Ohio Admin. Code 3701-16-13 - Building, plumbing, fire, carbon monoxide safety, and disaster preparedness standards

(A) The building or buildings in which a residential care facility is located shall are obligated to be approved by and have a certificate of occupancy for the appropriate use group designation issued by the local certified building department with jurisdiction over the area in which the building or buildings are located, or by the department of commerce if there is no local certified building department. In the case of a license renewal, if any alterations to the buildings have been made since the original license was issued or the license was last renewed, whichever is later, the residential care facility shall is obligated to have a certificate of occupancy for the residential care facility issued by the department of commerce or a local certified building department.

(B) The plumbing fixtures in a residential care facility shall are obligated to conform to the applicable provisions of the Ohio plumbing code.

(C) All plumbing shall is to be installed in accordance with the Ohio plumbing code and maintained free of leakage and odors and have adequate water pressure to reasonably ensure resident health and safety protection. This includes, but is not limited to, plumbing in:

(1) Water closets;

(2) Service sinks;

(3) Kitchens;

(4) Utility closets;

(5) Public and resident bathrooms;

(6) Shower and bathing areas; and

(7) Drinking fountains.

(D) Lavatories, bathing facilities, and shower facilities shall are to be provided with pressure balancing thermostatic mixing devices in accordance with the Ohio plumbing code to prevent unanticipated changes in hot water temperatures.

(E) The water supply for a residential care facility shall is to be taken from a public supply, if available. Each residential care facility using a water source other than a public water system shall is obligated to comply with all applicable local and state regulations regarding the construction, development, installation, alteration, and use of private water systems.

(F) Each residential care facility not using a public sewage disposal system shall is obligated to comply with all applicable local and state regulations regarding the construction, development, installation, alteration, and use of household sewage disposal systems.

(G) Each residential care facility shall is obligated to comply with all the applicable state fire code standards of Chapter 1301:7-7 of the Administrative Code.

(H) Each residential care facility shall is obligated to be inspected for fire safety in accordance with paragraph (A) of rule 3701-16-04 of the Administrative Code.

(I) Each residential care facility shall is obligated to provide paths of clear and unobstructed access to egress exits. Additionally, the propping open of a door through the use of door stops, wedges, or other devices shall be prohibited is only permitted with approved hold-open devices that release with the loss of facility power and/or with the engagement of the fire alarm or sprinkler system.

(J) Each residential care facility shall is obligated to develop and maintain a written disaster preparedness plan to be followed in case of emergency or disaster. A copy of the plan shall is obligated to be readily available at all times within the residential care facility and a copy of the disaster preparedness plan is to be maintained electronically to ensure off-site access in the event of emergency. The plan is obligated to include the following:

(1) Procedures for evacuating all individuals in the residential care facility, which shall include the following:

(a) Provisions for evacuating residents with impaired mobility; and

(b) Provisions for transporting all of the residents of the residential care facility to a predetermined appropriate facility or facilities that will accommodate all the residents of the residential care facility in case of a disaster requiring evacuation of the residential care facility.

(2) A plan for protection of all persons in the event of fire and procedures for fire control and evacuation, including a fire watch and the prompt notification of the local fire authority and state fire marshal's office when a fire detection, fire alarm, or sprinkler system is impaired or inoperable. For purposes of this rule, "fire watch" means the process required set forth in the Ohio fire code for detecting and immediately alerting residents, staff, and the responding fire department of a fire or other emergency while the building's fire alarm or sprinkler system is impaired, inoperable or undergoing testing;

(3) Procedures for locating missing residents, including notification of local law enforcement;

(4) Procedures for ensuring the health and safety of residents during severe weather situations, such as tornadoes and floods, and designation of tornado shelter areas in the facility;

(5) Procedures, as appropriate, for ensuring the health and safety of residents in residential care facilities located in close proximity to areas known to have specific disaster potential, such as airports, chemical processing plants, and railroad tracks; and

(6) Each residential care facility will notify the director by electronic mail or telephone when there is an interruption of normal business services due to an emergency or a disaster involving the facility.

(K) Each residential care facility shall is obligated to conduct the following drills unless the state fire marshal allows a home to vary from this requirement obligation and the residential care facility has written documentation to this effect from the state fire marshal:

(1) Twelve fire exit drills, one conducted on each shift at least every three months to familiarize staff members and residents with signals, evacuation procedures and emergency action required actions that may be necessary under varied times and conditions. Fire exit drills shall will include the transmission of a fire alarm signal to the appropriate fire department or monitoring station, verification of receipt of that signal, and simulation of emergency fire conditions except that the movement of infirm and bedridden residents to safe areas or to the exterior of the structure is not required necessary for these drills. Drills conducted between nine p.m. and six a.m. may use a coded announcement instead of an audible alarm. Residential care facilities that have an alarm system that is not capable of sending a fire alarm signal if an audible alarm is not used shall are obligated to transmit a fire alarm signal and verify receipt of that signal no more than twelve hours after the coded announcement. Fire drills shall will meet the following requirements standards.

(a) Each staff member shall is obligated to participate in at least one fire drill annually.

(b) One staff member with knowledge of the disaster preparedness plan and the fire evacuation routes shall is obligated to be designated to observe and evaluate each drill and shall not participate in that drill.

(c) Residents capable of self-evacuation shall are to be actually evacuated to safe areas or to the exterior of the residential care facility in at least two fire drills a year on each shift. Movement of non-ambulatory residents to safe areas or to the exterior of the facility is not required necessary for these drills.

(2) At least two disaster preparedness drills per year, one of which shall be is a tornado drill which shall occur is conducted during the months of March through July.

(3) The residential care facility shall will reset the alarms after each drill.

(L) Each residential care facility shall is obligated to investigate and take corrective action for all problems encountered in the drills required obligated under paragraph (K) of this rule.

(M) Each residential care facility shall is obligated to keep a written record and evaluation of each fire drill which shall include includes the date, time, staff member attendance, method of activation, effectiveness of the drill procedures, number of individuals evacuated, total time for evacuation, and the weather conditions during the evacuation, and of each tornado drill. The records shall also describe any Any problems encountered and the corrective actions taken are to be included in the written record. This record shall is to be on file maintained in the facility for three years.

(N) Each residential care facility shall is obligated to post in a conspicuous place in each section or floor of the residential care facility a correctly oriented wall-specific floor plan designating room use, locations of alarm sending stations, evacuation routes and exits, fire alarms and fire extinguishers, and flow of resident evacuation.

(O) The buildings in which a residential care facility is housed shall are obligated to be equipped with both an automatic fire extinguishing system and fire alarm system. Such systems shall that conform to standards set forth in rules 4101:1-1 to 4101:1-35 and rules 1301:7-7-01 to 1301:1-7-47 of the Administrative Code. Records of the installation, testing and maintenance of both systems shall are to be kept maintained at the facility and produced for inspection upon request.

(P) All staff members in each residential care facility shall are to be trained in fire control and evacuation procedures within three working days of beginning employment. A staff member shall is not allowed to stay alone in the residential care facility with residents until the staff member has received the training in fire control and evacuation procedures required established by this rule.

(Q) Each residential care facility shall is obligated to provide for annual training in fire prevention for regularly scheduled staff members on all shifts to be conducted by the state fire marshal or township, municipal or local legally constituted fire department. Records of this training shall are to be kept maintained at the facility.

(R) Each residential care facility shall is obligated to train all residents in the proper actions to take in the event of fire, tornado, disaster, or other emergency.

(S) Each residential care facility shall is obligated to conduct at least monthly a fire safety inspection which shall be is recorded on forms provided by the department and kept on file in the facility for three years.

(T) Each residential care facility is obligated to install carbon monoxide detectors in accordance with section 915. of the Ohio Fire Code.

(T) Each residential care facility licensed prior to the effective date of this rule with a permanently installed fuel-burning appliance(s) shall, within twelve months of the effective date of this rules, install and maintain carbon monoxide alarms or carbon monoxide detectors in accordance with manufacturer's directions. Carbon monoxide alarms or carbon monoxide detectors shall be installed in:

(1) Each room containing a permanently installed fuel-burning appliance; and

(2) A central location on every habitable level and in every heating/ventilation/air conditioning zone of the building.

(U) Each residential care facility licensed on or after the effective date of this rule with a permanently installed fuel-burning appliance(s) shall install and maintain carbon monoxide detectors in accordance with manufacturer's directions. Carbon monoxide detectors shall be installed in:

(1) Each room containing a permanently installed fuel-burning appliance; and

(2) A central location on every habitable level and in every heating/ventilation/air conditioning zone of the building.

(V) For purposes of this rule:

(1) "Carbon monoxide alarm" means a single- or multiple-station alarm tested to underwriters laboratory standard 2034, that is intended for the purpose of detecting carbon monoxide gas and alerting occupants by a distinct audible signal comprising an assembly that incorporates a sensor, control components, and an alarm notification appliance in a single unit operated from a power source either located in the unit or obtained at the point of installation;

(2) "Carbon monoxide detector" means a device tested to underwriters laboratory standard 2075 that is intended to be connected to a carbon monoxide detection system for the purpose of detecting carbon monoxide gas and alerting occupants by a distinct and audible signal;

(3) "Carbon monoxide detection system means" a system of devices that consists of a control panel and circuits arranged to monitor and annunciate the status of carbon monoxide detectors and to initiate the appropriate response to those signal; and

(4) "Fuel-burning appliance" means an appliance that emits carbon monoxide as a by-product of combustion of coal, kerosene, oil, wood, fuel gases or other petroleum or hydrocarbon products.

(W)(U) Smoking, as defined in rule 3701-52-01 of the Administrative Code, which shall be includes the use of an electronic smoking device and a vapor product, are permitted only in properly designated areas which may include resident units with the approval of the administrator. No staff member, resident of a residential care facility or other persons in the facility shall be is permitted to smoke, carry a lighted cigarette, cigar, or pipe or use any spark or flame producing device in any room or area in the facility where oxygen is stored or in use. Approved terminals of a piped oxygen supply does not constitute storage. "No smoking" signs shall are to be posted in areas and on doors of rooms where oxygen is stored or in use. Each residential care facility shall is obligated to take reasonable precautions to ensure the safety of all residents when permitting residents to smoke. Ash trays, wastebaskets or containers into which burnable materials are placed shall not cannot be made of materials which are flammable, combustible, or capable of generating quantities of smoke or toxic gases and shall be used solely for that purpose. Such containers shall are to be madebe readily available in all areas where smoking is permitted. Residential care facilities that allow outdoor resident smoking shall are obligated to make accommodations for residents during adverse weather conditions.

(X)(V) Each residential care facility shall is obligated to maintain all electrical systems including, but not limited to, cords, switches, lighting fixtures, and lamps in good, safe operating condition and ensure that appliances are in good, safe operating condition;

(Y)(W) Each residential care facility shall is obligated to report any incident of fire, damage due to fire and any incidence of illness, injury or death due to fire or smoke inhalation of a resident within twenty-four hours to the office of the state fire marshal and the department on forms provided by these entities.

(Z)(X) Each residential care facility shall is obligated to maintain written transfer agreements with other facilities that can meet the needs of residents who require are in need of transfer because their health and safety is or potentially is adversely affected by conditions in the facility.

Notes

Ohio Admin. Code 3701-16-13

Effective: 7/12/2024
Five Year Review (FYR) Dates: 4/25/2024 and 07/02/2029
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.02; 3721.03, 3721.07, 3721.071
Prior Effective Dates: 12/21/1992, 09/29/1996, 12/01/2001, 04/01/2007, 01/01/2013, 03/01/2018