Current through Reg. 50, No. 187; September 24, 2024
(1) Design,
Construction, and Accessibility. The provider shall ensure that the design and
construction of new shelter facilities or alterations to an existing facility
meet the minimum requirements of the applicable state and local governing
agencies. All shelter facilities maintained by the provider shall meet the
requirements of Sections 553.501-.5141, F.S., and the Americans with
Disabilities Act Standards for Accessible Design in the Code of Federal
Regulations, Title 28, Part 36, Appendix A. Facilities certified prior to the
effective date of this rule must meet these minimum standards except where the
cost of compliance with a particular standard would impose an undue burden on
the provider, as described in the Code of Federal Regulations, Title 28,
Section 35.150. Any alteration to a shelter facility certified prior to the
effective date of this rule must meet the accessibility guidelines described
above, as provided in the Code of Federal Regulations, Title 28, Section
36.402.
(2) Physical Safety and
Well-being. The provider shall take precautionary measures to provide for the
safety, confidentiality, privacy, and well-being of shelter residents.
(a) All shelter facilities maintained by the
provider shall meet all applicable county and municipal building code
enforcement requirements as provided in subsection (1) of this rule
chapter.
(b) All shelter facilities
must be in good repair, free from health and safety hazards, clean, and free
from vermin infestation.
(c) To
protect the privacy of shelter participants, electronic surveillance systems
may not be installed in the participants' living quarters of the shelter
facilities. Electronic surveillance systems may be installed at entrance and
exit doors and parking areas.
(d)
All outside doors shall remain locked from the outside at all times; all
windows shall be secured against entry; and outside and entrance way lighting
shall be in place and functioning.
(e) If an outside play area is made available
for children, the area shall be free of debris and broken or dangerous
materials and shall be routinely checked for safety. Play areas shall be fenced
in accordance with local ordinances to prevent access by children to all water
hazards within or adjacent to outdoor play areas, such as pools, ditches,
retention and fish ponds. The outdoor play area shall have and maintain safe
and adequate fencing or walls a minimum of four feet in height. Fencing,
including gates, must be continuous and shall not have gaps that would allow
children to exit the outdoor play area. The base of the fence must remain at
ground level and be free from erosion or build-up to prevent inside or outside
access by children or animals. If the play area is in view of the public,
privacy fencing is required.
(f) No
firearms or weapons as defined in Section
790.001, F.S., shall be allowed
within any building or upon any person located on the premises, excluding
federal, state, or local law enforcement officers.
(g) No narcotics, alcohol, or other impairing
drugs shall be present on the premises. This does not include prescription
medications.
(h) Smoking is
prohibited within the shelter facilities, all outdoor play areas, and in
vehicles when being used to transport center participants. The provider may
designate specific areas for smoking.
(i) Fire Safety. The provider shall ensure
that each shelter facility has sprinklers or smoke alarms in each bedroom, and
in all hallways and common areas. The provider shall ensure that an annual fire
safety inspection, which conforms to fire safety standards as determined by
each municipality, county, and special district with fire safety
responsibilities as defined in section
633.028, F.S., is conducted for
each shelter facility. A current inspection report shall be maintained in the
center records and made available for inspection upon request.
(j) Health Inspections. The provider shall
ensure that each shelter facility has an annual sanitation inspection through
their county health department. A current inspection report shall be maintained
in the center records and made available for inspection upon
request.
(3) Telephone.
The shelter facility shall have telephones that are centrally located and
readily available for staff member and participant use. Emergency numbers such
as emergency medical services, fire department, law emforcement, hospital, and
poison control center shall be posted by each telephone. There shall be at
least one cellular telephone available for use at all times in the event of
power and telephone line outages. TTY/telephone relay service for the hearing
impaired is required.
Rulemaking Authority
39.903 FS. Law Implemented
39.905
FS.
New 11-30-09, Formerly
65H-1.001,
65H-1.003, Amended 2-5-15,
5-4-20.
