Mich. Admin. Code R. 29.1851 - Life safety code; existing homes for the aged; adoption by reference; amendments

Rule 51. Part A. Existing licensed homes for the aged shall comply with the provisions of chapters 1 to 10, 11, 19, and 43 of the code that apply to existing health care occupancies, which are adopted by reference in R 29.1802, except for the provisions of the chapters amended by these rules.

Section 19.3.7.4 is amended, and sections 19.3.5.5 and 19.3.6.1.1 are added to the code, to read as follows:

19.3.5.5. Existing licensed home for the aged facilities shall only house mobile residents unless the smoke compartments that house non-mobile residents are protected throughout by an automatic extinguishing system that is in compliance with section 19.3.5.3 of the code.

19.3.6.1.1 To provide for the physical needs of residents, seating locations within corridors shall be limited in number and only allowed where essential, such as waiting areas at elevators or outside transportation, and shall meet the following criteria:

(a) Seating shall not impede on the required width of the corridor and shall be limited to seating which will accommodate up to 2 persons per location.

(b) Seating arrangements shall be of metal or wood construction or upholstered furniture complying with 1 of the following provisions:

(i) The furniture shall meet the criteria specified in 10.3.2.1 and 10.3.3.

(ii) The furniture shall be in a building protected throughout by an approved, supervised automatic sprinkler system in accordance with 9.7.1.1 (1).

(c) Pads or cushions used on metal or wood construction or furniture shall meet the requirements of paragraph (i) of subdivision (b) of this rule, or NFPA 701.

19.3.7.3 Any required smoke barrier shall be constructed in accordance with section 8.5 and shall have a fire resistance of not less than 1/2 hour, unless otherwise permitted by the following:

(a) This requirement shall not apply where an atrium is used, and both of the following criteria also shall apply:

(i) Smoke barriers shall be permitted to terminate at an atrium wall constructed in accordance with 8.6.7(1)(c).

(ii) Not less than two separate smoke compartments shall be provided on each floor.

(b) The smoke dampers specified in the provisions of section 8.5.5.2 of the code are not required.

Part B. Existing board and care homes for the aged shall comply with the provisions of chapters 1 to 11, 43 and chapter 19 or 33, of the code that apply to existing facilities that have verified to the department of community and health systems that they were in existence before February 11, 2018, as proved in section 20156(4) of the public health code, 1978 PA 368, MCL 333.20156(4), in accordance with 2017 PA 167. Sections 33.1.1.4, 33.1.4.2, 33.2, 33.3.1.1.1, 33.3.1.1.2, 33.3.2.2.2, 33.3.2.11.2, 33.3.3.4.1, 33.3.3.4.2, 33.3.3.4.8.1, 33.7.1.1, 33.7.1.3, 33.7.3.1, 33.7.5.1, 33.7.5.2.1, 33.7.5.2.2, 33.7.5.3, and 33.7.6 are amended, and sections 33.1.1.4.1, 33.3.3.2.4, 33.3.3.2.5, 33.3.3.2.6, 33.3.3.4.8.4, 33.7.1.1.1, 33.7.1.2.1, 33.7.4.1.1, and 33.7.4.3 are added and sections 33.3.1.2.1.2, 33.3.3.4.7, 33.3.3.4.7.1, 33.3.3.4.7.2, 33.3.3.4.7.3, 33.3.3.4.8.2, 33.7.2.4, 33.7.3.5, and 33.7.5.3.2 are deleted from the code, to read as follows:

33.1.1.4 Chapter 32 Compliance. Any facility meeting the requirements of Chapter 32 shall not be required to meet those of Chapter 33 except Sections 33.1.4.2, 33.2, 33.3.1.1.1, 33.3.1.1.2, 33.3.2.2.2, 33.3.2.11.2, 33.3.3.2.4, 33.3.3.2.5, 33.3.3.2.6, 33.3.3.4.7, 33.3.3.4.8.4, 33.7.1.1, 33.7.1.1.1, 33.7.1.2.1, 33.7.1.3, 33.7.2.4, 33.7.3.1, 33.7.3.5, 33.7.3.6, 33.7.4.1.1, 33.7.5.1, 33.7.5.2.1, 33.7.5.2.2, 33.7.5.3, 33.7.5.3.2, and 33.7.6 shall also apply and they shall supersede any corresponding sections in Chapter 32.

33.1.1.4.1 Chapter 19 Compliance. Any facility meeting the requirements of Chapter 19 shall not be required to meet those of Chapter 33. The provisions of amended Section 19.3.7.4 and added Sections 19.3.5.5 and 19.3.6.1.1 shall be applicable.

33.1.4.2 Special Definitions. A list of special terms used in this chapter follows:

(1) Evacuation capability. See definition in R 29.1803(f).

(2) Impractical evacuation capability. See definition in R 29.1803(r).

(3) Personal care. See 3.3.206.

(4) Point of safety. See 3.3.211.

(5) Prompt evacuation capability. See definition in R 29.1803(aa).

(6) Residential board and care occupancy. See 3.3.188.12.

(7) Residential board and care resident. Means a person who receives supervised personal care as defined in section 21302(2), of 1978 PA 368, MCL 333.21302(2), of the public health code and resides in a home for the aged facility as defined in section 20106(3), of 1978 PA 368, MCL 333.20106 (3), of the public health code.

(8) Slow evacuation capability. See definition in R 29.1803(cc).

(9) Staff (residential board and care). Means persons who provide supervised personal care as defined in section 21302(2), of 1978 PA 368, MCL 333.21302(2), of the public health code, to residents of a home for the aged facility as defined in section 20106(3), of 1978 PA 368, MCL 333.20106(3), of the public health code.

(10) Thermal barrier. See 3.3.31.3.

33.2 Small Facilities are not permitted. All subsections of 33.2 are not applicable.

33.3.1.1.1 Section 33.3 shall apply to residential board and care occupancies providing sleeping accommodations for 21 or more residents.

33.3.1.1.2. Facilities having sleeping accommodations for 20 or fewer residents shall not fall under part b of this rule. 33.3.1.2.1.2 Delete.

33.3.2.2.2 Doors in means of egress shall be as follows:

(1) Doors complying with 7.2.1 shall be permitted.

(2) Doors within individual rooms and suites of rooms may be swinging or sliding.

(3) No door, other than those meeting the requirement of 33.3.2.2.2(4) or (5), shall be equipped with a lock or latch that requires the use of a tool or key from the egress side.

(4) Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted, provided that not more than 1 device is located in any egress path.

(5) Access controlled egress doors in accordance with 7.2.1.6.2 shall be permitted, provided that not more than 1 device is located in any egress path.

(6) Clinical needs door locking in impractical facilities is permitted for doors located in the means of egress, other than those meeting the requirement of 33.3.2.2.2(4) or (5). The clinical needs locking shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other reliable means available to staff at all times. Doors locked under this subdivision shall be submitted to the bureau of fire services for review and inspection.

(7) Only 1 locking device as described in 33.3.2.2.2(6) shall be permitted on each door.

33.3.2.11.2 Lockups. Lockups are not permitted.

33.3.3.2.2 Protection from hazards Hazardous areas that include, but are not limited to, the following shall be separated from other parts of the building by construction having a minimum 1-hour fire resistance rating, with communicating openings protected by approved self-closing fire doors, or these areas shall be equipped with automatic fire-extinguishing systems:

(1) Boiler and heater rooms.

(2) Central/bulk laundries larger than 100 square feet.

(3) Repair/physical plant maintenance shops and paint shops.

(4) Storage rooms larger than 100 square feet.

(5) Soiled linen rooms.

(6) Garages.

(7) Trash collection rooms.

33.3.3.2.4 Fireplaces are prohibited.

Exception no. 1. Sealed, properly vented, underwriters laboratory (UL) listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable.

Exception no. 2. Permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted. 33.3.3.2.5 Oxygen storage.

Oxygen used or stored in an existing board and care home for the aged facility shall comply with all of the following requirements:

(a) A separate room shall be provided for the storage of oxygen and that room shall not be used for other storage or for any other use.

(b) A room for the storage of oxygen shall be separated from the remainder of the building by a minimum of 1-hour fire-resistive rated construction.

(c) A storage room or manifold enclosure for oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity shall not be located below grade. The room shall have 1 wall which is an outside wall of the building and which has a window that is not less than 6 square feet in area, 1 square foot of which shall be a permanently open louver for ventilation.

(d) A provision shall be made for a rack or fastening to protect a cylinder from accidental damage or dislocation.

(e) If the manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the oxygen shall be located, installed, and maintained in compliance with the provisions of national fire protection association pamphlet no. 50, 2001 edition, bulk oxygen systems at consumers' sites, which is adopted by reference in R 29.1802(3).

(f) A 1-day supply of oxygen may be kept in the room where it is being used.

(g) Smoking shall be prohibited in any room or compartment where oxygen is used or stored. These areas shall be posted with "no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high and 1/4 inch (.635 cm) wide stroke.

33.3.3.2.6 Alcohol-based hand-rub dispensers. Alcohol-based hand-rub dispensers shall be protected in accordance with 19.3.2.6.

33.3.3.4.1 General. A fire alarm system in accordance with section 9.6 shall be provided.

33.3.3.4.2. Initiation. The required fire alarm system shall be initiated by all of the following means:

(1) Manual means in accordance with 9.6.2, unless there are other effective means, such as a complete automatic sprinkler or automatic detection system, for notification of fire as required.

(2) Manual fire alarm box located at a convenient central control point.

(3) Automatic sprinkler system, other than those not required by another section of this code.

(4) Required detection system.

33.3.3.4.7 Smoke Alarms. Delete.

33.3.3.4.7.1 Delete.

33.3.3.4.7.2 Delete.

33.3.3.4.7.3 Delete.

33.3.3.4.8.1 All living areas, as defined in 3.3.21.5, and all corridors shall be provided with smoke detectors that comply with NFPA 72, national fire alarm and signaling code, and are arranged to initiate an alarm that is audible in all sleeping areas, as modified by 33.3.3.4.8.3.

33.3.3.4.8.2 Delete.

33.3.3.4.8.4 Smoke detectors shall be required in all dwelling units, including sleeping rooms.

33.7.1.1 The administration of every residential board and care facility shall have in effect and available to all personnel, written copies of a plan for protecting all persons in the event of fire and for evacuating persons from the building to the designated point of safety.

The emergency plan shall include provisions to protect residents who are either permanently or temporarily incapable of self-preservation. The emergency plan shall be evaluated annually to ensure that all information is current and correct.

33.7.1.1.1 The written emergency plan shall provide for all of the following:

(a) Use of alarms.

(b) Transmission of alarm to fire department.

(c) Response to alarms.

(d) Isolation of fire.

(e) Evacuation of building.

(f) Closure of bedroom doors and corridor access doors upon exiting.

(g) Use of fire extinguishers.

33.7.1.2.1 The proper protection of residents shall require the prompt and effective response of staff members. The basic response required of staff shall include the removal of all occupants directly involved with the fire emergency, transmission of an appropriate fire alarm signal to warn other building occupants and summon staff, confinement of the effects of the fire by closing doors to isolate the fire area, and evacuation of residents as detailed in the fire safety plan.

33.7.1.3 All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, including the operation of fire alarm and other fire protection equipment. This instruction shall be reviewed by the staff not less than every 2 months.

33.7.2.4 Deleted.

33.7.3.1 Emergency egress and relocation drills shall be conducted not less than once per quarter per scheduled shift: daytime, 7 a.m. to 3 p.m.; evening, 3 p.m. to 11 p.m.; and night, 11 p.m. to 7 a.m.

33.7.3.5 Deleted.

33.7.4.1.1 Smoking regulations shall include all of the following:

(1) Smoking shall be prohibited in any room, compartment, or area where flammable or combustible liquids, combustible gases, or oxygen is used or stored and in any other hazardous location. Both of the following also shall apply:

(a) Signs shall be posted that read NO SMOKING or bear the international symbol for no smoking.

(b) In residential board and care facilities where smoking is totally prohibited and signs indicating this prohibition are placed at all major entrances; secondary signs with language that prohibits smoking are not required.

(2) Smoking by residents classified as not responsible with regard to their ability to safely use and dispose of smoking materials shall be prohibited, unless the resident is under direct supervision by staff or by a person approved by the administration. In this case, smoking may be permitted.

(3) Smoking materials shall not be provided to residents or maintained by residents without the approval of the administration.

(4) Areas where smoking is permitted shall be clearly identified.

(5) Ashtrays of noncombustible material shall be provided and required to be used in all areas where smoking is permitted.

(6) Self-closing cover devices into which ashtrays may be emptied shall be made available to all areas where smoking is permitted and shall be required to be used.

33.7.4.3 Smoking shall be permitted in a designated location only. Smoking in resident or staff bedrooms or in stairwells, exit corridors, and fire escapes is prohibited.

33.7.5.1 These requirements are applicable only to new draperies, curtains, upholstered furniture, and mattresses. The term "new" means unused, obtained normally via procurement from the marketplace either by purchase or donation of items not previously used. If a facility purchases contract furniture, then the new, unused furniture, whether purchased or received as a donation, is regulated by section 33.7.5.2. Exception: If residents are allowed to bring an upholstered furniture item from the residents previous residence into the facility, then this item is not new and is not regulated.

33.7.5.2.1 New upholstered furniture within board and care homes shall be tested for rates of heat release in accordance with 10.3.3.

33.7.5.2.2 Upholstered furniture belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke detector is installed in these rooms.

33.7.5.3 New mattresses within board and care homes shall be tested for rates of heat release in accordance with 10.3.4. Mattresses manufactured and sold within the United

States shall pass testing per 16 CFR 1632 (FF4-72), Standard for the flammability of mattresses and mattress pads.

33.7.5.3.2 Deleted.

33.7.6 Staff. Staff shall be on duty and in the facility at all times when residents are present.

Notes

Mich. Admin. Code R. 29.1851

2001 AACS; 2009 AACS; 2014 AACS; 2018 AACS