Missouri Code of State Regulations › Title 9 - DEPARTMENT OF MENTAL HEALTH › Division 40 - Licensing Rules › Chapter 1 - Definitions, Licensing Procedures, and General Requirements for Community Residential Programs and Day Program › Section 9 CSR 40-1.090 - Fire Safety and Emergency Preparedness

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The rule prescribes fire safety and
				  emergency preparedness requirements for all residential programs and day
				  programs subject to licensure by the department in accordance with
				  9 CSR
				  40-1.055. This rule does not apply to Residential Care
				  Facilities (RCF) and Assisted Living Facilities (ALF) dually licensed by the
				  Department of Health and Senior Services (DHSS).
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.