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 45-5.130 - Fire Safety for Group Homes Serving 4-9 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 recommendations of the 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 four to nine (4-9) people funded through
				  the Medicaid home and community-based waiver. This rule does not apply to
				  individual supported living in private residences. 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 one (1) fire and one (1) natural disaster drill per year conducted
				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 each fire drill shall be 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 individuals and staff members proceed to a predetermined point outside the
				building that is sufficiently remote to avoid fire danger, or in case of
				natural disaster drill to a predetermined point inside of the building;
				and
4. Individuals and staff
				members remain in place until a recall is issued or until they are
				dismissed.
5. Exception. If there
				is potential harm to residents 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 a 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 inspector.
(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 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
				have these inspections constitutes cause for disapproval by the Division of
				Fire Safety.
(T) Facilities that were certified and areas approved
				for care prior to the effective date of this rule shall have ceilings at least
				seven feet (7') in height. Facilities initially certified and areas initially
				approved for care on or after the effective date of this rule shall meet all
				the requirements of this rule and shall have ceilings at least seven feet, six
				inches (7'6") in height. If structural alterations are made in facilities
				certified prior to the effective date of this rule, those facilities shall meet
				all the requirements of this rule and shall have ceilings at least seven feet,
				six inches (7'6") in height in the altered space. Allowance will be made by the
				Division of Fire Safety inspector 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 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.