Fire Safety for Facility-based Day Habilitation and Employment Service Settings

PURPOSE: This rule establishes fire safety requirements for facilitybased 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. (2) Means of Egress Requirements. (A) Each floor occupied in the facility shall have not less than two (2) remotely located means of egress. Each exit door in existing approved facilities shall not be less than thirtytwo inches (32") wide. All exit doors in new construction and facilities approved for service delivery after the effective date of this rule shall be a minimum of thirty-six inches (36") wide. (B) No door in the path of travel to the means of egress shall be less than thirty-two inches (32") wide in an approved existing facility. (C) At no time shall the occupants of the facility exit through a bathroom, storage room, furnace room, kitchen, garage, or any other room deemed hazardous by the Division of Fire Safety inspector. (D) All exit doors shall swing in the direction of egress travel and have door closures attached. In smaller facilities that care for ten (10) or fewer individuals, the exit doors may swing inward providing all of the individuals are ambulatory. Door closures are not required in smaller facilities. (E) Emergency lighting that has a battery backup shall be installed to light the path of egress. The location and number of emergency lights shall be determined by the Division of Fire Safety. These lights shall be tested monthly and documentation kept indicating what lights are tested and the date and name of the person performing the test. (F) Lighted exit signs with a battery backup shall be installed above exit doors and as needed throughout the facility to direct the occupants to the exits. Lighted exit signs shall be tested monthly and documentation kept indicating what lights are tested and the date and name of the person performing the test. (G) No locks that require a key or special knowledge to unlock the lock from the inside shall be allowed. Delayed egress locks complying with section 7.2.1.6.1 of the 2012 edition NFPA 101 are permitted, provided that no more than one (1) such device is located in any egress path. (H) Overhead garage doors are not recognized as exit doorways. (I) Mirrors shall not be placed on exit doors or adjacent to any exit in such a manner to confuse the direction of the exit. All exit doors shall be readily recognizable. (J) All hallways shall have a clear width of at least thirty-six inches (36") wide and shall be kept free of all articles that might impede the occupants’ evacuation from the home. (K) Dead-end corridors/hallways shall not exceed twenty feet (20'). (L) All facilities that have a set of stairs or use stairs as an exterior fire escape shall be constructed as follows: 1. All stairs shall be at least thirty-six inches (36") wide. Fire escapes shall be constructed of noncombustible materials; 2. A maximum rise of eight inches (8"); 3. A minimum tread of nine inches (9"); 4. A maximum height between landings of twelve feet (12'); 5. A minimum landing size of forty-four inches (44"); 6. Handrails placed on both sides of sturdy construction and positioned thirty-four to thirty-eight inches (34"–38") above the tread; 7. An outside diameter of the handrails of at least one and one-fourth inches (1 1/4") and no greater than two inches (2") in size; 8. Handrails with a clearance of at least one and one-half inches (1 1/2") between the handrail and the wall or upright to which it is attached; and 9. Spiral staircase or winder is not permitted. (M) Every ramp used in the component of the means of egress shall be a minimum of forty-four inches (44") wide, and have landings at the top and bottom being the same width as the ramp. Ramp height shall comply with the following: 1. Ramps less than three inches (3”) in height have a slope of one inch (1") per eight inches (8") of run; 2. Ramps with a height of three to six inches (3"–6") have a slope of one inch (1") per ten inches (10") of run; and 3. Ramps with a height greater than six inches (6") have a slope of one inch (1") per twelve inches (12") of run. (N) All ramps shall have a slip-resistant surface and be designed so that water or snow does not accumulate on their surface. (O) All ramps over ten inches (10") in height shall have guardrails and handrails on both sides. (3) Windows for Emergency Rescue and Ventilation. (A) Every room or space greater than three hundred (300) square feet used by individuals shall have at least one (1) outside window for emergency rescue and ventilation. The window shall comply with the following: 1. Is operable from the inside without the use of tools; 2. Provides a clear opening of at least twenty inches (20") wide, twenty-four inches (24") in height, and has a total clear opening space no less than 5.7 square feet in size; 3. The bottom of the window opening is no more than forty-four inches (44") above the floor; 4. Any latching device is operated easily; 5. Provides a clear opening that is a rectangular solid, with a minimum width and height that provides the required 5.7 square feet opening and a minimum depth of twenty inches (20") to allow passage through the opening; 6. The windows shall be accessible by the fire department and open into an area having access to a public way. (B) Subsection (3)(A) does not apply in the following situations: 1. In buildings protected throughout by an approved, supervised automatic sprinkler system; 2. When the room or space has a door leading directly to the outside of the building; or 3. If it is an interior room greater than three hundred (300) square feet in size and has two (2) remotely located means of egress and the egress doors are a minimum of thirty-six inches (36") wide and swings in the direction of egress. (4) Travel Distance to Exits. (A) The travel distance between any room door intended as an exit access or an exit shall not exceed one hundred feet (100'). (B) The travel distance between any point in a room and an exit shall not exceed one hundred fifty feet (150'). (C) The travel distance in (A) and (B) above shall be permitted to be increased by fifty feet (50') in buildings protected throughout by a supervised automatic sprinkler system that is approved by the Division of Fire Safety inspector, based on the National Fire Protection Association Standards for Sprinkler Systems. (5) Protection. (A) Any vertical openings and stairwells shall be enclosed and protected with a one- (1-) hour fire barrier and self-closing device attached to the door. (B) All furnace rooms, rooms containing water heaters, boiler rooms, laundry rooms, and storage rooms shall be separated from the remainder of the building by construction having not less than a one- (1-) hour fire resistance rating. All doors to these rooms shall have a self-closing device attached and a one- (1-) hour fire resistive rating. The one- (1-) hour rating required for these rooms or areas are not required if the facility installs a one and three quarters inch (1 3⁄4") thick solid core wood door or a twenty (20) minute fire rated door with a self-closure device installed and an automatic sprinkler head supplied by the domestic water supply or has an approved automatic sprinkler system. A fire alarm initiating device shall be installed in these rooms or areas. Before approval of the sprinkler installation using plastic pipe the provider must present documentation the pipe (minimum 1⁄2 inch diameter) and fittings are tested and approved to the 1881 or 1887 standard for use in sprinkler applications. If the sprinkler option is chosen, the above appliances must be enclosed in a smoke resistant enclosure. The door to these rooms shall be a minimum of one and three quarters inch (1 3⁄4") solid bonded wood core door with a self- closing device or a twenty minute fire rated door. No open penetrations including combustion air or return air vents are allowed to penetrate these enclosures or doors. Louvers that close on activation of the fire alarm or smoke detectors are allowed. (C) Facility-based day habilitation and employment service settings shall be separated from other occupancies in the same building in accordance with the following: Use Group Fire Wall Separation in Hours Place of assembly 2 Business 1 Mercantile 2 Institutional restrained 1 Hotels or dormitories 2 (6) Interior Finish. (A) Interior wall and ceiling finishes throughout shall be a minimum Class B finish, as specified in the definition section of these fire safety rules. Textile material having a napped, tufted, looped, woven, non-woven, or similar surface shall not be applied to walls or ceilings. Foam plastic materials or other highly flammable or toxic materials shall not be used as an interior wall, ceiling, or floor finish. (B) All wall studs, ceiling joists, and floor joists shall be covered with a minimum of Class B finish, and no exposed studs or joists shall be allowed. (C) Hangings or draperies shall not be placed over exit doors or be located to conceal or obscure any exit. All other hangings and draperies shall be treated with a flame retardant material with verification to this effect on file for the Division of Fire Safety inspector to review. An exception can be made for window valances and shall be noted by the inspector on the fire inspection survey. (7) Detection, Alarms, Extinguishment. (A) All facility-based day habilitation and employment service settings programs serving forty-nine (49) people or less shall have smoke detectors installed on each level, in all occupied spaces, storage rooms, and throughout all corridors and in all other locations as deemed necessary by the Division of Fire Safety inspector. All smoke detectors shall be powered by the building’s electrical system and have a nine- (9-) volt battery backup and be interconnected. Smoke detectors shall be installed and arranged so that the activation of any smoke detector causes the operation of an alarm in all detectors that is clearly audible throughout the building, including in bathrooms, corridors, and activity rooms, and above the noise of radios, televisions, and noises of normal activity. (B) All facility-based day habilitation and employment service settings programs serving fifty (50) people or more shall have a full coverage electrical fire alarm system. Pull stations shall be mounted at each exit door, and horns/strobes shall be installed throughout the facility. Smoke detectors shall be installed in all rooms, throughout all corridors, in all living spaces, storage rooms, and offices. Additional smoke detectors may be required by the Division of Fire Safety inspector as deemed necessary. Heat detectors shall be installed in all mechanical rooms, kitchens, laundry rooms, closets, and throughout the attic. The battery backup control panel shall be Underwriters Laboratories, Inc. (UL) or Factory Mutual (F.M.) listed and installed on a dedicated circuit in the breaker box. The fire alarm system shall be installed and maintained in accordance with the NFPA 72 Fire Alarm Code and in good working order. (C) The fire alarm system shall be monitored by a monitoring company or transmitted directly to the fire department when fifty (50) or more individuals are present. (D) All facilities shall have the fire alarm system tested, inspected, and approved annually by a fire alarm company in accordance with the NFPA 72 Fire Alarm Code. A copy of the test report and approved inspection report of the system shall be kept on file at the facility for review by the Division of Fire Safety inspector and the department. (E) Occupant notification shall be provided automatically without delay. Pre-signal systems shall be prohibited. (F) Any facility that has hearing-impaired occupants shall make adequate provisions so that the activation of any fire alarm system shall notify the occupants of the building. The Division of Fire Safety inspector may require additional requirements for the hearing-impaired occupants to insure adequate modification. (G) All smoke detectors that are ten (10) years old or older shall be replaced with new smoke detectors of the same style. The new smoke detectors shall have the installation date written on the side of the detector for the Division of Fire Safety inspector to reference. All smoke detectors that are connected to a fire alarm system shall be replaced after ten (10) years of service, or recalibrated by the smoke detector’s manufacturer. If the smoke detectors are recalibrated, temporary smoke detectors shall be installed so that the fire alarm system continues working properly and providing protection to the occupants while the original smoke detectors are being serviced. (H) Facilities using any equipment or appliances using wood or fossil fuel that pose a potential carbon monoxide risk, including facilities with attached garages, shall install a carbon monoxide detector(s). The detector(s) shall be installed according to the manufacturer’s instructions. The Division of Fire Safety may require additional carbon monoxide detectors if the Division of Fire Safety inspector determines that the safety of the occupants is endangered. 1. Carbon monoxide detectors shall be in good operating condition. If a battery-operated detector is not operational, the facility shall install a detector that is powered by the building’s electrical system with a battery backup. 2. If an elevated carbon monoxide level is detected during a fire inspection, the facility shall have all gas-fired appliances checked by a heating and air conditioning company to identify the source of the carbon monoxide. Until the facility has documentation on file at the facility verifying that all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order, and the facility is determined safe by the Division of Fire Safety inspector, the fire inspection shall not be approved. 3. If a level of carbon monoxide is determined that endangers the lives of the occupants in care, the Division of Fire Safety inspector shall take measures necessary to protect the occupants. This may include evacuation of the building or closing the facility. The facility shall obtain and have on file at the facility, documentation verifying all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order. The facility shall be reinspected by the Division of Fire Safety inspector and determined safe before the occupants can return to the building or the facility can reopen. (I) At least one (1) portable (five pound (5 lb)) 2A–10B:C fire extinguisher shall be required in all facilities. One (1) fire extinguisher shall be located in the kitchen. Additional fire extinguishers shall be placed throughout the facility, with a travel distance no greater than seventy-five feet (75') between fire extinguishers. Additional fire extinguishers may be required by the Division of Fire Safety inspector depending on the floor plan arrangement of space and the number of levels used. (J) Fire extinguishers shall be installed and maintained according to the instructions of the Division of Fire Safety inspector and inspected and approved annually by a fire extinguisher company. Documentation of the inspection and approval shall be on file at the facility and available for review by the Division of Fire Safety inspector. (8) Heating, Ventilating, Air Conditioning, and Mechanical Equipment. (A) Unvented fuel-fired room heaters, portable electric space heaters and floor furnaces shall not be permitted for use. (B) No facility shall be allowed to heat the facility with a wood burning stove, fireplace, or wood burning furnace located inside of the structure. (C) All gas and electric heating equipment shall be equipped with thermostatic controls. All water heaters, if gas fired, shall have the exhaust properly vented with galvanized pipe with screws at all joints or with a material recommended by the manufacturer. All water heaters shall have a properly sized pressure relief valve installed with a drip leg. The drip leg pipe on the pressure relief valve shall extend to approximately six inches (6") above the floor and shall be of rigid material such as copper or black iron pipe. Chlorinated polyvinyl chloride (CPVC) or PVC pipe can only be used if manufactured specifically for use on drip legs. No drip leg may be reduced in size from the opening of temperature and pressure valve. (D) Facilities with a water heater two hundred thousand British thermal units (200,000 Btus) per hour input or larger, or that is heating with a boiler, shall have a valid permit from the Division of Fire Safety posted on the premises. A copy of the permit shall be kept on file at the Division of Fire Safety. (E) All furnace rooms shall be properly vented. Furnace flue pipes shall be constructed of galvanized pipe or material recommended by the manufacturer. All galvanized pipe shall be secured by screws at every joint in the pipe. (F) All joints in the gas supply pipe shall be located outside of the furnace cabinet housing. (G) Gas shutoff valve shall be located next to all gas appliances, furnaces, hot water heaters. (H) All furnaces shall be equipped with an electrical fused switch to protect the unit from electrical overloading and to disconnect the electrical supply. (I) If a furnace or water heater is located inside a garage, the burner or ignition source shall be at least eighteen inches (18") above the finished floor and enclosed inside a fire resistant room having a fire rating of thirty (30) minutes. The door to this room shall also have a fire rating of thirty (30) minutes and have a door closure attached. Open penetrations, including combustion air or return air vents, shall not be allowed to penetrate these enclosures or doors. Louvers that close on activation of the fire alarm or smoke detectors are allowed. (J) All furnace rooms and rooms containing the water heater shall have adequate combustion air for the units. The vent size opening for the combustion air shall be measured at one (1) square inch per one thousand (1,000) Btus input if the combustion air is drawn from inside the structure and one (1) square inch per four thousand (4,000) Btus input if the air is drawn from outside of the structure. There shall be two (2) combustion air vent openings in each furnace room, one (1) located at the lower level and the other at the upper level. Combustion air or return air vents shall not penetrate the rated or smoke enclosure. (K) One (1) combustion air vent opening shall be permitted if the vent opening communicates directly to the outside of the structure. This opening shall be one (1) square inch per three thousand (3,000) Btus input of the total gas appliances located in this room. The gas appliances must be installed per manufacturer’s instructions and have the proper clearance around the unit or a minimum of one inch (1") from the sides and back, and six inches (6") from the front of the unit. (L) Air conditioning, heating, ventilating ductwork, and related equipment shall be installed in a safe manner and be in good operating condition as determined by the Division of Fire Safety. (M) All elevators shall be inspected bi-annually by a state licensed elevator inspector and shall obtain an annual state operating permit form from the Division of Fire Safety and post it as required. (N) If any combustibles are stored in a furnace room, they must be enclosed in a metal container. (9) Electrical Services. (A) Electrical wiring shall be installed and maintained in good working order. If the Division of Fire Safety inspector considers the wiring to be unsafe for the occupants or it is installed improperly, an inspection by a licensed electrician may be required prior to fire safety approval. The inspection by the licensed electrician shall be based on National Fire Protection Association, Chapter 70, National Electrical Code. (B) No electrical extension cords will be allowed, unless approved in writing by the Division of Fire Safety inspector. (10) Equivalency Concepts. Nothing in this rule is intended to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, effectiveness, durability, and safety as alternatives required by this rule. These alternatives may be used only if technical documentation to demonstrate equivalency and the system, method, or device is submitted and approved by the Missouri Division of Fire Safety. AUTHORITY: section 630.655, RSMo 2016.* Original rule filed Sept. 5, 2003, effective April 30, 2004. Amended: Filed March 20, 2018, effective Nov. 30, 2018. *Original authority: 630.655, RSMo 1980.