Florida's generator mandate for assisted living facilities lives in Rule 59A-36.025, Florida Administrative Code. One housekeeping note first, because it trips up a lot of searches: the rule was originally adopted in 2018 as 58A-5.036 under the Department of Elder Affairs, and was transferred to AHCA's chapter in 2019 — same requirements, new number. If a consultant or an old bookmark points you to 58A-5.036, you are looking at the predecessor of 59A-36.025.
This guide covers the numbers, the fuel rules by bed count, the plan-approval path, and a practical checklist — written for ALF administrators, not lawyers.
The rule at a glance
| Requirement | The number |
|---|---|
| Maximum ambient air temperature during a power loss | 81°F |
| Minimum duration | 96 hours |
| Minimum cooled area | 20 net sq ft per resident |
| Occupancy basis for planning | May use 80% of licensed bed capacity |
| Fuel onsite — 16 or fewer beds | 48 hours minimum |
| Fuel onsite — 17 beds or more | 72 hours minimum |
| Fuel during a declared state of emergency | 96 hours |
| Piped natural gas | Allowed — meets the onsite fuel requirement |
| Plan approval | County emergency management agency |
| Rule history | New 3-26-2018 (as 58A-5.036); transferred; amended 7-1-2019 and 11-23-2023 |
What the rule requires, in plain terms
After Hurricane Irma in 2017, Florida adopted emergency power rules for both nursing homes and ALFs. The ALF version, adopted under Fla. Stat. §429.41, requires each facility to prepare a detailed emergency environmental control plan built around an alternate power source — a generator or generators — sufficient to keep ambient temperature at or below 81°F for a minimum of 96 hours after loss of primary power.
Key practical points:
- You cool an area, not the whole building. The plan must cover at least 20 net square feet per resident. A 40-bed ALF needs at least 800 net square feet of cooled space; the rule lets you plan on 80% of licensed capacity, so a 40-bed license can plan for 32 residents — 640 net square feet. Group the cooled area on the circuits and air handlers the generator actually feeds.
- The temperature target drives generator size. Air conditioning compressors dominate the load, and their starting current — not just running watts — determines the kW you need. Small ALFs (residential-scale buildings) often land in the 20–48 kW range; larger multi-wing facilities run 60–150 kW. Size against the cooling equipment serving the designated area, plus refrigeration and life-safety loads.
- Evacuation-zone flexibility. Facilities located in an evacuation zone may use mobile generators so the power source can move with residents if the facility evacuates. This must be written into the approved plan.
- Shared resources. Facilities on a single campus or under common ownership may share fuel and alternate power resources where the plan documents it.
Fuel: 48 hours or 72 hours — count your beds
The fuel requirement splits by licensed capacity:
| Licensed beds | Fuel stored onsite (normal ops) | Fuel during declared state of emergency |
|---|---|---|
| 16 or fewer | 48 hours minimum | 96 hours |
| 17 or more | 72 hours minimum | 96 hours |
Notes that matter:
- Piped natural gas meets the onsite requirement. For small ALFs in particular, a natural gas standby set (for example, a Cat Olympian OG-series unit on the building's gas service) removes fuel storage, rotation, and post-storm delivery from the compliance problem entirely.
- Diesel and LP work too — the tank just has to hold enough usable fuel for your bed-count tier at the plan's load, and your plan must show how you reach 96 hours when an emergency is declared (supplier agreements, portable containers where allowed, or larger storage).
- If local ordinances restrict fuel storage at your site, the rule family allows an alternative procurement approach — write it into the plan and get it approved; do not improvise it during a storm.
The plan: writing it, approving it, keeping it current
- Write the emergency environmental control plan: the power source, fuel type and quantity, the cooled area calculation against your census basis, activation procedures, staffing, and — if you are in an evacuation zone — the mobile-generator arrangement.
- Submit it to your county emergency management agency for review and approval. New facilities submit before licensure; existing facilities resubmit when modifications affect compliance.
- Notify residents (and their representatives) in writing within 5 business days of submitting the plan and of implementing it.
- Keep it available. The plan, approval correspondence, and your written policies and procedures for using the generator must be on hand — surveyors ask for the paper, not just the machine. AHCA posts plan-status summaries publicly.
- Update after changes: bed-count changes across the 16/17 line, HVAC or generator replacement, fuel-system changes, or moving into or out of an evacuation zone all touch the plan.
Enforcement
The rule provides for license revocation, license suspension, and administrative fines for non-compliance, enforced by AHCA through surveys and complaint investigations. Since the plan status is public, non-compliance is also visible to families comparing facilities. After the 2018 deadlines passed, "we are still working on it" stopped being an accepted answer; today an unapproved plan or an inoperable generator is a straightforward deficiency. Verify the current fine schedule with AHCA — amounts depend on deficiency classification.
ALF vs. nursing home — the requirements are not identical
Operators who run both facility types (or who read the wrong article) mix these up constantly:
| Item | ALF (Rule 59A-36.025) | Nursing home (Rule 59A-4.1265) |
|---|---|---|
| Temperature / duration | 81°F for 96 hours | 81°F for 96 hours |
| Cooled area per resident | 20 net sq ft | 30 net sq ft |
| Planning basis | 80% of licensed capacity allowed | Licensed residents |
| Fuel onsite | 48 h (16 or fewer beds) / 72 h (17+) | 72 h regardless of size |
| Mobile generator option | Yes, for evacuation-zone facilities | Not the default path |
Nursing home operators: see the companion guide to Florida nursing home generator requirements.
Compliance checklist
- Confirm you are reading the current rule: 59A-36.025 (not the retired 58A-5.036 text), last amended 11-23-2023.
- Count licensed beds; determine your fuel tier (48 h at 16 or fewer, 72 h at 17+).
- Calculate the cooled area: residents (up to 80% of licensed capacity) × 20 net sq ft; map the rooms and the air handlers that serve them.
- Size the generator on the cooling load for that area including compressor starting kVA, plus refrigeration, medication storage, and life-safety loads. A quick load-by-load estimate: our sizing tool.
- Pick the fuel path: piped natural gas (meets the onsite rule outright), LP, or diesel with a tank sized for your tier.
- Document the 96-hour fuel procedure for declared emergencies.
- If in an evacuation zone: decide fixed vs. mobile generator and write the portability plan.
- Submit to county emergency management; send written resident notice within 5 business days of submission and implementation.
- Exercise the generator monthly under load and log it — see the NFPA 110 testing schedule for a defensible cadence.
- Re-validate the plan after any change in beds, HVAC, generator, fuel, or zone designation.
Common questions
Is a generator required for assisted living facilities in Florida?
Yes. Since 2018, every licensed Florida ALF must have an alternate power source capable of holding ambient temperature at or below 81°F for at least 96 hours, under Rule 59A-36.025 (originally adopted as 58A-5.036). There is no exemption for small facilities — the bed count only changes the fuel-storage tier.
How much fuel does an ALF have to keep onsite?
48 hours' worth for facilities with 16 or fewer beds, 72 hours' worth for 17 beds or more — and 96 hours' worth when a state of emergency is declared for your area. Piped natural gas is expressly allowed and satisfies the onsite requirement without stored fuel.
What happened to Rule 58A-5.036?
That was the original 2018 rule number under the Department of Elder Affairs chapter. Regulation of the requirement moved to AHCA's ALF chapter, and the rule now lives at 59A-36.025 with subsequent amendments (7-1-2019, 11-23-2023). The substance — 81°F, 96 hours, 20 sq ft, 48/72-hour fuel — carried over.
Can an ALF use a portable or mobile generator to comply?
Facilities in evacuation zones may plan around mobile generators so power can follow residents to a receiving site — but it must be in the county-approved plan. For non-evacuation-zone facilities, the practical standard is a source that reliably holds 81°F for 96 hours; a wheeled unit with no installed transfer arrangement and no approved plan does not meet that bar.
What size generator does an assisted living facility need?
It depends almost entirely on the air conditioning serving your designated cooled area. As rough anchors: a 6–16 bed residential-style ALF often needs 20–48 kW; a 40–100 bed facility commonly lands between 60 and 150 kW. Have the load calculated from the actual HVAC equipment — compressor starting current routinely doubles the apparent requirement.
This guide summarizes Rule 59A-36.025, F.A.C. (amended 11-23-2023). Counties run their own review procedures and AHCA guidance evolves — verify the current rule text and submission process with AHCA and your county emergency management agency before making equipment decisions.