Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.106 - HEALTH CARE FACILITIES › Subchapter 37.106.28 - Assisted Living Facilities › Rule 37.106.2866 - CONSTRUCTION, BUILDING AND FIRE CODES

Current through Register Vol. 13, July 5, 2024
(1) Any
				construction of or alteration, addition, modification, or renovation to an
				assisted living facility must meet the requirements of the building code and
				fire marshal agencies having jurisdiction and be approved by the officer having
				jurisdiction to determine if the building and fire codes are met by the
				facility.
(2) When a change in use,
				ownership, or building code occupancy classification occurs, licensure approval
				shall be contingent on meeting the building code and fire marshal agencies'
				standards in effect at the time of such a change. Changes in use include adding
				a category B, C, or D license endorsement to a previously licensed category A
				facility.
(3) Changes in the
				facility location, use or number of facility beds cannot be made without
				written notice to, and written approval received from, the
				department.
(4) Exit doors must be
				operable on the resident side of the door with a single motion and may not
				require special knowledge for the resident to open, except as approved by the
				fire marshal and building codes agencies having jurisdiction or in a secured
				unit or building that services category C or category D residents.
(5) Stairways, halls, doorways, passageways,
				and exits from rooms and from the building, shall be kept unobstructed at all
				times.
(6) All operable windows and
				outer doors that may be left open shall be fitted with insect
				screens.
(7) An assisted living
				care facility must have an annual fire inspection conducted by the appropriate
				local fire authority or the state fire marshal's office and maintain a record
				of such inspection for at least three years following the date of the
				inspection.
(8) An employee and
				resident fire drill must be conducted at least two times annually, no closer
				than four months apart, and include residents, employees and support staff on
				duty and other individuals in the facility. A resident fire drill includes
				making a general announcement throughout the facility that a resident fire
				drill is being conducted or sounding a fire alarm.
(9) Records of employee and resident fire
				drills must be maintained on the premises for 24 months from the date of the
				drill and include the date and time of the drill, names of the employees
				participating in the drill, and identification of residents needing assistance
				for evacuation.
(10) A 2A10BC
				portable fire extinguisher shall be available on each floor of a facility
				licensed for 20 or more residents. Facilities licensed for less than 20
				residents shall comply with the requirements of the fire authority having
				jurisdiction with respect to the number and location of portable fire
				extinguishers.
(11) Portable fire
				extinguishers must be inspected, recharged, and tagged at least once a year by
				a person certified by the state to perform such services.
(12) Smoke detectors installed and maintained
				pursuant to the manufacturer's directions shall be installed in all resident
				rooms, bedroom hallways, living room, dining room, and other open common spaces
				or as required by the fire authority having jurisdiction. An annual maintenance
				log of battery changes and other maintenance services performed shall be kept
				in the facility and made available to the department upon request.
(13) If there is an inside designated smoking
				area, it shall be separate from other common areas, and provided with adequate
				mechanical exhaust vented to the outside.
AUTH:
					 50-5-103,
					 50-5-226,
					 50-5-227,
					 MCA IMP:
					 50-5-225,
					 50-5-226,
					 50-5-227,
					 MCA