9 CSR 40-1.090 - Fire Safety and Emergency Preparedness
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) General Requirements. The program
director shall ensure all local building codes, fire codes, and ordinances are
followed and all hazard detection systems, alarm systems, and other safety
equipment are maintained in proper operating condition. Practices shall be
implemented to protect all individuals from fire, smoke, noxious fumes, and
other safety hazards.
(A) Each residential
program and day program shall be inspected at least annually by a Division of
Fire Safety inspector. Initial and annual inspection reports must be maintained
on site and be available for review by department staff and other authorized
representatives.
(B) The 2018
regulations of the NFPA Life Safety Code 101 will prevail in
the interpretation of these rules. The regulations are incorporated by
reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617)
770-3000 or 1-800-344-3555, available at: www.nfpa.org. This rule does not incorporate
any subsequent amendments or additions to the regulations listed above. This
rule does not prohibit programs from complying with the regulations set forth
in newer editions of the incorporated by reference material listed in this
subsection of this rule.
(C) The
program address must be posted on the outside of the building where it is
plainly visible from the street with numbers/letters at least four inches (4")
in height and contrasting color with the building.
(D) Evacuation routes, with diagrams giving
clear directions on how to safely exit the building in a timely manner, must be
posted in locations throughout the building that are easily accessible to
individuals served, staff, and visitors.
(E) Staff shall demonstrate the knowledge and
ability to implement the program's emergency preparedness and evacuation plans
and be trained and demonstrate the ability to operate the fire alarm system,
fire extinguishers, and other safety devices. Training must be documented in
personnel records, including date(s) and signature of trainer(s).
(F) A fire drill shall be conducted at least
one (1) time per quarter, with a minimum of one (1) annual drill during
sleeping hours. All staff and individuals on each shift must participate in at
least one (1) annual fire drill. All drills must comply with the specifications
of the posted evacuation plan.
(G)
In addition to fire drills, staff and individuals served shall participate in
other emergency drills at least quarterly and as specified in the emergency
policies and procedures.
1. Individuals who
are unable to react to emergency situations in a safe and expedient manner must
have the supports necessary to implement their individual emergency
plan.
2. Each drill must be
documented and reviewed by staff responsible for execution of the emergency
practices. Documentation shall include, but is not limited to, number of staff
and individuals present during the drill, success of the drill or problems
encountered, length of the drill, and corrective action taken, including
training and education of staff and individuals served, as necessary.
(H) Hangings or draperies shall
not be placed over exit doors or located where they conceal or obscure any
exit.
(I) Stairways, sidewalks,
ramps, and porches shall be kept clear of ice, snow, and any other obstacles
that may be a potential fall or tripping hazard.
(J) Fresh-cut Christmas trees shall not be
used unless they are treated with a flame resistant material and documentation
of such is maintained on-site.
(K)
Candles and other devices that have an open flame shall not be used indoors.
Short-term, supervised use of candles for special occasions or dinners is
permitted.
(L) A program served by
a volunteer or membership fire department shall maintain documentation of a
current contract or proof of membership on-site.
(M) Staff shall notify the nearest fire
department when the residential program or day program becomes operational and
maintain the required signed documentation by the local authority (fire
department notification form) on-site.
(N) Clothes dryers shall be properly
maintained and vented to the outside, or as recommended by the
manufacturer.
(O) Smoking shall not
be allowed inside the program. At the discretion of the program director,
designated outdoor smoking areas may be provided away from doors and windows.
Supervision must be maintained based upon individual needs as documented in the
Individual Support Plan (ISP), Individual Treatment Plan (ITP), or care
plan.
(2) Hazard
Detection, Alarms, and Extinguishment. All smoke detectors, carbon monoxide
detectors, alarm systems, sprinkler systems, and adaptive alarm systems must be
installed and maintained in accordance with the 2018 NFPA Life Safety
Code 101, incorporated by reference and available from NFPA, 1
Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555,
available at: www.nfpa.org. Staff of the
Division of Fire Safety may make additional requirements to provide adequate
life safety protection if it is determined the safety of individuals is
endangered. This rule does not incorporate any subsequent amendments or
additions to the regulations listed above. This rule does not prohibit programs
from complying with the regulations set forth in newer editions of the
incorporated by reference material listed in this section.
(A) Fire detection and other emergency
notification systems shall be maintained to sound an alarm that can be heard
throughout the premises, above the noise of normal activities, radios, and
televisions. Notification must be provided automatically without delay.
Pre-signal systems are prohibited. Staff of the Division of Fire Safety may
make additional requirements to provide adequate life safety protection if it
is determined the safety of individuals is endangered.
1. Adaptive emergency alarm systems must be
installed if individuals who are deaf are being served in the
program.
(B) At least one
(1) portable, five pound (5 lb.) ABC-rated fire extinguisher, with directions
for use on the equipment, must be located on each floor of the building
including in or near every kitchen, storage room, furnace area, and other
mechanical equipment rooms. Additional fire extinguishers may be required by
the local authority based on the floor plan and number of levels being used by
individuals served so travel distance is no greater than seventy-five feet
(75') between fire extinguishers.
1. All staff
of the program must be knowledgeable on the location and use of the fire
extinguisher(s).
2. Education
provided to staff on the use of fire extinguishers must be documented and
available on site, including date(s) and signature of trainer(s).
3. Fire extinguishers must be inspected and
approved annually by a fire safety authority. Documentation of the inspection
and approval, including date and signature of inspector, must be maintained
on-site.
(C) Programs
serving four (4) or fewer individuals must have at least one (1) certified
Underwriters' Laboratories, Inc. (UL) or Factory Mutual (FM) smoke detector on
each floor in close proximity to bedrooms, hallways, living spaces, kitchen,
storage rooms, offices, and any other areas deemed necessary by Division of
Fire Safety staff.
1. If battery-powered smoke
detectors are used, they must be tested monthly and batteries changed as
needed. Documentation including the dates, testing, and changing of batteries
must be maintained on site.
2.
Smoke detectors that are ten (10) years old or older must be replaced with new
smoke detectors of the same style. Date(s) of installation must be maintained
on site.
(D) Programs
serving five (5) or more individuals must have a full coverage electrical fire
alarm system with battery backup, a master control panel, smoke detectors, heat
sensors, and pull station. Horns and strobe lights connected to the fire alarm
must be installed throughout the building(s). All equipment must be UL- or
FM-certified and installed on a dedicated circuit in the breaker box.
1. The system must be tested, inspected, and
approved semi-annually by an authorized inspector. A copy of the test report
and approval of the system must be maintained on site.
2. Heat detectors shall be installed in all
mechanical rooms, kitchens, and throughout the attic.
3. Smoke detectors that are connected to a
fire alarm system must be replaced after ten (10) years of service or
recalibrated by the manufacturer of the smoke detector. If the smoke detectors
are recalibrated, temporary smoke detectors must be installed so the fire alarm
system continues to function properly.
(E) In addition to having an electrical alarm
system, programs serving five (5) or more individuals must have an automatic
fire sprinkler system when any of the following conditions apply:
1. Individuals served use any floor above the
second (2nd) floor of the building;
2. Individuals who require mechanical or
staff assistance to evacuate the building use any floor above or below the
first (1st) floor; or
3.
Individuals use a floor below the level of exit discharge, such as a basement,
which exceeds twelve hundred (1,200) square feet in total area.
A. The water supply for the sprinkler system
may be a domestic water source, if the domestic water system is designed to
adequately support the design flow of the largest number of sprinklers in any
one area.
4. The
automatic sprinkler system shall be installed and maintained in accordance with
the 2019 NFPA Standards for Installation of Sprinkler Systems,
NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555
incorporated by reference and available at:
https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=13.
This rule does not incorporate any subsequent amendments or additions to the
standards listed above. This rule does not prohibit programs from complying
with standards set forth in newer versions of the incorporated by reference
material listed in this paragraph of this rule.
5. The sprinkler system shall be tested,
inspected, and approved semi-annually by an authorized inspector. A copy of the
test report and approval of the system shall be kept on file at the program for
review by Division of Fire Safety staff, department staff, or other authorized
representatives.
(F)
Programs using a commercial stove, deep fryer, or two (2) home-type ranges
placed side by side must be equipped with a range hood and extinguishing system
with an automatic cutoff of the fuel supply and exhaust system in case of fire.
1. The hood and extinguishment system must be
inspected by a qualified technician to ensure they are in good operating
condition in accordance with the 2017 NFPA Standards for Ventilation
Control and Fire Protection of Commercial Cooking Operations,
incorporated by reference and available at NFPA, 1 Batterymarch Park, Quincy,
MA 02169, (617) 770-3000 or 1-800-344-3555, available at:
https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=96.
This rule does not incorporate any subsequent amendments or additions to the
standards listed above. This rule does not prohibit programs from complying
with standards set forth in newer versions of the incorporated by reference
material listed in this paragraph of this rule.
2. The range hood and extinguishment system
shall be connected to the control panel of the fire alarm system. The
activation of the range hood fire extinguishment system must cause the fire
alarm system to activate throughout the building.
3. Home-type ranges separated by an eighteen
inch (18") cabinet are not required to have an extinguishing system installed
above them. Programs using a home-type range with no more than four (4) burners
and/or grill are not required to have a fire extinguishing system above the
range.
(G) Programs that have an attached garage
and/or use gas utilities, equipment, or appliances that pose a potential carbon
monoxide risk, shall install carbon monoxide detectors on each level of the
building according to the 2018 NFPA Life Safety Code 101 and
the recommendation of the local authority. The regulations are incorporated by
reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617)
770-3000 or 1-800344-3555, and available at: www.nfpa.org. This rule does not incorporate
any subsequent amendments or additions to the regulations listed above. This
rule does not prohibit programs from complying with the regulations set forth
in newer editions of the incorporated by reference material listed in this
subsection of this rule.
1. If an elevated
carbon monoxide level is detected in a program during a fire inspection, all
gas-fired appliances must be checked by a heating and air conditioning company
to identify the source of the carbon monoxide. Until program staff have
documentation on file verifying all gas-fired appliances were checked by a
heating and air conditioning company, are in safe working order, and the
building(s) is determined safe by the local authority, the fire inspection will
not be approved.
2. If a level of
carbon monoxide is determined that endangers the lives of individuals, the
local authority shall take measures necessary to ensure their safety which may
include evacuating or closing the program. Program staff shall obtain and
maintain documentation on site verifying all gas-fired appliances were checked
by a heating and air conditioning company and are in safe working order. The
program must be reinspected by the local authority and determined safe before
individuals can return or the program can reopen.
(3) Means of Egress and Exits.
Means of egress and exit from all buildings shall be maintained in accordance
with the 2018 NFPA Life Safety Code 101. The regulations are
incorporated by reference and available from NFPA, 1 Batterymarch Park, Quincy,
MA 02169, (617) 770-3000 or 1-800-3443555, available at:
www.nfpa.org. This rule does not
incorporate any subsequent amendments or additions to the regulations listed
above. This rule does not prohibit programs from complying with the regulations
set forth in newer editions of the incorporated by reference material listed in
this section.
(A) All programs must meet the
following requirements:
1. Each floor used by
individuals served shall have at least two (2) remotely located means of exit.
At least one (1) of these exits must lead directly outside at ground level, to
an outside stairway, or to an enclosed stairway constructed of materials with
at least a one- (1-) hour fire resistance rating on each level and an exit
leading directly outside;
2. Each
exit door shall be at least thirty inches (30") wide in existing licensed
buildings and at least thirty-six inches (36") wide in buildings constructed
after the effective date of these licensing rules;
3. All means of egress shall be free of items
that would obstruct the path of travel;
4. Doors that serve as a means of exit shall
not be locked or blocked against egress travel when the building is occupied.
Door locks requiring a key, tool, special code, or knowledge to unlock from the
inside shall not be used;
5.
Overhead garage doors shall not be considered as exit doorways;
6. Mirrors shall not be placed on exit doors
or adjacent to any exit in such a manner to confuse the direction of the
exit;
7. All hallways must have a
clear width of at least thirty-six inches (36") wide and be kept free of all
articles that might impede an individual's evacuation from the building,
including wheelchairs, walkers, or other support equipment;
8. Dead-end hallways cannot exceed twenty
feet (20');
9. No primary means of
escape or planned exit shall lead through a bathroom, storage room, furnace
room, garage, or any other room deemed hazardous by the local
authority;
10. All ramps must be
accessible, safe, and installed in accordance with the 2010 Americans
with Disabilities Act Standards for Accessible Design, established by
the U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue
NW, Washington DC 20530, (800)514-0301, incorporated by reference and available
at:
https://www.ada.gov/regs2010/2010ADAS-tandards/2010ADAstandards.htm.
This rule does not incorporate any subsequent amendments or additions to the
standards listed above. This rule does not prohibit programs from complying
with the standards set forth in newer editions of the incorporated by reference
material listed in this paragraph of this rule; and
11. Programs that have stairs, including
stairs used as a fire escape, shall meet the requirements of the 2010
Americans with Disabilities Act Standards for Accessible
Design, established by the U.S. Department of Justice, Civil Rights
Division, 950 Pennsylvania Avenue NW, Washington DC 20530, (800) 514-0301,
incorporated by reference and available at:
https://www.ada.gov/regs2010/2010ADAS-tandards/2010ADAstandards.htm,
the 2018 NFPA Life Safety Code 101, incorporated by reference
and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000
or 1-800-344-3555, available at: www.nfpa.org., and the local authority. This
rule does not incorporate any subsequent amendments or additions to the
standards listed above. This rule does not prohibit programs from complying
with the standards set forth in newer editions of the incorporated by reference
material listed in this paragraph of this rule.
(B) Programs serving five (5) or more
individuals shall meet the following requirements for means of egress and exit:
1. All outside exit doors must swing in the
direction of egress travel;
2. All
exit doors must be clearly marked and illuminated; and
3. Emergency lighting with battery backup
shall be installed to light all paths of egress travel. The location and number
of emergency lights shall be determined by the local authority. Emergency
lights shall be tested monthly with documentation maintained on site indicating
which lights were tested, the date tested, and the name and signature of the
staff performing the test.
(C) Each wing or hallway in programs serving
ten (10) or more individuals must be separated into fire compartment areas by
fire doors and walls having not less than a one- (1-) hour rating. All fire
doors shall be equipped with a door closer and may be held open at all times
with an electrical magnetic switch that is interconnected to the fire alarm
system.
(4) Appliances
and Mechanical Equipment. All heating, cooling, ventilation system(s), other
mechanical equipment, and appliances shall be installed and maintained in
accordance with manufacturer's recommendations.
(A) Use of unvented fuel-fired room heaters,
portable electric space heaters, and floor furnaces is not permitted.
(B) If wall heaters are used, they must be
installed and approved by the local authority and include adequate
guards.
(C) The home's primary heat
source shall not be a fireplace.
1. Fireplaces
used for decorative purposes shall be installed, operated, and maintained in a
safe manner. The use of a wood-or gas-burning fireplace is permitted only if
the fireplace is built of firebrick or metal, enclosed by masonry, has a metal
or tempered glass screen, and is inspected and approved by a local authority
with documentation maintained on-site.
2. Fireplaces not in compliance with these
requirements may be in the home if they are for decorative purposes only, or if
they are equipped with decorative-type electric logs or other electric heaters
which bear the UL label and are constructed of electrical components complying
with and installed in compliance with the NFPA 2017 National Electrical
Code, NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471, (800) 3443555,
incorporated by reference and available at:
https://www.nfpa.org/NEC/electrical-codes-and-standards.
This rule does not incorporate any subsequent amendments or additions to the
standards listed above. This rule does not prohibit programs from complying
with the standards set forth in newer editions of the incorporated by reference
material listed in this paragraph of this rule.
(D) If the building has elevator(s), the
ele-vator(s) shall be inspected annually by a state-licensed inspector and have
a state-issued operating permit from the Division of Fire Safety available for
review.
(5) Protection.
Smoke stop partition(s) in all programs must comply with the requirements of
the Division of Fire Safety and the 2018 NFPA Life Safety Code
101, NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or
1-800-344-3555, incorporated by reference and available at:
www.nfpa.org. This rule does not
incorporate any subsequent amendments or additions to the regulations listed
above. This rule does not prohibit programs from complying with the regulations
set forth in newer editions of the incorporated by reference material listed in
this section.
(6) Interior Finish.
Interior finish in all programs must comply with requirements of the Division
of Fire Safety and the 2018 NFPA Life Safety Code 101, NFPA, 1
Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555,
incorporated by reference and available at: www.nfpa.org. This rule does not incorporate
any subsequent amendments or additions to the regulations listed above. This
rule does not prohibit programs from complying with the regulations set forth
in newer editions of the incorporated by reference material listed in this
section.
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.