Florida 96 Hour Emergency Generator Rule

After the biggest hurricane of a century hit Florida and took many lives, the State of Florida Governor Scott signed a document called “96 Hour Emergency Generator Rule.” This rule was put into place due to some shortfalls in health care facilities. One such tragedy made headlines across the nation after 14 died in a nursing home in Hollywood Hills, Florida after they lost power to the air conditioning system. Because the facility had no air conditioning, the temperature inside the multi-story facility went well above 100 degrees.

This rule was put into place to insure hospitals, nursing homes, assisted living, etc have the facility air conditioning set to a minimum operating temperature of 80 degrees. This rule hopefully forces the health care industry in Florida to be better prepared for such emergencies. Envirosafe is offering assistance to help facilities implement the emergency rule. Our company has been building above ground fuel systems for generators in many different sizes from 500 gallon to 30,000 gallon since 1993. Not only do we build tanks, but we also have installers to get the project done from the beginning to the end. Please contact us: memco@envirosafetanks.com or by phone 800-555-4754.

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Notice of Emergency Rule
Federal Aging Programs
58AERI 7-1 Procedures Regarding Emergency Environmental Control for Assisted Living Facilities

  1. Assisted living facilities shall, within forty-five (45) days of the effective date of this emergency rule provide, in writing, to the Department of Elder Affairs at ALFEMPRelderaffairs.org and to the local emergency management agency for review and approval, a detailed plan which includes the following criteria:
    1. The acquisition of a sufficient generator or sufficient generators to ensure that current licensees of assisted living facilities will be equipped to ensure ambient temperatures will be maintained at or below 80 degrees Fahrenheit for a minimum of ninety-six (96) hours in the event of the loss of electrical power.
    2. The acquisition and safe maintenance of sufficient fuel to ensure that in the event of the loss of electrical power the generators will maintain ambient temperatures at or below 80 degrees Fahrenheit for a minimum of ninety-six (96) hours after the loss of electrical power.
    3. The acquisition of services necessary to install, maintain, and test the equipment and its functions to ensure the safe and sufficient operation of the generator system installed in the assisted living facility.
  2. Each assisted living facility shall, within sixty (60) days of the effective date of this rule, have implemented the plan required under this rule.
  3. If the facility’s initial submission of the plan is denied, then the local emergency management agency shall report the denial to the Florida Division of Emergency Management and the facility within forty-eight (48) hours of the date of the denial.
  4. Within ten (10) business days of the date of the local county emergency management agency’s notice of denial, the facility shall resubmit their plan.
  5. The county shall post all approved facility emergency management plans to their website within ten (10) days of the plan’s approval.
  6. Within forty-eight (48) hours of the approval of the plan from local emergency management agency, the facility shall submit in writing proof of approval to the Agency for Health Care Administration and the Department of Elder
  7. The State Fire Marshall shall conduct inspections to ensure compliance with this rule within fifteen (15) days of installation.
  8. Each assisted living facility shall develop and implement written policies and procedures to ensure that the facility can effectively and immediately activate, operate and maintain the generators and alternate fuel required for the operation of the generators.
  9. The Agency for Health Care Administration may revoke the assisted living facility’s license for failure to comply with this rule.
  10. In addition to other remedies provided by law, violation of this rule shall result in a fine or sanction as provided in Section 429.19, F.S. of $1,000 per day.

Florida 96 hour assisted living backup generator rule resources.

Department of elder affairs.

Message From Governor Rick Scott on Rule

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Q: Can natural gas be used as a fuel source?

Answer: The rule does not dictate the type of fuel permitted. Only sources of fuel that are stored onsite will be considered reliable, however a piped fuel source may serve as an additional resource. The plan that must be submitted for review should include fuel information.

Q: In order to meet the 96 hour fuel provision can the requirement be through an added above ground tank?

Answer: The rule does not require specific fuel storage method to allow flexibility for each provider to determine the most appropriate method to meet their facility needs. These details should be specified in the plan submitted for review and approval.for review should include fuel information.

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