Code or conflicts in their enforcement and interpretation. Potential conflicts shall be resolved
through coordination and cooperation of the State Fire Marshal and the Florida Building Commission as
provided by this chapter and part IV of chapter 553.
(6) Only the State Fire Marshal may issue, and, when requested in writing by any substantially affected
person or a local enforcing agency, the State Fire Marshal shall issue declaratory statements pursuant to s.
120.565 relating to the Florida Fire Prevention Code and the Life Safety Code.
(7) The State Fire Marshal, in consultation with the Department of Education, shall adopt and
administer rules prescribing standards for the safety and health of occupants of educational and ancillary
facilities pursuant to ss. 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any county that does not
employ or appoint a firesafety inspector certified under s. 633.081, the State Fire Marshal shall assume
the duties of the local county, municipality, or independent special fire control district as defined in s.
191.003 with respect to firesafety inspections of educational property required under s. 1013.12(3)(b),
and the State Fire Marshal may take necessary corrective action as authorized under s. 1013.12(7).
633.0215 Florida Fire Prevention Code.
(1) The State Fire Marshal shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Fire
Prevention Code which shall contain or incorporate by reference all firesafety laws and rules that pertain
to and govern the design, construction, erection, alteration, modification, repair, and demolition of public
and private buildings, structures, and facilities and the enforcement of such firesafety laws and rules. The
State Fire Marshal shall adopt a new edition of the Florida Fire Prevention Code every third year.
(2) The State Fire Marshal shall adopt the National Fire Protection Association's Standard 1, Fire
Prevention Code but shall not adopt a building, mechanical, or plumbing code. The State Fire Marshal
shall adopt the Life Safety Code, Pamphlet 101, current editions, by reference. The State Fire Marshal
may modify the selected codes and standards as needed to accommodate the specific needs of the state.
Standards or criteria in the selected codes shall be similarly incorporated by reference. The State Fire
Marshal shall incorporate within sections of the Florida Fire Prevention Code provisions that address
uniform firesafety standards as established in s. 633.022. The State Fire Marshal shall incorporate within
sections of the Florida Fire Prevention Code provisions addressing regional and local concerns and
variations.
633.022 Uniform firesafety standards.—The Legislature hereby determines that to protect the public
health, safety, and welfare it is necessary to provide for firesafety standards governing the construction
and utilization of certain buildings and structures. The Legislature further determines that certain
buildings or structures, due to their specialized use or to the special characteristics of the person utilizing
or occupying these buildings or structures, should be subject to firesafety standards reflecting these
special needs as may be appropriate.
(1) The department shall establish uniform firesafety standards that apply to:
(a) All new, existing, and proposed state-owned and state-leased buildings.
(b) All new, existing, and proposed hospitals, nursing homes, assisted living facilities, adult family-care
homes, correctional facilities, public schools, transient public lodging establishments, public food service
establishments, elevators, migrant labor camps, mobile home parks, lodging parks, recreational vehicle
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parks, recreational camps, residential and nonresidential child care facilities, facilities for the
developmentally disabled, motion picture and television special effects productions, tunnels, and selfservice gasoline stations, of which standards the State Fire Marshal is the final administrative interpreting
authority.
(2)(a) With respect to the uniform firesafety standards, the department shall develop uniform statewide
standards which are reasonably prudent with respect to protecting life, safety, and property and which
take into consideration the characteristics of the people utilizing the subject buildings and structures and
other hazards associated with the subject buildings and structures throughout the state.
(b) A local authority may not require more stringent uniform firesafety standards with respect to
buildings or structures subject to such standards except as provided in paragraph (c). A local authority
may, on a case-by-case basis, in order to meet special situations arising from historic, geographic, or
unusual conditions, with respect to a building or structure which is subject to the uniform firesafety
standards, authorize equivalent alternative standards for such building or structure; however, the
alternative requirements shall not result in a level of protection to life, safety, or property less stringent
than the applicable uniform firesafety standards. All such local authorities shall enforce, within their
firesafety jurisdiction, the uniform firesafety standards for those buildings specified in paragraph (1)(b)
and the minimum firesafety standards adopted pursuant to s. 394.879.
(c) A local authority may require more stringent uniform firesafety standards for sprinkler systems in
buildings specified in paragraph (b), for which the construction contract is let after January 1, 1994, if the
following conditions are met:
1. The local authority has adopted, by ordinance, a fire service facilities and operation plan that outlines
goals and objectives for related equipment, personnel, and capital improvement needs of the local
authority for the next 5 years.
2. The local authority has adopted, by ordinance, a provision requiring proportionate reductions in, or
rebate or waivers of, impact or other fees or assessments levied on buildings that are built or modified in
compliance with the more stringent sprinkler standards.
3. The local authority has adopted, by ordinance, a plan that requires buildings specified in paragraph (b)
to be equipped with an automatic sprinkler system installed in compliance with the provisions prescribed
in standards as established by the National Fire Protection Association and adopted by the State Fire
Marshal.
In the event there is a dispute between the owners of the buildings specified in paragraph (b) and a local
authority requiring a more stringent uniform firesafety standard for sprinkler systems, the State Fire
Marshal shall be the final administrative interpreting authority and the State Fire Marshal's interpretation
regarding the uniform firesafety standards shall be considered final agency action.
(3) In establishing the uniform firesafety standards and the minimum firesafety standards, as required by
s. 394.879, the department shall consider types of construction materials and their flame spread and
smoke characteristics, occupancy levels, means of egress, special hazard protection, smoke barriers,
interior finish, and fire protection systems or equipment and occupancy features necessary to minimize
danger to life from fire, smoke, fumes, or panic. In considering these factors, the department shall develop
minimum standards which are reasonably prudent with respect to protecting life, safety, and property.
(4)(a) Notwithstanding any provision of law to the contrary, each nursing home licensed under part II of
chapter 400 shall be protected throughout by an approved, supervised automatic sprinkler system in
accordance with s. 9 of National Fire Protection Association, Inc., Life Safety Code, no later than December
31, 2010. A nursing home licensee shall submit complete sprinkler construction documents to the Agency
for Health Care Administration for review by December 31, 2008, and the licensee must gain final approval
to start construction from the agency by June 30, 2009. The agency shall grant a 6-month extension to a
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nursing home licensee if the completion and submission of the sprinkler construction documents are
contingent upon the approval of the application for the loan guarantee program authorized under s.
633.0245. In such case, the agency may extend the deadline for final approval to begin construction
beyond June 30, 2009, but the deadline may not be extended beyond December 31, 2009.
(b) The division may grant up to two 1-year extensions of the time limits for compliance in subparagraph
(a)2. if the division determines that the nursing home has been prevented from complying for reasons
beyond its control.
(c) The division is authorized to adopt any rule necessary for the implementation and enforcement of
this subsection. The division shall enforce this subsection in accordance with the provisions of this chapter,
and any nursing home licensed under part II of chapter 400 that is in violation of this subsection may be
subject to administrative sanctions by the division pursuant to this chapter.
(d) Adjustments shall be made to the provider Medicaid rate to allow reimbursement over a 5-year
period for Medicaid's portion of the costs incurred to meet the requirements of this subsection. Funding
for this adjustment shall come from existing nursing home appropriations.
633.025 Minimum firesafety standards.
(1) The Florida Fire Prevention Code and the Life Safety Code adopted by the State Fire Marshal, which
shall operate in conjunction with the Florida Building Code, shall be deemed adopted by each
municipality, county, and special district with firesafety responsibilities. The minimum firesafety codes
shall not apply to buildings and structures subject to the uniform firesafety standards under s. 633.022
and buildings and structures subject to the minimum firesafety standards adopted pursuant to s. 394.879.
(2) Pursuant to subsection (1), each municipality, county, and special district with firesafety
responsibilities shall enforce the Florida Fire Prevention Code and the Life Safety Code as the minimum
firesafety code required by this section.
(3) The most current edition of the National Fire Protection Association (NFPA) 101, Life Safety Code,
adopted by the State Fire Marshal, shall be deemed to be adopted by each municipality, county, and
special district with firesafety responsibilities as part of the minimum firesafety code.
(4) Such codes shall be minimum codes and a municipality, county, or special district with firesafety
responsibilities may adopt more stringent firesafety standards, subject to the requirements of this
subsection. Such county, municipality, or special district may establish alternative requirements to those
requirements which are required under the minimum firesafety standards on a case-by-case basis, in
order to meet special situations arising from historic, geographic, or unusual conditions, if the alternative
requirements result in a level of protection to life, safety, or property equal to or greater than the
applicable minimum firesafety standards. For the purpose of this subsection, the term "historic" means
that the building or structure is listed on the National Register of Historic Places of the United States
Department of the Interior.
jurisdiction or utility may not charge any additional fee, above what is charged to a non-fire sprinklered
dwelling, on the basis that a one- or two-family dwelling unit is protected by a fire sprinkler system.
Since clearly the Florida Legislature, through the Florida Statutes, mandates that the State Fire
Marshal adopt the most recent Florida Prevention Code and the Life Safety Code, it was
determined that the Compliance Economic Reviews were more applicable to the Florida-specific
code changes rather than those that simply adopt the foundation codes.
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Accordingly, we have concentrated and focused our review on those administrative rules, or the
subparts therein, which exceed the foundation code and require either an additional or lower
NFPA 1 compliance requirement.
2. Group II Rules
Rules included in Group II Review
Chapter Number
Chapter Title
69A-2.024
Construction and Mining Materials
69A-3
Fire Prevention - General Provisions
Uniform Firesafety Standards for Non69A-36
Residential Child Care Facilities
Uniform Firesafety Standards for Assisted
69A-40
Living Facilities
Uniform Firesafety for Residential Child Care
69A-41
Facilities
Minimum Firesafety Standards for Residential
Alcohol and Drug Abuse Treatment and
69A-44
Prevention Programs, Mental Health
Residential Treatment Facilities, and Crisis
Stabilization Units
Uniform Safety Standards for Hospitals and
69A-53
Nursing Homes
69A-54
Uniform Standards for Correctional Facilities
Uniform Firesafety Standards for Public Food
69A-55
Service Establishments
Uniform Firesafety Standards for Migrant
69A-56
Labor Camps
Uniform Standards for Adult Family Care
69A-57
Homes
69A-60
Florida Fire Prevention Code
3. Review Process:
Bureau of Fire Prevention staff reviewed all rules section by section as directed by the Legislature
to determine if any had an economic impact on small businesses. Those that were determined to
have some impact were analyzed. Facts and figures were gathered through various resources,
including Internet research and conversations with stakeholders, to determine if the economic
impact was such that required a Compliance Economic Review (CER) to be prepared. Rules
adopting the base code of the NFPA standards adopted in the Florida Fire Prevention Code were
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determined to have no economic impact. The rules adopting Uniform Firesafety Standards and
the Florida Fire Prevention Code were also analyzed using the same analysis process that was
done with all other rules. The Florida Fire Prevention Code itself was not analyzed as a whole but
all Florida-specific amendments were reviewed. Those Florida-specific amendments found to
exceed the base code standards were analyzed for economic impact.
4. Group II Rules with No Economic Impact
Rule
69A-3.009
69A-3.011
69A-3.012(1)
69A-3.012(2)
69A-3.012(3)
69A-3.012(4)
69A-3.012(5)
69A-36.100
69A-36.101
69A-36.102
69A-36.103
69A-36.107
69A-40.22
69A-40.23
69A-40.24
69A-40.027
69A-40.028
69A-40.029
69A-40.031
69A-40.033
69A-40.035
69A-40.036
69A-41.001
69A-41.002
69A-41.003
69A-41.006
69A-41.007
69A-41.011
69A-41.012
Special Notes (if any)
relating to DCF reqs., less stringent than NFPA
relating to DCF reqs., less stringent than NFPA
statute driven
statute driven
statute driven
positive impact
current staffing
statute driven
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69A-41.014
69A-41.019
69A-41.020
69A-41.024
69A-41.025
69A-41.101
69A-41.102
69A-41.104
69A-41.105
69A-41.107
69A-44.001
69A-44.002
69A-44.003
69A-44.006
69A-44.009
69A-53.001
69A-53.002
69A-53.003
69A-53.004
69A-53.005
69A-53.0051
69A-53.0052
69A-53.0053
69A-53.0054
69A-54.001
69A-54.003
69A-54.004
69A-54.005
69A-54.007
69A-55.001
69A-55.002
69A-55.003
69A-55.005
69A-56.001
69A-56.002
69A-56.003
69A-56.004
69A-56.005
69A-56.006
69A-57.001
69A-57.002
positive impact
currently adopted code
statute driven
less restrictive
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69A-57.004
69A-57.005
69A-57.006
69A-57.007
69A-57.008
69A-60.001
69A-60.002
69A-60.003
69A-60.004
69A-60.005
69A-60.006(1)
69A-60.006(3)
69A-60.006(4)
69A-60.006(5)
69A-60.007
69A-60.012
Refers to AHCA rule
positive impact
using current personnel
using current personnel
positive impact
No; With the exception of Florida-specific
amendments which will be addressed separately
No; With the exception of Florida-specific
amendments which will be addressed separately
Data plate is also required by federal DOT
5. Florida Specific Amendments to the National Fire Protection Code Having No Financial
Impact
NFPA 1
Clarify coordination between Florida Building Code and FFPC as required
by statute and eliminates mandatory certificate of fitness and fee
requirement. No cost.
1.1.2.1
This provision states that reference to NFPA 1 or NFPA 101 within the Code
is to the Florida specific version (NFPA 101-1.1.1.2. is consistent).
1.3.3.3
Does not replace anything in NFPA 1; however, it is an additional provision
which addresses the resolution of conflicts between the Florida Fire
Prevention Code and the Florida Building Code. The amendment is
consistent with existing law (NFPA 101-1.7. is consistent).
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1.7.4.1
1.12.7
Adds authorization for an Authority Having Jurisdiction (“AHJ”) to request
assistance from a building, electrical, plumbing, or similar inspector,
without modifying the authority of the AJH. This provision is consistent
with Declaratory Statements issued by the Department (NFPA 101-1.3.1.1 is
consistent)
Replaces the existing provision by authorizing the AHJ to issue permits for
operations and material storage, but not requiring permits
1.13
Provision is redacted in its entirety so that the AJH is no longer authorized
to require certificates of fitness and collect fees for individuals or
companies performing activities related to fire or life safety within his or
her jurisdiction. This provision is consistent with Florida Statutes
Delete references to publications that are not enforceable by the fire
official. No cost.
2.2
NFPA Standards 220, 472, 1031, 1141 and 5000 are not adopted by
reference. Standard 5000 is a building code which is adopted by law by the
Building Commission.
2.4
NFPA Standards 472, 1031, 1141 and 5000 are not adopted by reference
Clarification of terms used within the FFPC. No cost.
3.1 and 3.1.1
These provisions require that where terms are not defined in NFPA 1, the
definition in the Florida Building Code shall be used before reference to the
dictionary meaning (NFPA 101- 3. 1. and 3.1.1. are consistent).
Sets a minimum size of address numbers for responding fire units. No cost.
10.12.1.2 and 10.12.1.2.1
These provisions set minimum requirements for address numbers, where
they are required by other provisions of the Code, for clarity and uniform
application. Currently, the local authority has discretion to require any size.
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Clarifies the applicable standard for crematory services and describes
guidelines for in-building radio enhancement systems to make
requirement uniform throughout the state. The requirement was formerly
in the annex of the Code. Without the amendment, each authority having
jurisdiction can impose a different standard. No cost.
11.6.2.1
Provision does not change the substance of the section but clarifies that
NFPA 86, not NFPA 82, applies to crematory furnaces for humans and
animals.
11.10-11.10.3
These provisions address In-Building Public Safety Radio Enhancement
Systems in new buildings and delete subjective requirements. The phrase
‘In-Building Public Radio Enhancement System’ refers to the system of
communication between the firefighter in the interior of the building and
incident command on the outside of the building.
Increases the minimum threshold for an occupant threshold of 100 to an
occupant threshold of 300 for fire sprinkler system; to comport with a
statutory change, deletes the requirement for fire sprinkler requirements
for one- and two-family dwelling and inserts a new statutory date for high
rise sprinkler requirements. No cost.
13.3.2.6.1
13.3.2.18.1
This provision deletes “bars with live entertainment” from the list of
Entertainment type assembly occupancies required to be protected
throughout by an approved, supervised automatic sprinkler system, and
increases the occupancy load for all entertainment type occupancies from
100 to 300 to comply with NFPA 13 (NFPA 101-13.3.5.1 is consistent).
Amendment redacts the requirement that new one and two-family
dwellings be protected throughout by an approved automatic sprinkler
system to be consistent with Florida law (NFPA 101-24.3.5.1. is consistent).
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13.3.2.24.2.3 and
13.3.2.24.2.4
These amendments change the date within which high-rise buildings must
be protected throughout by an approved automatic sprinkler system to
December 31, 2019 to be consistent with current Florida law, and reference
the opt out provisions of existing high-rise apartment buildings purchased
as condominiums in Sections 718.111 and 718.112, Florida Statutes (NFPA
101 31.3.5.12 is consistent).
13.7.3.1.3
Clarifies that unconnected fire alarm notification appliances cannot be used
for other purposes.
Clarifies provision of Code that prohibits interference with egress, except
in compliance with the Florida Building Code. No cost.
14.4.4
Prohibits storage, such as shelves, above any component of the means of
egress, such as doors and windows, except in accordance with the Florida
Building Code.
Clarifies that the standards for water mains and hydrants apply to
residential developments. No cost.
16.4.3 and 16.4.3.1.3.1
These Amendments clarify their application to commercial as well as
residential developments, and allows the completion of water mains and
hydrants on an alternate schedule approved by the fire official, instead of
having to be completed for the entire development before any construction
can begin.
Eliminates the need for additional fire department access roads where
current drives and parking lots exist, and increases the space that must be
cleared around a fire hydrant and fire protection appliance without
approval of the AHJ. No cost.
18.2.3.2.1
Allows the AHJ to require roads or parking lots providing access to the main
entrance door to be treated as access roads, thus recognizing the obvious
fact that fire access is sometimes through private roads and parking lots.
18.2.3.4.5 and 18.2.3.4.5.3
These provisions relating to fire access clarify their application to ramps and
elevated roadways as well as bridges.
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18.2.3.5.3
Relates to signage identifying fire lanes, and specifies where they must be
located, the size and style of the signage.
18.3.4.1 and 18.3.4.2
These provisions increase the clearance that must surround fire hydrants
and fire protection appliances and provide an exception with the approval
of the AHJ.
Conforms to the language used in the Statute. No cost.
20.3.4 - 20.3.4.2.3.5.3
These provisions simply change the reference from “Day-Care Homes” to
“Day-Care Occupancies” to clarify that they apply to places where day-care
is provided regardless of whether the location is in a home.
Removes a redundant requirement. No cost.
34.1.1.2
Amendment makes Chapter 34 applicable to buildings which are not
protected by sprinklers, which are otherwise exempt.
Clarifies the prospective application of requirements for new UL300
systems. No cost.
50.4.4.3
Limits the requirement that new automatic fire-extinguishing systems must
comply with UL 300 to new installations; existing installations can remain in
place subject to the approval of the fire official.
Makes mandatory permits optional and raises threshold for storage of
corrosive materials. No cost.
60.1.5.1.1 - 60.1.5.1.3
Table 60.2.5.5
These provisions make permits optional for the storage, dispensing, use or
handling of hazardous material in excess of allowable quantities set forth in
Table 60.2.5.5., where a material is classified as having more than one
hazard category, and to install, or modify a facility that stores hazardous
materials.
Change the maximum allowable quantities of corrosive material to be
consistent with the Florida Building Code and Declaratory Statements
issued by the Department.
Exempts certain requirements for emergency egress and establishes
separation requirements for fireworks. No cost.
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65.11.3.14.4.2 -65.11.4.4.1.3
These provisions exempt certain structures that are not generally occupied
from the requirement that egress doors with latching devices be equipped
with a panic bar, and clarifies that fireworks stored in a building used for
other purposes, must be segregated. However, under these circumstances,
there is no need for a two hour fire wall on either side of the entire
building.
NFPA 101
2.2
2.4
3.3.81.1
3.3.254.6
Delete references to publications that are not enforceable by the fire
official. No cost.
NFPA 220 and 1971 are not adopted.
NFPA 5000 and ASCE7 are not adopted.
Clarification of terms used within the FFPC. No cost.
This provision defines the term “fire-blocking” to conform to the definition
in the Building Code.
This provision clarifies the definition of parking structures that can be
treated as “open.”
Provides that auxiliary spaces are not required to meet a different set of
construction requirements from the predominant occupancy. No cost.
6.1.14.1.3. and 6.1.14.1.4
7.2.1.3.3
7.2.1.14
These provisions add areas to be considered part of the predominant
occupancy and be subject to that occupancy instead of the most restrictive
occupancy.
Clarify Code provisions when sliding doors are used in the means of
egress. No cost.
This provision adds an exception to the maximum door thresholds for
exterior sliding doorways.
This provision adds the requirement that Horizontal-Sliding Door
Assemblies be power operated and capable of being operated manually in
the event of power failure to be considered an allowable means of egress.
Increases the threshold for the use of spiral Stairs; imposes noncombustible requirements on certain stairs, platforms and landings;
mandates fire-blocking. Unable to determine the cost – provisions would
only apply to an assembly with a working stage or an occupant load of
1000 or more. No cost.
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7.2.2.1.2
This provision provides an additional exception to 7.2.2 for stairways, not a
part of the required means of egress, providing access from the outside
grade level to the basement, when the distance does not exceed 8 feet to
the basement level.
7.2.2.2.3.3
This provision raises the occupancy load of permitted spiral stairs from
three to five and provides an exception permitting a single handrail within
dwelling units, guest rooms and guest suites.
7.2.2.3.1.2
7.2.2.3.1.3
7.2.2.3.1.4
This provision requires that stairs, platforms and landings in all assembly
occupancies with a load of 1000 or more, or having a legitimate stage and
an occupant load of 700 or more, be constructed of noncombustible
materials.
This provision requires that stairways located in a required fire resistant
enclosure have closed risers.
This provision requires that interior stairs constructed of wood be fireblocked at the top and bottom of the run unless they have open risers.
7.2.2.3.1.5
This provision requires the underside of interior stairways, if of combustible
construction, to be 1-hour fire resistance.
7.2.2.3.3.3
This provision decreases the dimension of nose projections allowed for
sloping treads to comply with the Building Code
Clarify the design and installation of new handrails. No cost.
7.2.2.4.3
7.2.2.4.4.1
7.2.2.4.4.5.
This provision clarifies depth of the projection of handrails in stairways that
will keep the stairway clear to no more than 4 ½ inches
This provision clarifies that new handrails on stairs must be uniform.
This provision reduces the clearance that must be provided between the
handrail and the wall to which it is fastened to be consistent with the
Building Code.
Clarifies the design and installation of new guardrails. No cost.
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7.2.2.4.5.2
This provision reduces the minimum height of guard rails for individual
guest rooms and residential board and care occupancies.
7.2.2.4.5.3
This provision requires that in areas not accessible to the public in storage
occupancies, the distance between intermediate rails cannot exceed 21
inches.
Expands the use of the space under stairs for storage purposes. No cost.
7.2.2.5.3.2
This provision allows the use of space under stairs as long as the space is
not used for the storage of flammable or otherwise hazardous materials
Clarifies the design of ramps when used in the means of egress. No cost.
7.2.5.2. and Table 7.2.5.2(a)
7.2.5.3.3
7.2.5.4.1., 7.2.5.4.1.1., and
7.2.5.4.1.2
This provision requires that new ramps that are a part of the required
means of access be not less than 44 inches wide, unless the ramp is an
egress ramp.
This provision provides an exception to the Code requirements for curbs
and barriers that are installed in compliance with the Florida Building Code.
These provisions clarify that where any segment of the ramp is steeper than
1 in 20, handrails must be provided along both sides; handrails which are
not continuous must extend at least 18 inches beyond the top and bottom
of the ramp segment, and be parallel with the floor or ground surface. The
floor or ground surface must run an additional 12 inches beyond the
handrail. A curb or barrier must be provided that prevents the passage of a
4 inch diameter sphere, where any portion of the sphere is within 4 inches
of the floor or ground surface
Expand the use of alternating tread devices in the means of egress. No
cost.
16
7.2.11.1. and 7.2.11. 2
These provisions allow an additional occupancy where the devices can be
used as a means of egress from a mezzanine of not more than 250 square
feet in industrial, health care, storage, detention and correctional
occupancies and within dwelling units of residential occupancies. The
required maximum height of the projected riser is reduced from 9 ½ inches
to 8 inches and the projected minimum depth is increased from 9 ½ inches
to 10 ½ inches. A minimum of twelve inches must be provided between the
handrails
Occupant load was changed to comport with Statute. No cost.
Table 7.3.1.2.
As related to day-care use, this provision changes the square foot per
person from 35 to 20 net
Clarifies the size of allowable impediments within the means of egress, by
adding an exception. No cost.
7.3.2.2
This provision provides an exception to the rule that objects between 27
and 80 inches above the floor may not protrude more than 4 inches. Free
standing objects within those parameters which are mounted on posts or
pylons may overhang no more than 12 inches.
Operational clarification provides exception for on the use of storm
shutters in an emergency. No cost.
7.3.4.1.1
This provision allows an exception for the temporary installation or closure
of storm shutters on an emergency escape and rescue opening during
threat of a storm
Clarification to comport with the Florida Building Code. No cost.
7.9.2.4
This provision adds article 700 with which emergency generators providing
power to emergency lighting must comply.
Clarifies the statutory requirement for construction classifications to
comport with the Florida Building Code. No Cost.
8.2.1.2
This provision designates the Florida Building Code as the standard to
determine the requirements for the construction classification instead of
NFPA 220.
17
If fire alarm systems are required by the Florida Building Code, they must
meet the same requirements as systems required by the Florida Fire
Prevention Code. No cost because all fire alarms systems must comply
with the National Fire Alarm Code.
9.6.1.1
This provision applies where supervision of a new fire sprinkler system or
fire alarm system is required by the Florida Building Code.
Clarification to comport with Statute. No cost.
9.6.3.5
This provision redacts the need to comply with ICC/ANSI A117.1., to comply
with state law.
9.8., 9.8.1., 9.8.2., 9.8.3. and
9.8.4
These provisions redact the word “Special” preceding “inspector”, and
require Florida Licensure to conform to State Statute.
Clarification of the applicability of the Florida Building Code for minimum
construction requirements. No cost.
11.1.6
This provision consistently requires that minimum construction
requirements be in accordance with the Florida Building Code.
This provision is required to comport with the Florida Building Code. No
cost.
12.2.5.7.5
This provision reduces the path of travel along the aisle accessway from 36
feet to 30 feet from any seat to the closest aisle or egress doorway, to be
consistent with the Building Code.
Removes an exemption for certain fire protection requirements for new
construction when smoke detection systems are provided. No cost.
12.3.6
This provision removes an exception for corridor and lobby protection in
new construction from the general construction requirements where
protected throughout by a smoke detection system providing notification
when the project does not meet the four other exemptions provided.
This provision permits the use of alternative detection devices when the
environment is not conducive to smoke detection systems. No cost.
18
12.4.7.4
This provision provides an exception to the requirement for an automatic
smoke detection system for areas where ambient conditions will cause an
alarm, when an alternative system is approved.
This provision is required to comport with Florida Building Code. No cost.
14.2.5.2
14.2.5.3, 14.2.5.3.1 and
142.4.3.2
16.2.5.2.
16.2.5.3., 16.2.5.3.1., and
16.2.5.3.2
This provision removes the exception to the 20 foot maximum length of a
dead-end corridor to be consistent with the Building Code
These provisions prohibit common paths of travel which exceed 75 feet and
removes the exception for buildings protected throughout by an approved,
supervised automatic sprinkler system.
This provision removes structures protected by sprinklers from the
prohibition against dead-end corridors which exceed 20 feet in length to be
consistent with the Building Code.
These provisions require than no common path of travel exceed 75 feet and
redacts all exceptions to be consistent with the building Code.
This provision clarifies when emergency egress drills are to be conducted.
No cost.
17.7.2.2
This Provision sets forth times and conditions for conducting fire emergency
egress and relocation drills.
This provision is required to comport with Florida Building Code. No cost.
18.2.5.2
This provision reduces the maximum length of dead-end corridors from 30
to 20 feet to be consistent with the Building Code.
28.2.5.5. and 28.2.5.6
These provisions reduce the maximum length of dead-end Corridors to 20
feet to be consistent with the Building Code.
28.2.6.2
This provision reduces the maximum travel distance within a guest room to
a corridor door from 125 feet to 75 feet to be consistent with the Building
Code.
This provision is required to comport with Florida Building Code. No cost.
19
30.2.5.4.1 and 30.2.5.4.2
These provisions reduce the maximum length of dead-end corridors from
35 feet to 20 feet without regard to whether the building is protected by an
automatic sprinkler system to be consistent with the Florida Building Code.
This provision is required to comport with Florida Statute. No cost.
30.3.4.1.1
This provision removes the requirement that apartment buildings with
more than 11 dwellings be provided with a fire alarm system. Only
apartment buildings four or more stories in height must be so equipped,
consistent with recent statutory amendments.
This provision reduces the number of smoke detectors required when
there is no intervening door. No cost.
30.3.4.5
This provision provides an exception to the requirement that smoke alarms
be installed in every sleeping area, outside every sleeping area in the
immediate vicinity of the bedrooms, and on all levels of the dwelling unit,
including basements. The exception is provided for dwelling units with split
levels of no more than one full story without a door between the adjacent
levels, in which case, a smoke alarm need only be installed in the upper
level
Reduces the size of the optional sign by 81%. No cost.
31.3.4.3.5.1
This provision provides an exemption to the requirement that these
systems provide fire department notification where the existing apartment
building is four stories or less, a warning sign is provided and a combination
visual and audible notification device is provided at an approved location.
Clarifies the term “engineered life safety system”. No cost.
31.3.5.12.4.1
This provisions provides a definition for the term “engineered life safety
system” to be used in conjunction with 31.3.5.12.
This provision is required to comport with the Florida Building Code. No
cost.
20
32.3.1.3. and 32.3.2.5.4
These provisions require that construction be in accordance with the
Florida Building Code, and that dead-end corridors not exceed 20 feet to be
consistent with the Florida Building Code.
36.2.5.2.1
This provision reduces the maximum length of dead-end corridors in
buildings protected by a sprinkler system from 50 feet to 20 feet to be
consistent with the Building Code.
36.3.6.1
This provision amends an exception to the minimum 1 hour fire resistance
rating barrier. The exception applies where the space is occupied by a
single tenant. The amendment adds a provision that the occupant load not
be greater than 30 persons to be consistent with the Building Code.
36.4.4.8., and 37.4.4.8.
These provisions add the requirement that combustible kiosks, if built of
light-transmitting plastics, comply with the Florida Building Code.
38.2.4.6
Table 40.2.5
This provision adds a proviso to the general requirement that a single
tenant space, two or fewer stories, need only a single exit. The total
occupancy load must now be 50 persons or less to be consistent with the
Building Code.
This Table changes the dead-end corridor minimum lengths to 20 feet to be
consistent with the Building Code.
Clarification of operational requirements. No cost.
42.2.2.2.5
42.2.5. and Table 42.2.5
This provision clarifies that horizontal or vertical security grilles or doors
that are part of the means of egress from a tenant space comply with
7.2.1.4.1., and must be open during business hours.
This provision is required to comport with the Florida Building Code. No
cost.
This provision reduces the maximum length of dead-end corridors for new
storage occupancies to 20 feet to be consistent with the Building Code.
21
Table 42.2.6
This table changes the maximum travel distance to exits in occupancies
protected by a sprinkler system from “not limited” to 400 feet for low
hazard and ordinary hazard storage occupancy. Maximum travel distance
to exits for unprotected occupancies is changed from “Not limited” to 300
for low hazard, and 200 for ordinary hazard storage occupancy.
6. Group II Rules with an Economic Impact
69A-2.024- submission of application fee- currently there are 127 licensed construction materials mines.
The annual renewal fee is $1,500 per year, equaling $190,500 per year. This is under the threshold of
$200,000 per year for impact.
Seismologist- See CER
Bond requirement- See CER
69A-3.012(6) - requirement to mark buildings regarding construction of trusses; Cost is negligible as these
markings are available for free at a number of locations (See sites such as http://www.freefiresigns.com/)
69A-36.105(2) - Requirement that any fire extinguisher installed in a nonresidential child care facility shall
not be less than 2A-10B:C; The average difference between a 1A-10B:C and a 2A-10B:C is approximately $12
and the average number of fire extinguishers needed by each facility is 1. With 11,910 facilities licensed in
the state, the annual cost would be appx. $142,920.00 which is under the threshold of $200,000 per year for
impact.
69A-36.106- See CER
69A-41.017- Requirement that each residential child care facility shall have at least one general purpose
Class A, B, and C portable fire extinguisher for each floor and that all extinguishers shall not be less than 2A10B:C; The average price for 2A-10B:C is approximately $30. There are 295 licensed facilities but the
licensing agency could not readily ascertain how many had multiple floors. Assuming that each facility has
two floors, the annual cost would be appx. $17,700.00 which is under the threshold of $200,000 per year for
impact.
69A-41.026(1)(j)- Requirement that each wilderness program should have a minimum 55 gallon water
supply and means of transporting it to a fire and that the fire rack should include at least 2 shovels (@ appx.
$11 each), 2 fire rakes (@ appx. $60 each), 2 fire flaps (@ appx. $50 each), 3 buckets (@ appx. $10 each), and
one 55 gallon drum (@ appx. $60 each). Contact with DCF reveals only three known wilderness programs.
Even assuming these prices are low and estimating $1000 costs per wilderness program (allowing for
22
multiple campsites), the annual cost would be appx. $3,000 which is under the threshold of $200,000 per
year for impact.
69A-54.006- Per Department of Correction, DOC requirements mandate that all prisoners must have a
mattress. DOC PRIDE builds all mattresses and the difference between mattresses as required in NFPA
and mattresses as required in the rule is negligible and only suffered by DOC. Any private prisons obtain
their mattresses through PRIDE as well as their requirements are the same as DOC. Costs are not suffered
by small businesses but a state agency.
69A-60.0081- requirement to mark buildings regarding construction of trusses; Cost is negligible as these
markings are available for free at a number of locations (See sites such as http://www.freefiresigns.com/)
69A-60.011- The fee for an informal interpretation is $110. Since 2003, there have been a total of 20
requests for an informal interpretation. 20 x $110 = $2,200
69A—60.006(2)- Allows manufacturers of manufactured buildings to provide for one or more employee to
be certified under Chapter 69A-39, F.A.C.
Cost of Training:
Five courses are required for certification as a Fire Safety Inspector, the cost per class ranges from $60.00
(at the Florida State Fire College) to $306.00 (at State and Community Colleges). The total cost of training
ranges from $300.00 to $1530.00.
The Certification application is $30.00
Fingerprint fee is $64.00
Certification examination is $42.00
Triennial recertification fee is $15.00
Total cost for certification (high-end) with one renewal = $1,681.00 (5 year cost for certification of one
employee)
7. NATIONAL FIRE PREVENTION CODE- FLORIDA SPECIFIC AMENDMENTS
Economic Impact
7.11.1. and 7.11.2
8.3.2.4
Expands the application to include high hazard storage
occupancies only. Cost will only be incurred if a new storage
occupancy for high hazard material is constructed.
These provisions make 7.11.1. apply to high hazard storage
occupancies.
Requires signage on fire barriers to reduce incidents of
breaching. Cost is minimal, i.e. less than $1 per sign.
This provision requires that fire barriers that must have
protective openings be permanently signed, and sets forth the
signage requirements.
23
11.7.3.4
11.7.4.3
12.2.2.2.4
28.3.5.2
Expands the fire sprinkler provisions to certain new structures
with an occupant load of 50 or less. Cost will only affect new
structures; unable to determine a cost due the nature of the
occupancy and occupant load.
This provision removes an exception to the sprinkler
requirement for new underground and limited access
structures having an occupant load of 50 or fewer persons.
Previously, the exception applied to occupancy loads of 100 or
fewer persons.
This provision removes an exception for exits from
underground structures more than 30 feet below ground which
must have an outside smoke vent.
The provision reduces the threshold from 500 to 300 for
special locking devices. We are unable to determine the
incremental cost incurred, which is applicable only to a new
building with an occupant load between 300 and 500.
This Provision reduces the use of permitted locking devices in
assembly occupancies from an occupant load of 500 to 300.
This provision is required to comport with Florida Building
Code. Cost will only incur when a new building is constructed.
This provision removes the exceptions from the requirement
that all New Hotel and Dormitory occupancies be protected
throughout by an approved, supervised automatic sprinkler
system, except in one-story buildings.
COMPLIANCE ECONOMIC REVIEWS ON FOLLOWING PAGES
24
COMPLIANCE ECONOMIC REVIEW
Pursuant to Section 120.745(5), Florida Statute
RULE 69A-2.024(14) FLORIDA ADMINISTRATIVE CODE
CONSTRUCTION MATERIALS MINING ACTIVITIES
(PERMITTING AND BONDING)
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
April 2013
25
JUSTIFICATION FOR THE RULE
Florida Administrative Code 69A-2.024 implements Section 552.30, Florida Statutes, 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.
Section 552.211, F.S., allows the State Fire Marshal to restrict the quantity and use of explosives
at any location within the state where such explosives are likely to cause injury to life or property.
This rule has been adopted to comply with the legislative mandate regarding the bonding or
letter of credit for Construction Mining Companies in the State of Florida.
The benefits of this rule relate directly to the health and safety of the public, as well as the
protection of property. Pursuant to Rule 69A-2.024(14)(b)(2), Construction Mining companies are
required to be bonded and shall faithfully comply with and conduct business under its license or
permit in accordance with the provisions of Chapter 552, F.S., and abide by all applicable statutes,
rules and regulations of the Department of Financial Services (the Department) as promulgated
by the Chief Financial Officer. The 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,
s.s 552.32 to 552.44, 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.
26
STATEMENT OF ESTIMATED REGULATORY COSTS
1. Direct or indirect economic impact
This Rule is applicable to any individual or business entity wishing 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. Pursuant to Section 552.30, F.S., any individual or business entity must
post and maintain a bond or letter of credit and 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 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.
This rule directly impacts Construction Mining companies seeking to conduct mining activities in
the State of Florida. This Rule also indirectly impacts other citizens in the State of Florida by
ensuring that all mining explosive activities are within the legal blasting limits to eliminate
property damages to the citizens of the State of Florida.
2. Cost to the Division and other state or local governments to implement the rule and
enforce the rule
Cost to the Division – There is no cost to the Division due to the implementation of this rule as
the inspection is required by statute and the rule merely outlines the requirement of a bond or
letter of credit in order to conduct mining activities.
Cost to Other State or Local Governments– There is no cost to other state agencies or local
governments because the rule does not impose an inspection duty on other state agencies or
local governments.
3. Effect on state or local revenues
As the inspection fee is included within the application fee mandated by statute, there is no
effect on state revenues but there may be local permit fees charged by the county.
4. Transactional costs
27
There are no transactional costs identified by the Division of State Fire Marshal.
5. Impact on small business
Section 288.703 (6), F.S., defines “small business” as “an independently owned and operated
business concern that employs 200 or fewer permanent full-time employees and that, together
with its affiliates, has a net worth of not more than $5 million or any firm based in this state
which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships,
the $5 million net worth requirement shall include both personal and business investments.”
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., is required to secure a letter of credit or bond estimated at an average of
$4,000.00 per permit. This cost is estimated as the cost to obtain a bond and is not a cost which
will be incurred by the applicant on a yearly basis. The 5-year cost as estimated by the
Department, taking into account the cost per permit, is $2,540,000.00.
6. Impact on small counties and small cities
Section 120.52 (18), F.S., defines “small city” as “any municipality that has an unincarcerated
population of 10,000 or less according to the most recent decennial census.”
Section 120.52 (19), F.S., defines “small county” as ”any county that has an unincarcerated
population of 75,000 or less according to the most recent decennial census.”
There is no impact to small cities or counties as all inspections are completed by the Division of
State Fire Marshal and the letter of credit or bond is procured by the applicants themselves.
28
METHODOLOGY
Below is the methodology used to calculate the cost of the compliance with this rule to a small
business. There are currently one hundred twenty-seven (127) Construction Materials Mines
permitted in the State of Florida. 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
issued by a surety company or by an insurance company licensed to issue surety bonds or to
transact insurance in the State of Florida.
This calculation is based on a percentage of the Construction Materials Mining Company and
individual credit history. An excellent credit score of 800 would require a bond in the amount of
1% of the total project cost and a credit score below 700 would be classified as a bad credit score
requiring a bond in the amount of 3% of the project cost (Example; $500,000 x 3% would require
a bond in the amount of $15,000) based on information received from AA Underwriters
Insurance Company.
127 bonds per year x $4,000.00 average per permit = $508,000.00 per year
$508,000.00 per year x 5 years = $2,540,000.00
29
COMPLIANCE ECONOMIC REVIEW
Pursuant to Section 120.745(5), Florida Statute
RULE 69A-2.024 FLORIDA ADMINISTRATIVE CODE
Construction Materials Mining Activities
(Seismologist)
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
APRIL 2013
30
JUSTIFICATION FOR THE RULE
69A-2.024 (1)(a) This section implements Section 552.30, Florida Statutes, 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, Florida Statutes, 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.
This rule has been adopted to comply with this legislative mandate regarding construction
materials mining activities.
The benefits of this rule relate directly to the health and safety of the public, as well as the
protection of property. 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. Pursuant to 69A-2.024(4)(c), all measurements shall be made by a
seismologist with five (5) continuous years experience measuring and evaluating levels of ground
vibration and air overpressure produced by blasting, demonstrable expertise in the use, location,
and operation of seismographic equipment and analysis of seismographic data, and prior
experience in monitoring side effects produced by blasting used in construction materials mining.
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, 17 th
Edition, Copyright 1998. 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. Restriction of quantity and use of
explosives and monitoring of such explosives shall be to the extent necessary to render the use of
such explosives unlikely to cause injury to life or property.
31
STATEMENT OF ESTIMATED REGULATORY COSTS
1. Direct or indirect economic impact.
This Rule is applicable to any individual or business which holds a Construction Materials Mining
License in Florida. It directly impacts these individuals and businesses by requiring them to
employ an Independent Seismologist. The rule also indirectly impacts other people in Florida by
requiring monitoring and enforcing vibrations occurring during blasting in their areas therefore
protecting individuals and their properties from the effects of blasts that are in violation of
Florida Statute Chapter 552.
2. Cost to the Division and other state or local governments to implement the rule and
enforce the rule.
Cost to the division – There is no cost to the Division due to the implementation of this rule as the
seismographic monitoring is required by statute.
Cost to other state or local governments– Enforcement of the rule is no cost to other state
agencies or local governments because the rule does not impose a seismographic monitoring
duty on other state agencies or local governments.
3. Effect on state or local revenues
As the seismographic monitoring is neither paid to or by the State of Florida, there is no effect on
state or local revenues.
4. Transactional costs
There are no transactional costs identifiable by the Division of State Fire Marshal.
5. Impact on small business
Section 288.703 (6), Florida Statutes defines “Small business” to mean “an independently owned
and operated business concern that employs 200 or fewer permanent full-time employees and
that, together with its affiliates, has a net worth of not more than $5 million or any firm based in
this state which has a Small Business Administration 8(a) certification. As applicable to sole
proprietorships, the $5 million net worth requirement shall include both personal and business
investments.”
32
The 5-year cost as estimated by the Department for seismographic monitoring is $288,000 per
facility, or a total of $36,576,000. These are average monitoring costs not including the costs of
installation and taxes.
6. Impact on small counties and small cities
Section 120.52 (18), Florida Statutes defines “Small city” to mean “any municipality that has an
unincarcerated population of 10,000 or less according to the most recent decennial census.”
Section 120.52 (19), Florida Statutes defines “Small county” means “any county that has an
unincarcerated population of 75,000 or less according to the most recent decennial census.”
There is no impact to small cities or counties.
33
METHODOLOGY
Below is the methodology used to calculate the cost of the compliance with this rule to a small
business. As of January 2013, one hundred-twenty seven (127) companies hold construction
mining licenses with the State of Florida’s Office of State Fire Marshal. Depending on the
population and other factors in their area, a facility might utilize between one (1) and ten (10)
seismographs to monitor vibrations from blasting on a continual basis. For an existing
seismograph (not newly installed), a construction materials mining company might pay between
$800 and $8,000 per month for monitoring alone, pre-tax.
127 facilities x $57,600 per facility = $7,315,200 per year
$7,315,200 per year x 5 years = $36,576,000
**NOTE** This calculation does not include installation costs of new seismographs or tax on
installation costs or monitoring services and assumes all companies incur $4,800 in monitoring
fees per month or $57,600 annually.
34
COMPLIANCE ECONOMIC REVIEW
Pursuant to Section 120.745(5), Florida Statute
RULE 69A-36.106 Emergency Forces Notification for Child Day Care Facilities
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF STATE FIRE MARSHAL
APRIL 2013
35
JUSTIFICATION FOR THE RULE
Section 633.01, Florida Statute, mandates that “The Chief Financial Officer is designated as “State
Fire Marshal.” The State Fire Marshal has authority to adopt rules pursuant to ss. 120.536(1) and
120.54 to implement the provisions of this chapter conferring powers or duties upon the
department. Rules shall be in substantial conformity with generally accepted standards of
firesafety; shall take into consideration the direct supervision of children in nonresidential child
care facilities; and shall balance and temper the need of the State Fire Marshal to protect all
Floridians from fire hazards with the social and economic inconveniences that may be caused or
created by the rules. The department shall adopt the Florida Fire Prevention Code and the Life
Safety Code.
This rule has been adopted to comply with the Legislative Mandate regarding the protection of
Non-Residential Child Care Facilities. The rule requires that child day care facilities shall be
arranged to transmit a fire alarm notification in the event of a fire.
The benefits of this rule relate directly to the health and well-being of the Public. As these
facilities are inspected, the safety of the public is ascertained and any conditions liable to cause
fire, endanger life from fire, and any violation of the laws, rules, and codes as adopted by the
State of Florida are then corrected.
36
STATEMENT OF ESTIMATED REGULATORY COSTS
1. Direct or indirect economic impact
This rule chapter applies to both new and existing buildings used as Nonresidential Child Care
Facilities, which are potentially impacted as shown below.
2. Cost to the Division and other state or local governments to implement the rule and
enforce the rule
Cost to the division – None
Cost to other state agencies or local governments – The cost to other state agencies or local
governments is undeterminable as these costs and fees are not regulated by this Division.
3. Effect on state or local revenues
Cost to other state agencies or local governments – None known.
4. Transactional costs
None known.
5. Impact on small business
Section 288.703 (6) defines “Small business” to mean an independently owned and operated
business concern that employs 200 or fewer permanent full-time employees and that, together
with its affiliates, has a net worth of not more than $5 million or any firm based in this state
which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships,
the $5 million net worth requirement shall include both personal and business investments.
Any potential impact would only apply to the facilities that are directly required to comply with
this rule. The average cost per year for fire alarm monitoring as required by this rule is $500 per
year. With 11,910 facilities licensed and requiring this monitoring, the annual cost is
approximately $5,955,000.00. The five year cost as estimated by the Department is
$29,775,000.00. It is important to note, however, that the requirement for alarm monitoring is a
requirement for all new day care occupancies in the base code of the Florida Fire Prevention
Code as well.
37
6. Impact on small counties and small cities
Section 120.52 (18) defines “Small city” to mean any municipality that has an unincarcerated
population of 10,000 or less according to the most recent decennial census.
Section 120.52 (19) defines “Small county” means any county that has an unincarcerated
population of 75,000 or less according to the most recent decennial census.
Any potential impact to small cities or counties would only be applicable if these areas have these
type facilities under their jurisdiction.
7. METHODOLOGY
Below is the methodology used to calculate the potential cost impact per year and a projection of
the next 5 years.
Average Cost Per Year for Fire Alarm Monitoring = $500.00
Number of Facilities = 11,910
Annual Cost = $5,955,000.00
5 Year Projection = $29,775,000.00
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