| (a) Fire evacuation classification rating and National
Fire Protection Association (NFPA) compliance. All documents published
by NFPA as referenced in these rules may be obtained by writing or
calling the NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471 or (800)
344-3555.
(1) An existing special care facility, which was licensed
prior to the effective date of the rules, shall:
(A) comply, at a minimum, with the edition of the National
Fire Protection Association 101, Code for Safety to Life from Fire
in Buildings and Structures, 2000 edition (NFPA 101), under which
it was initially licensed, or
(B) if classified as a health care occupancy, with
NFPA 101, Chapter 19, 2000 edition; or
(C) if classified as an occupancy other than a health
care occupancy, NFPA 101, Chapter 33; or
(D) if classified as an occupancy other than a health
care occupancy, the applicable code as determined by the local fire
authority.
(2) A new special care facility shall be classified
as a Limited Care Facility (LCF) or a Residential Board and Care Facility
(RBCF).
(A) A LCF, as the term is defined in §125.3(b)(1)
of this title (relating to Occupancy Classification), shall be classified
as a health care occupancy and shall comply with NFPA 101, Chapter
18.
(B) For an RBCF, as the term is defined in §125.3(b)(2)
of this title, the fire evacuation classification rating shall be
determined based on the evacuation capability of the residents. A
RBCF shall be designated as having an evacuation capability of prompt
or impractical.
(i) To be designated as prompt, all residents must
be able to travel from their living unit to a central location, such
as a lobby, living room or dining room area, on the level of the building
where the fire exit to the outside of the facility is located, within
a 13 minute period without continuous staff assistance. Elevators
cannot be used as an evacuation route.
(ii) A RBCF that is not able to meet all criteria specified
in clause (i) of this subparagraph will be designated as impractical.
(C) A RBCF with an evacuation capability of prompt
shall be classified as a residential board and care occupancy, and
must comply with NFPA 101, Chapter 32.
(D) A RBCF with an evacuation capability rating of
impractical shall be classified as a health care occupancy and must
comply with subparagraph (A) of this paragraph.
(b) Fire protection. Fire protection shall be provided
in accordance with the requirements of NFPA 101, §12-7, and §125.91
of this title (relating to Construction Requirements). When required
or installed, sprinkler systems for exterior fire exposures shall
comply with NFPA 80A, Recommended Practice for Protection of Buildings
from Exterior Fire Exposures, 1996 edition.
(c) Fire inspections.
(1) Annual inspection. Approval of the fire protection
of a SCF by the local fire department shall be a prerequisite for
licensure.
(2) Purpose of inspection. The purpose of these inspections
shall be to ascertain and to cause to be corrected any conditions
liable to cause fire or violations of any of the provisions or intent
of these rules, or of any other applicable ordinances, which affect
fire safety in any way.
(3) Hazardous or dangerous conditions or materials.
Whenever any of the officers, members, or inspectors of the fire department
or bureau of fire prevention find in any building or upon any premises
dangerous or hazardous conditions or materials, removal or remedy
of dangerous conditions or materials shall be carried out in a manner
specified by the head of the local fire department.
(4) Access for inspection. At all reasonable hours,
the chief of the fire department, the chief of the bureau of fire
prevention, or any of the fire inspectors may enter any building or
premises for the purpose of making an inspection or investigation
which may be deemed necessary under the provisions of these rules.
(d) Fire reporting. All occurrences of fire shall be
reported to the local fire authority and shall be reported in writing
to the director as soon as possible but not later than 10 calendar
days following the occurrence. Any fire causing injury or death to
a resident shall be reported within 24 hours of incident.
(e) Smoking rules. Each SCF shall adopt, implement
and enforce a smoking policy. The policy shall include the minimal
provisions of NFPA 101, §18.7.4, or §32.7.4.
(f) Fire extinguishing systems. Inspection, testing,
and maintenance of fire-fighting equipment shall be conducted by each
SCF.
(1) Water-based fire protection systems. All fire sprinkler
systems, fire pumps, fire standpipe and hose systems, water storage
tanks, and valves and fire department connections shall be inspected,
tested and maintained in accordance with NFPA 25, Standard for the
Inspection, Testing and Maintenance of Water-Based Fire Protection
Systems, 1998 edition.
(2) Range hood extinguishers. Fire extinguishing systems
for commercial cooking equipment, such as at range hoods, shall be
inspected and maintained in accordance with NFPA 96, Standard for
Ventilation Control and Fire Protection of Cooking Operations, 1998
edition.
(3) Portable fire extinguishers. Every portable fire
extinguisher located in a SCF or upon SCF property shall be installed,
tagged, and maintained in accordance with NFPA 10, Standard for Portable
Fire Extinguishers, 1998 edition.
(A) Extinguishers in resident corridors must be spaced
so that travel distance is not more than 75 feet. The minimum size
of extinguishers must be either 2 1/2 gallon for water type of five
pounds for ABC type. In large facilities, at least one portable Underwriters
Laboratory or Factory Mutual-approved five-pound Class B:C dry chemical
fire extinguisher, rechargeable type, is required in each laundry,
kitchen and walk-in mechanical room.
(B) Extinguishers must be surface wall-mounted or recessed
in an approved cabinet where they are not subject to physical damage
or dislodgement.
(g) Fire protection and evacuation plan. A plan for
the protection of patients in the event of fire and their evacuation
from the building when necessary shall be formulated according to
NFPA 101, §18.7, or §32.7. Copies of the plan shall be available
to all staff.
(1) Posting requirements. An evacuation floor plan
shall be prominently and conspicuously posted for display throughout
the SCF in public areas that are readily visible to patients, residents,
employees, and visitors.
(2) Annual training. Each SCF shall conduct an annual
training program for instruction of all personnel in the location
and use of fire-fighting equipment. All employees shall be instructed
regarding their duties under the fire protection and evacuation plan.
(h) Fire drills. The SCF shall conduct fire drills
on a regular basis.
(1) For existing facilities which were licensed prior
to the effective date of these rules, fire drills shall be conducted
at least quarterly.
(2) New facilities shall conduct fire drills as follows:
(A) A LCF shall conduct fire drills quarterly for each
shift.
(B) A RBCF shall conduct fire drills quarterly with
not less than two drills conducted during the night when residents
are sleeping.
(i) The drills may be announced in advance to the residents.
(ii) The drills shall involve the residents, family,
and staff in accordance with the emergency plan.
(iii) Residents shall be informed of evacuation procedures
and locations of exits.
(3) All fire drills shall be documented on a form.
There shall be an evaluation of each drill with respect to the fire
plan.
(4) The fire drill for a new facility classified as
a LCF or a RBCF shall include communication of alarms, and use of
fire-fighting equipments. The LCF drill may include simulation of
evacuation of patients.
(5) When drills are conducted between 9:00 p.m. and
6:00 a.m., a coded announcement may be used instead of audible alarms
in a LCF.
(i) Fire alarm system.
(1) For existing facilities which were licensed prior
to the effective date of these rules, a fire alarm system must be
provided only if required by local code, or under the applicable NFPA
101 occupancy category under which the facility was initially licensed.
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