No. 27433 (Amendment): R710-3. Assisted Living Facilities

DAR File No.: 27433
Filed: 09/16/2004, 11:32
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Fire Prevention Board met on September 14, 2004, in a regularly scheduled Board meeting and proposed to amend Rule R710-3 to update two incorporated references, to add a new subsection on Residential Treatment Assisted Living Facilities (R710-3-3(3.4), redefine variance request procedures, establish regulations for specialized security, and give an allowance to modify corridor widths in existing Type II facilities.

 

Summary of the rule or change:

A summary of the proposed amendments to Rule R710-3 are as follows: 1) in Section R710-3-1, the Board proposes to update two incorporated references; 2) in Section R710-3-2, the Board proposes to add corrective definitions and add the definition to establish Residential Treatment Assisted Living Facility; 3) in Subsections R710-3-3(3.2.9) and R710-3-3(3.3.8), the Board proposes to redefine the allowance for non-ambulatory persons to receive a variance in Type I and Type II Assisted Living Facilities; 4) in Subsection R710-3-3(3.3.4.1), the Board proposes to add the allowance for existing Type II Small Assisted Living Facilities to have a path of egress acceptable to the Authority Having Jurisdiction (AHJ); 5) in Subsection R710-3-3(3.3.6), the Board proposes to add the requirements for Type II facilities that require specialized security; 6) in Subsection R710-3-3(3.3.7), the Board proposes to add the requirements for Type II Assisted Living Facilities where approved listed delay egress locks are allowed for specialized security; 7) in Subsection R710-3-3(3.4), the Board proposes to add a new subsection called Residential Treatment Assisted Living Facilities. This new subsection defines fire and life safety requirements needed for those Residential Treatment Assisted Living Facilities that are licensed by the Utah Department of Human Services.

 

State statutory or constitutional authorization for this rule:

Section 53-7-204

 

This rule or change incorporates by reference the following material:

The International Fire Code (IFC), 2003 edition, as published by the International Code Council; and the International Building Code (IBC), 2003 edition, as published by the International Code Council

 

Anticipated cost or savings to:

the state budget:

There would be a cost of $59 per volume to purchase the 2003 International Fire Code and a cost of $72 per volume for the purchase of the 2003 International Building Code. The aggregate anticipated cost to the state budget would be approximately $3,200 to purchase these incorporated references.

 

local governments:

There would be a cost of $59 per volume to purchase the 2003 International Fire Code and a cost of $72 per volume for the purchase of the 2003 International Building Code. The aggregate anticipated cost to local government is impossible to predict since the number of volumes purchased by local government is unknown.

 

other persons:

There is no aggregate anticipated cost or savings to other persons because these proposed rules do not effect other persons with regard to cost.

 

Compliance costs for affected persons:

There would be a cost of $59 per volume to purchase the 2003 International Fire Code and $72 per volume to purchase the International Building Code.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses for the enactment of these proposed rules.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Fire Marshal
5272 S COLLEGE DR
MURRAY UT 84123-2611

 

Direct questions regarding this rule to:

Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/15/2004

 

This rule may become effective on:

11/16/2004

 

Authorized by:

Gary A. Wise, State Fire Marshal

 

 

RULE TEXT

R710. Public Safety, Fire Marshal.

R710-3. Assisted Living Facilities.

R710-3-1. Introduction.

Pursuant to Title 53, Chapter 7, Section 204, of the Utah Code Annotated 1953, the Utah Fire Prevention Board adopts for the purpose of establishing minimum standards for prevention of fire and for the protection of life and property against fire and panic in assisted living facilities.

There is adopted as part of these rules the following codes which are incorporated by reference:

1.1 International Fire Code (IFC), [2000]2003 edition, as published by the International Code Council, Inc. (ICC), except as amended by provisions listed in R710-3-3, et seq.

1.2 International Building Code (IBC), [2000]2003 edition, as published by the International Code Council, Inc. (ICC), and as adopted under the authority of the Uniform Building Standards Act, Title 58, Chapter 56, Section 4, Utah Code Annotated 1953 and the Utah Administrative Code, R156-56-701.

1.3 Copies of the above code are on file in the Office of Administrative Rules and the State Fire Marshal.

 

R710-3-2. Definitions.

2.1 "Ambulatory" means a person who is capable of achieving mobility sufficient to exit without the physical assistance of another person. An equivalency to "Ambulatory" may be approved under the conditions stated in Sections [3.3.7]3.2.9, 3.3.8 or 3.4.9.

2.2 "Assisted Living Facility" means:

2.2.1 a Type 1 Assisted Living Facility, which is a residential facility licensed by the Utah Department of Health, that provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person.

2.2.2 a Type 2 Assisted Living Facility, which is a residential facility licensed by the Utah Department of Health, that provides an array of coordinated supportive personal and health care services to residents who meet the definition of semi-independent.

2.2.3 a Residential Treatment Assisted Living Facility, which creates a group living environment for four or more residents licensed by the Utah Department of Human Services, and provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person.

2.2.[3]4 Assisted Living Facilities shall be classified by size as follows:

2.2.[3]4.1 "Type 1, [and ]2, and Residential Treatment Limited Capacity [Assisted Living ]Facility" means an assisted living facility accommodating five or less residents, excluding staff.

2.2.[3]4.2 "Type 1, [and ]2, and Residential Treatment Small [Assisted Living ]Facility" means an assisted living facility accommodating at least six and not more than 16 residents, excluding staff.

2.2.[3]4.3 "Type 1, [and ]2, and Residential Treatment Large [Assisted Living ]Facility" means an assisted living facility accommodating more than sixteen residents, excluding staff.

2.3 "Authority Having Jurisdiction (AHJ)" means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority.

2.4 "Board" means Utah Fire Prevention Board.

2.5 "IBC" means International Building Code.

2.6 "ICC" means International Code Council, Inc.

2.7 "IFC" means International Fire Code.

2.8 "Licensing Authority" means the Utah Department of Health or the Utah Department of Human Services.

2.9 "Semi-independent" means a person who is:

2.9.1 physically disabled but able to direct his or her own care; or

2.9.2 cognitively impaired or physically disabled but able to evacuate from the facility with the physical assistance of one person.

2.10 "SFM" means State Fire Marshal.

 

R710-3-3. Amendments and Additions.

3.1 General Requirements

3.1.1 All facilities shall be inspected annually and obtain a certificate of fire clearance signed by the AHJ.

3.1.2 All facility administrators shall develop emergency plans and preparedness as required in IFC, Chapter 4.

3.1.3 IFC, Chapter 9, Sections 907.3.1.2 and 907.3.1.[9]8 is deleted.

3.2 Type 1 Assisted Living Facilities

3.2.1 Type 1 Limited Capacity Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-3, and maintained in accordance with the IBC and IFC.

3.2.2 Type 1 Limited Capacity Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

3.2.3 Residents in Type 1 Limited Capacity Assisted Living Facilities shall be housed on the first story only, unless an approved outside exit leading to the ground level is provided from any upper or lower level. Split entry/split level type homes in which stairs to the lower and upper level are equal or nearly equal, may have residents housed on both levels when approved by the AHJ.

3.2.4 In Type 1 Limited Capacity Assisted Living Facilities, resident rooms on the ground level, shall have escape or rescue windows as required in [IBC]IFC, Chapter 10, Section [1009]1025.

3.2.5 In Type 1 Limited Capacity Assisted Living Facilities an approved independent smoke detector shall be installed in each sleeping room and access hallway.

3.2.6 Type 1 Small Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

3.2.6.1 An automatic fire sprinkler system shall be provided throughout buildings listed as Group R-4 that contain more than eight occupants. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas. 3.2.7 Type 1 Small Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

3.2.8 Type 1 Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

3.2.8.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

3.2.9 In a Type 1 Assisted Living Facility, non-ambulatory persons are permitted after receiving approval for a variance from the Utah Department of Health as allowed in Utah Administrative Code, R432-2-18.

3.3 Type 2 Assisted Living Facilities

3.3.1 Type 2 Limited Capacity Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

3.3.1.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group R-4 that contain more than eight occupants. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

3.3.2 Type 2 Limited Capacity Assisted Living Facilities shall have an approved automatic fire extinguishing system installed in compliance with the IBC and IFC, or provide a staff to a resident ratio of one to one on a 24 hour basis.

3.3.3 Type 2 Small Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

3.3.3.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

3.3.4 Type 2 Small Assisted Living Facilities shall have a minimum corridor width of six feet.

3.3.4.1 Type 2 Small Assisted Living Facilities in existence before November 16, 2004, shall have a minimum corridor width of six feet or a path of egress that is acceptable to the AHJ.

3.3.5 Type 2 Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-2, and maintained in accordance with the IBC and IFC.

3.3.5.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

3.3.6 In Type II Assisted Living Facilities, where the clinical needs of the patients require specialized security, approved access controlled egress doors may be installed when all of the following are met:

3.3.6.1 The controlled egress doors shall unlock upon activation of the automatic fire sprinkler system or the automatic fire detection system.

3.3.6.2 The facility staff can unlock the controlled egress doors by either sensor or keypad.

3.3.6.3 The controlled egress doors shall unlock upon loss of power.

3.3.7 In Type II Assisted Living Facilities, where the clinical needs of the patients require approved, listed delayed egress locks, they shall be installed on doors as allowed in IBC, Section 1008.1.8.6. Section 1008.1.8.6(3) is deleted.

[ 3.3.6 Upon request to the Utah Department of Health for a non-ambulatory variance as allowed in Utah Administrative Code, R432-2-18, the following conditions shall be met:

3.3.6.1 The attending physician's diagnosis and orders for care.

3.3.6.2 Hospice plan of care if applicable

3.3.6.3 The facilities service plan which includes a statement that the facility is willing and capable of meeting the residents needs.

3.3.6.4 A statement from the responsible party stating that they will be involved in the plan of care.

3.3.6.5 The resident will be provided with 24 hour/7 day one to one care and that care giver will be capable of exiting the resident from the facility in an emergency.

3.3.6.6 The authority having jurisdiction will be sent a copy of this variance.

] 3.3.8 In a Type II Assisted Living Facility, non-ambulatory persons are permitted after receiving approval for a variance from the Utah Department of Health as allowed in Utah Administrative Code, R432-2-18.

3.4 Residential Treatment Assisted Living Facilities

3.4.1 Residential Treatment Limited Capacity Assisted Living Facility shall be constructed in accordance with IBC, Residential Group R-3, and maintained in accordance with the IBC and IFC.

3.4.2 Residential Treatment Limited Capacity Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

3.4.3 Residents in Residential Treatment Limited Capacity Assisted Living Facilities shall be housed on the first story only, unless an approved outside exit leading to the ground level is provided from any upper or lower level. Split entry/split level type homes in which stairs to the lower and upper level are equal or nearly equal, may have residents housed on both levels when approved by the AHJ.

3.4.4 In Residential Treatment Limited Capacity Assisted Living Facilities, resident rooms on the ground level, shall have escape or rescue windows as required in IBC, Chapter 10, Section 1009.

3.4.5 In Residential Treatment Limited Capacity Assisted Living Facilities an approved independent smoke detector shall be installed in each sleeping room and access hallway.

3.4.6 Residential Treatment Small Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

3.4.7 Residential Treatment Small Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

3.4.8 Residential Treatment Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

3.4.8.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

3.4.9 In a Residential Treatment Assisted Living Facility, non-ambulatory persons are permitted after meeting the requirements listed in Utah Administrative Code, R501-2-11, and receiving approval from the Office of Licensing, Utah Department of Human Services.

 

KEY: assisted living facilities

[January 2, 2002]November 16, 2004

Notice of Continuation June 19, 2002

53-7-204