(1) All construction of new facilities or conversions and all additions, modifications, alterations, renovations, and refurbishing to the site, facility, equipment or systems of a facility must be in compliance with all applicable codes and standards. In addition to the standards in this rule, the following codes apply to design and construction of ICF/DD facilities:

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    (a) The Florida Building Code as adopted pursuant to Fl. Admin. Code R. 61G20-1.001, by the Florida Building Code Commission at the Department of Business and Professional Regulation.
    (b) The fire codes adopted by the State Fire Marshal pursuant to Rule Fl. Admin. Code Chapter 69A-38, by the Division of State Fire Marshal at the Department of Financial Services.
    (c) For the purpose of determining life safety occupancy classification, facilities providing services to clients that receive chronic, skilled/acute nursing or medical care or designated as a Level of Care 9 will be classified as a health care occupancy.
    (d) For the purpose of determining life safety occupancy classification, facilities providing personal care services will be classified as a residential board and care occupancy.
    (2) The Fire Safety Evaluation System (FSES) NFPA-101 adopted pursuant to Rule Fl. Admin. Code Chapter 69A-38, as required by the Division of State Fire Marshall at the Department of Financial Services, shall not be used to meet the required codes and standards for new construction, renovations, or for conversion of an existing building to a new licensed ICF/DD.
    (3) Where additions, modifications, alterations, refurbishing, renovations or reconstruction are undertaken within a facility, all such additions, modifications, alterations, refurbishing, renovations or reconstruction must comply with sections of the applicable codes for new facilities.
Rulemaking Authority 400.967 FS. Law Implemented 400.967(2)(a) FS. History-New 12-21-15.