Ga. Comp. R. & Regs. R. 120-3-3-.03 - Definitions
(1) "Ambulatory
Health Care Occupancy." A building or portion thereof used to provide services
or treatment simultaneously to four or more patients that (1) provides, on an
outpatient basis, treatment for patients that renders the patients incapable of
taking action for self-preservation under emergency conditions without the
assistance of others; or (2) provides, on an outpatient basis, anesthesia that
renders the patients incapable of taking action for self-preservation under
emergency conditions without the assistance of others. For the purpose of
compliance with Centers for Medicare & Medicaid Services (CMS) an
Ambulatory Health Care Occupancy is a building or portion thereof used to
provide services or treatment for one or more patients that (1) provides, on an
outpatient basis, treatment for patient(s) that renders the patient(s)
incapable of taking action for self-preservation under emergency conditions
without the assistance of others; or (2) provides, on an outpatient basis,
anesthesia that renders the patient(s) incapable of taking action for
self-preservation under emergency conditions without the assistance of others
"
(2) "Assistive device" means a
device that may restrain movement which has been determined to be required by a
licensed physician, nurse practitioner or physician's assistant working under a
protocol or job description respectively and is applied for protection from
injury or to support or correct the body alignment of the person, for the
treatment of a person's physical condition, and may only be used as a treatment
intervention where a specific written plan of care has been developed and the
resident consents to such use.
(3)
"Assisted living care" means the specialized care and services provided by an
assisted living community which includes the provision of personal services,
the administration of medications by a certified medication aide and the
provision of assisted self-preservation."
(4) "Assisted Living Community (ALC)" means
facility serving 25 residents or more that is licensed by the Georgia
Department of Community Health and meets the requirements of an existing health
care occupancy found in Chapter 19 of the Life Safety Code or
the requirements established in Chapter 34 or 35 of the Life Safety
Code as may be applicable for new or existing facilities."
(5) "Assisted self-preservation" as applied
to an Assisted Living Community (ALC) means the capacity of a resident to be
evacuated from an assisted living community to a designated point of safety and
within an established period of time as determined by the Office of the Safety
Fire Commissioner. Assisted self-preservation is a function of all of the
following:
(A) the condition of the
individual;
(B) the assistance that
is available to be provided to the individual by the staff of the assisted
living community, and
(C) the
construction of the building in which the assisted living community is housed,
including whether such building meets the safety requirements applicable to an
existing Health Care Occupancy or an Assisted Living Community as established
by Chapter 34 or 35 of NFPA 101, Life Safety Code, as may be
applicable respectively to a new or existing facility, and other safety to life
provisions as adopted by the Rules and regulations of the Safety Fire
Commissioner." (Also see the definition for "Self-Preservation")
(6) "Community Living Arrangement"
means for the purpose of this chapter, any residence whether operated for
profit or not which is subject to being licensed by the State, that undertakes
through its ownership or management to provide or arrange for the provision of
daily personal services, supports, care or treatment exclusively for two or
more adults who are not related to the owner or manager by blood or marriage
and whose residential services are financially supported, in whole or in part,
by funds designated through the Department of Human Services, Division of
Mental Health, Developmental Disabilities, and Addictive Diseases.
NOTE: Refer to Modification (72) relating to the 2012 Edition of NFPA 101, Life Safety Code for minimum requirements for safety to life from fire and related emergency conditions in Community Living Arrangements, Assisted Living Communities, Health Care Facilities, Limited Care Facilities, Personal Care Homes, and other specialty facilities as defined herein and or through modifications to NFPA 101, Life Safety Code.
(7)
"Evacuation Capability, Impractical" Means the total evacuation of all
residents from a building or structure cannot be achieved in less than thirteen
minutes whether day or night. The evacuation capabilities of residents in all
cases are based on the time of day or night when the evacuation of the facility
would be most difficult (e.g., sleeping residents and/or fewer staff
present).
(8) "Evacuation
Capability, Prompt." Means the total evacuation of all residents from the
building or structure can be achieved in three minutes or less whether day or
night. The evacuation capabilities of residents in all cases are based on the
time of day or night when evacuation of the facility would be the most
difficult (e.g., sleeping residents and/or fewest staff present).
(9) "Evacuation Capability, Slow." Means the
total evacuation of all residents from the building or structure can be
achieved in over three minutes but not in excess of thirteen minutes whether
day or night. The evacuation capabilities of residents in all cases are based
on the time of day or night when evacuation of the facility would be the most
difficult (e.g., sleeping residents and/or fewest staff present).
(10) "Existing Building" means buildings,
structures, facilities or conditions which are already in existence or
constructed and officially authorized prior to the effective date for the
adoption of this Chapter. This definition shall apply to all situations covered
by this chapter except where otherwise noted by this chapter."
(11) "Fire hazard" means for the intents and
purposes of this Chapter 120-3-3 and the codes and standards adopted
there-under, unless more specifically stated elsewhere in this Chapter, an
activity, circumstance, condition, situation, combination of materials,
material process, use or improper use of heat sources, or that on the basis of
applicable documentation, data, or sources deemed reliable by the authority
having jurisdiction, can cause an unwanted fire, a fire out of control, an
explosion, or a related condition, such as panic from a fear of smoke, fire, or
explosion, that the authority having jurisdiction determines it to be a risk to
persons, to property, or to the health, safety and or welfare of the
jurisdiction."
(12) "Fire Wall"
means, for the purpose of this chapter and O.C.G.A. Code Sections
25-2-4 and
25-2-13, walls of any approved
noncombustible construction having sufficient structural stability under fire
conditions to allow collapse of construction on either side without collapse of
the wall for the duration of time indicated by the required fire-resistance
rating, and that comply with the provisions for fire walls in accordance with
the International Building Code, as adopted by the Georgia
Department of Community Affairs. (Refer to modifications to the
International Building Code, as adopted by the Board of
Community Affairs regarding provisions for "double fire walls.")
(13) "ICC Code", means, for the purposes of
the Safety Fire Commissioner's Rules and Regulations, any of the codes, or
portions thereof, as published by the International Code
Council (ICC) and as adopted and modified as set forth in this Chapter
or any other chapter of the Safety Fire Commissioner's Rules and
Regulations.
(14) "Limited Care
(Custodial Care) Facilities". A building, or part thereof, used on a 24-hour
basis, for the housing, lodging or boarding of four or more persons who are
incapable of self-preservation because of age, physical limitation(s) due to
accident or illness, or mental limitation(s) such as mental illness or chemical
dependency. This occupancy classification also includes, but is not limited to
TBI Facilities or Traumatic Brain Injury Facilities. (See Chapters 18 and 19 of
the Life Safety Code for minimum requirements. Also see
120-3-3-.03 of Chapter 120-3-3 Rules
of the Safety Fire Commissioner for the definitions of "Assisted Living
Community" and "Memory Care Unit".)"
(15) Lodging or Rooming House. A building or
portion thereof that does not qualify as a one- or two-family dwelling, that
provides sleeping accommodations for a total of 15 or fewer people on a
transient or permanent basis, with or without meals, but without separate
cooking facilities for individual occupants. Foster homes, group homes,
battered spouse shelters, or similar facilities providing lodging and boarding
for four but not more than 15 residents or clients, not related by blood or
adoption to the owner(s) or operator(s) shall be deemed a lodging or rooming
house for purposes of this Chapter 120-3-3.
(16) "Memory care unit" means the assisted
living community, or specialized unit thereof, that either holds itself out as
providing additional or specialized care to persons with diagnoses of probable
Alzheimer's Disease or other dementia who may be at risk of engaging unsafe
wandering activities outside the unit or assisted living community (eloping),
or charges rates in excess of those charged other residents because of
cognitive deficits which may place the residents at risk of eloping. (Such
facilities shall comply with Chapter 34 or 35, as may be applicable, of NFPA
101, Life Safety Code, as adopted by this Chapter
120-3-3.)"
(17) "Mobile/portable
classroom structure", means a portable structure built on a chassis, designed
as a temporary student classroom structure for educational purposes, and
designed to be used with or without a permanent foundation."
(18) "Mobile/portable classroom structure,
Existing", means a mobile/portable classroom structure approved, constructed
and placed in use before the effective date of this Chapter 120-3-3."
(19) "NFPA Code or Standard" means, for the
purposes of the Safety Fire Commissioner's Rules and Regulations, any of the
codes and/or standards, or portions thereof, as published by the National Fire
Protection Association (NFPA) and as adopted and modified in this chapter or
any other chapter of the Safety Fire Commissioner's Rules and
Regulations.
(20) "Occupiable
Story" means, for the purpose of this chapter and the codes and standards
adopted herein, a story occupied by people on a regular basis. Stories used
exclusively for mechanical equipment rooms, elevator penthouses and similar
spaces are not occupiable stories.
(21) "Personal Care Home" means, for the
purposes of this chapter and O.C.G.A. Section
25-2-13(b)(1)(J),
a facility licensed by the Georgia Department of Community Health as a personal
care home. A personal care home is further defined as any dwelling, whether
operated for profit or not, which undertakes through its ownership or
management to provide or arrange for the provision of housing, food service,
and one or more personal services for two or more adults who are not related to
the owner or administrator by blood or marriage. (Personal Care Homes not
designated as an "Assisted Living Community" or a "Memory Care Unit" shall meet
the provisions of Chapter 32 or 33, as applicable for Residential Board and
Care Occupancies of NFPA 101, Life Safety Code, as adopted by
this Chapter 120-3-3. See the definition for "Residential Board and Care
Occupancies" in
120-3-3-.03)"
(22) "Primary Level of Exit Discharge" means,
for the purpose of this chapter and the codes and standards adopted herein,
that story which is level with or above finished grade by more than 50% of the
cubic volume of the occupiable story. Building levels below the primary level
shall not count as a story in determining the height of a building.
(23) "Residential Board and Care Occupancies
(Specifically Personal Care Homes/Facilities means a building, or part thereof,
which is used for lodging and boarding of four or more residents who are not
related by blood or marriage to the owners or operators, for the purpose of
providing personal care services. Such facilities may also be utilized as a
Community Living Arrangement. Either use must be licensed by the State agency
having licensing jurisdiction.) Any facility providing lodging and boarding and
personal care for four or more residents who are mostly incapable of
self-preservation, except brain injury centers, because of physical or mental
disability, shall require relocation of so classified excess residents to an
appropriate health care facility meeting, at the least, the provisions, for
limited care facilities as set forth by NFPA 101, Life Safety
Code. (See the definitions in 120-3-3.03 of Chapter 120-3-3 of the
Rules and Regulations of the Safety Fire Commissioner for "Assisted Living
Community" and "Memory Care Unit." Also, see the definitions for "Community
Living Arrangements", Limited Care Facilities, and "Limited Care (Custodial
Care) Facilities" relative to Traumatic Brain Injury (TBI)
Facilities.)"
(24)
"Self-Preservation," except as defined in NFPA 101, Life Safety
Code for day-care occupancies, means the ability to respond to an
emergency condition, whether caused by fire or otherwise, and escape the
emergency without physical, hands-on assistance from staff. The resident may
move from place to place by walking, either unaided or aided by prosthesis,
brace, cane, crutches, walker or handrails, or by propelling a wheelchair. (See
the definition of "Assisted Self-Preservation).
(25) "Sleeping Accommodations for Hire"
means, for the purpose of this chapter and O.C.G.A. Section
25-2-13(b)(1),
and the adopted codes herein, a bed, whether single, double, queen, or king,
which is for hire or rental, whether by the day, week, month, or some other
period of time.
(26) "Stories"
means, for the purpose of O.C.G.A. Section
25-2-13(b)(1)
and the codes and standards adopted herein, that level starting at the primary
level of exit discharge and ending at the highest occupiable story. A building
level below the primary level shall not count as a story in determining the
height of a building (see the definition of (20) for occupiable
story).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.