Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 45 - Division of Developmental Disabilities › Chapter 5 - Standards for Community-Based Services › Section 9 CSR 45-5.140 - Fire Safety for Group Homes Serving 10-16 People

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the name of the
				  division to comply with House Bill 555 and House Bill 648 passed by the 95th
				  Missouri General Assembly which removed the term "mental retardation" from
				  Missouri statutes, updates the rule with current terminology in the field of
				  developmental disabilities, and adds requirements recommended by the Missouri
				  Department of Public Safety, Division of Fire Safety to ensure consistency with
				  current best practice in fire safety.
PURPOSE: This rule establishes fire safety
				  requirements for group homes serving ten to sixteen ( 10-16) people funded
				  through the Medicaid home and community-based waiver. The department delegates
				  its authority for fire safety inspections under this rule to the Department of
				  Public Safety, Division of Fire Safety.
(1) General Requirements.
(A) The staff shall conduct at least one (1)
				fire drill per month and one (1) natural disaster drill per quarter, with a
				minimum of two (2) drills, one (1) fire and one (1) natural disaster, conducted
				annually while the individuals are sleeping. A drill must be conducted within
				one (1) week of the arrival of a new individual. The staff shall maintain a
				written record at the facility of the date, type of drill, time required to
				evacuate the building whether the evacuation was completed, notation of any
				problems evacuating, and number of occupants present during the
				drill.
(B) Unscheduled drills shall
				be held at the Division of Fire Safety inspector's discretion.
(C) During severe weather, fire drills may be
				postponed.
(D) Each fire drill
				shall evacuate all persons from the building, or evacuate to an area of refuge
				and defend in place and conducted as follows:
1. Drills simulate an actual fire
				condition;
2. Occupants (referred
				to hereafter as "individuals") and staff members do not obtain clothing or
				personal effects after the alarm has sounded;
3. The occupants and staff members proceed to
				a predetermined point outside the building that is sufficiently remote to avoid
				fire danger, or to a predetermined point inside of the building;
4. Individuals and staff members remain in
				place until a recall is issued or until they are dismissed; and
5. Exception. If there is potential harm to
				individuals during drills because a resident is medically fragile, the provider
				may arrange the drill to not involve the medically fragile. However, all
				individuals who are medically fragile must participate in a drill at least once
				per year. This must be documented in the home.
(E) No window in a facility shall have bars
				or any other item placed over them in a stationary manner that would impede a
				rescue or evacuation.
(F) All
				flammable/combustible liquids, matches, toxic cleaning supplies, poisonous
				materials, or other hazardous items shall be stored so as to be inaccessible to
				the occupants if the occupants cannot handle the materials safely. If there are
				firearms and/or ammunition on the premises, they shall be kept in a locked
				space without access by individuals.
(G) Clothes dryers shall be vented to the
				outside or as recommended by the manufacturer and maintained
				properly.
(H) The house numbers
				shall be plainly visible from the street in case of emergency, at least four
				inches (4") in height and contrasting color with the building.
(I) Good housekeeping practices ensuring fire
				safety will be maintained daily.
(J) Stairways, walks, ramps, and porches
				shall be kept free of ice and snow.
(K) Fresh-cut Christmas trees shall not be
				used unless they are treated with a flame resistant material and documentation
				of the treatment is on file at the facility and available for review by the
				Division of Fire Safety.
(L)
				Candles and other devices that have an open flame shall not be used indoors.
				However, short-term supervised use of candles for special occasions or dinners
				is permitted.
(M) The facility may
				use a cellular phone when all of the following conditions are met:
1. The phone must always have a
				signal;
2. The phone must always be
				charged;
3. The phone must be able
				to make and receive normal calls;
4. The phone must remain at the facility at
				all times; and
5. The emergency
				plan for the facility must address the use of cellular phones.
(N) The facility shall notify the nearest fire
				department that the facility is in operation and have required documentation
				completed and signed by the local fire authority (fire department notification
				form) on file at the facility and available for review by the Division of Fire
				Safety inspector.
(O) Facilities served by a volunteer or membership
				fire department shall be a member in good standing with the fire department. A
				copy of the membership or receipt for membership shall be on file at the
				facility and available for review.
(P) The facility
				shall, as soon as possible but no later than the following business day, report
				any fire in the facility to the Division of Fire Safety office and the
				Department of Mental Health.
(Q) The Division of
				Fire Safety may make additional requirements that provide adequate life safety
				protection if it is determined that the safety of the occupants is endangered.
				Every building or structure shall be constructed, arranged, equipped,
				maintained, and operated to avoid danger to the lives and safety of its
				occupants from fire, smoke, fumes, or resulting panic during the period of time
				necessary for escape from the building.
(R) Prior to new
				construction, remodeling existing structures, and any structural alterations to
				existing facilities, the provider shall submit two (2) copies of plans and
				specifications prepared to scale for review and approval. One (1) copy shall be
				submitted to the Department of Mental Health's Licensure and Certification
				Unit; the second copy to the Division of Fire Safety. The plans shall include a
				narrative indicating the utilization of each area of the facility. The
				architect or contractor shall certify in writing that the plans are in
				compliance with these certification rules. The provider shall not begin
				construction until the plans have been reviewed and approved by the Division of
				Fire Safety. All plans for new construction, remodeling, or additions shall
				comply with the Americans with Disabilities Act, Accessibility
				Guidelines.
(S) During the construction or remodeling process, the
				provider shall request a framing and wiring inspection and an inspection for
				the rough-in wiring for the fire alarm system by the Division of Fire Safety
				before the walls are enclosed. Failure to request these inspections in a timely
				manner may result in an unapproved fire inspection from the Division of Fire
				Safety.
(T) The ceiling height in all facilities shall be a
				minimum of seven feet six inches (7'6"). An allowance will be made by the
				Division of Fire Safety for some areas that are below seven feet six inches
				(7'6") for the installation of ductwork and plumbing. No more than forty
				percent (40%) of the ceiling in each room shall be below minimal height, with
				no portion of the ceiling lower than six feet eight inches (6' 8").
(U)
				Facilities shall comply with all local building codes, fire codes, and
				ordinances.
(V) The latest edition of the National Fire Protection
				Association (NFPA), Chapter 101, Life Safety Code prevails in the
				interpretation of these rules.
(W) Each group home
				shall be inspected at least once annually by a Division of Fire Safety
				inspector. The department will initiate the fire safety inspection. If a
				facility is found out of compliance with the fire safety rules, the department
				will apply procedures for achieving compliance as promulgated under
				9 CSR
				45-5.060.