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 45-5.110 - Fire Safety for Facility-Based Day Habilitation and Employment Service Settings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes fire safety
				  requirements for facility-based day habilitation and employment service
				  settings funded through the Medicaid home and community-based waivers. 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) People participating in facility-based
				day habilitation and employment service settings are restricted to using the
				floor of the building that is at ground level exit discharge. Exception: People
				participating in facility-based day habilitation and employment services may
				use the floor below and above the level of exit discharge if the entire
				building is protected throughout with an approved automatic sprinkler
				system.
(B) No facility-based day
				habilitation and employment service shall be located in the same building as a
				high hazard occupancy.
(C) The
				staff of the facility shall conduct at least one (1) fire drill at least once a
				month. In addition, a natural disaster drill will be conducted at least twice
				per year. 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 the number
				of occupants present during the drill.
(D) Unscheduled drills shall be held at the
				Division of Fire Safety inspector's discretion.
(E) During severe weather, fire drills may be
				postponed.
(F) Each fire drill
				shall evacuate all persons from the building and be conducted as follows:
1. Drills simulate an actual fire
				condition;
2. Occupants 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 to defend in place; and
4. Occupants and staff members remain in
				place until a recall is issued or until they are dismissed.
(G) No window in a facility shall
				have bars or any other item placed over it in a stationary manner that would
				impede a rescue or evacuation attempt.
(H) All flammable/combustible liquids,
				matches, toxic cleaning supplies, poisonous materials, medicines, or other
				hazardous items shall be stored so as to be inaccessible to the
				occupants.
(I) The building numbers
				shall be plainly visible from the street in case of emergency: at least four
				(4) inches in height and contrasting color with the building.
(J) Good housekeeping practices ensuring fire
				safety will be maintained daily.
(K) Stairways, walks, ramps, and porches
				shall be kept free of ice and snow.
(L) 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 inspector.
(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, no later than the following business day, report any fire
				in the facility to the Division of Fire Safety 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 inspector for some areas
				that are below seven feet six inches (7'6") for the installation of ductwork
				and plumbing, with no part of the ceiling less 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
				facility-based day habilitation and employment service setting shall be
				inspected at least once annually by a Division of Fire Safety inspector. The
				Department of Mental Health 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.