Or. Admin. R. 411-050-0720 - Safety
(1) FIRE AND LIFE
SAFETY. Buildings must meet all applicable state and local building, fire,
mechanical, and housing codes for fire and life safety. The home may be
inspected for fire safety by the State Fire Marshal's Office, or the State Fire
Marshal's designee, at the request of the LLA or the Department using the
standards in these rules, as appropriate.
(2) HEAT SOURCES. All heating equipment
including, but not limited to, wood stoves, pellet stoves, and fireplaces must
be installed in accordance with all applicable state and local building and
mechanical codes. Heating equipment must be in good repair, used properly, and
maintained according to the manufacturer's or a qualified inspector's
recommendations.
(a) A licensee who does not
have a permit verifying proper installation of an existing woodstove, pellet
stove, or gas fireplace must have it inspected by a qualified inspector,
Certified Oregon Chimney Sweep Association member, or Oregon Hearth, Patio, and
Barbeque Association member and follow the inspector's recommended maintenance
schedule.
(b) Fireplaces must have
approved and listed protective glass screens or metal mesh screens anchored to
the top and bottom of the fireplace opening.
(c) The LLA may require the installation of a
non-combustible, heat-resistant, safety barrier 36 inches around a woodstove to
prevent residents with ambulation or confusion problems from coming in contact
with the stove.
(d) Unvented,
portable oil, gas, or kerosene heaters are prohibited. Portable electric
heaters shall be listed and labeled. Sealed electric transfer heaters or
electric space heaters with tip-over, shut-off capability may be used when
approved by the State Fire Marshal or the State Fire Marshal's designee. A
heater must be directly connected to an electrical outlet and may not be
connected to an extension cord.
(3) EXTENSION CORDS AND ADAPTORS. Extension
cord wiring and multi-plug adaptors may not be used in place of permanent
wiring. Listed and labeled re-locatable power strips or taps (RPTs) with
circuit breaker protection are permitted for indoor use only and must be
installed and used in accordance with the manufacturer's instructions. If RPTs
are used, the RPT must be directly connected to an electrical outlet, never
connected to another RPT (known as daisy-chaining or piggy-backing), and never
connected to an extension cord.
(4)
LOCKS AND ALARMS. Hardware for all exit doors and interior doors must be
readily visible, have simple hardware that may not be locked against exit, and
have an obvious method of operation.
(a)
Hasps, sliding bolts, hooks and eyes, slide chain locks, and double key
deadbolts are not permitted.
(b) If
a home has a resident with impaired judgment who is known to wander away, the
home must have an activated alarm system to alert a caregiver of the resident's
unsupervised exit.
(5)
BEDROOM WINDOWS. Bedrooms must have at least one window or exterior door that
leads directly outside and is approved for emergency escape or rescue. The exit
window or door must readily open from the inside without special tools, and
provide a clear, unobstructed opening of not less than 821 square inches (5.7
sq. ft.), with the least dimensions not less than 24 inches in height or 20
inches in width. If the interior sill height of the window is more than 44
inches from the floor level, approved steps or other aids to the window exit
that the occupants are capable of using must be provided. Windows with a clear
opening of not less than 5.0 square feet or 720 square inches with interior
sill heights of no more than 44 inches above the floor may be accepted when
approved by the State Fire Marshal or the State Fire Marshal's
designee.
(6) CONSTRUCTION.
Construction must be in compliance with OAR 411-050-0715(2) as well as all
applicable local business license, zoning, building, and housing codes.
(a) STRUCTURAL CHANGES. The licensee must
notify the LLA, in writing, at least 15 calendar days before any remodeling,
renovations, or structural changes in the home that require a building permit.
Such activity must comply with local building, sanitation, utility, and fire
code requirements applicable to a single-family dwelling (see ORS
443.760(1)).
(b) The licensee must forward all required
permits, inspections and evacuation plan as described in OAR 411-050-0725(2),
and a revised floor plan as described in (16) of this rule, to the LLA within
30 calendar days of completion.
(c)
MANUFACTURED HOMES. A manufactured home (formerly mobile homes) must have been
built in 1976 or later and designated for use as a home rather than a travel
trailer. The manufactured home must have a manufacturer's label permanently
affixed on the unit itself that states the manufactured home meets the
requirements of the Department of Housing and Urban Development (HUD). The
required label must read as follows:
"As evidenced by this label No. ABC000001, the manufacturer certifies to the best of the manufacturer's knowledge and belief that this mobile home has been inspected in accordance with the requirements of the Department of Housing and Urban Development and is constructed in conformance with the Federal Mobile Home Construction and Safety Standards in effect on the date of manufacture. See date plate."
(A) If such a label is not evident and the
licensee believes the manufactured home meets the required specifications, the
licensee must take the necessary steps to secure and provide verification of
compliance from the home's manufacturer.
(B) Manufactured homes built in 1976 or later
meet the flame spread rate requirements and do not have to have paneling
treated with a flame retardant coating.
(7) FIRE EXTINGUISHERS. At least one fire
extinguisher with a minimum classification of 2-A:10-B:C must be mounted where
they are easily visible and readily accessible for use on each floor, including
basements.
(a) Fire extinguishers shall be
inspected by the licensee or designated staff at least once per calendar
month.
(b) Service personnel
providing or conducting annual maintenance on portable fire extinguishers shall
possess a valid certificate as outlined in the fire code.
(c) Documentation of monthly and annual
inspections for each fire extinguisher shall be maintained and made available
upon request.
(8) CARBON
MONOXIDE AND SMOKE ALARMS.
(a) All carbon
monoxide alarms and smoke alarms must contain a sounding device or be
interconnected to other alarms to provide, when activated an alarm that is
audible in all sleeping rooms. The alarms must be loud enough to wake occupants
when all bedroom doors are closed. Intercoms and room monitors may not be used
to amplify alarms.
(b) The licensee
or administrator must test all carbon monoxide alarms and smoke alarms in
accordance with the manufacturer's instructions at least monthly (per NFPA 72).
Testing must be documented in the facility records. The licensee or
administrator must maintain carbon monoxide alarms, smoke alarms, and fire
extinguishers in functional condition. If there are more than two violations in
maintaining battery operated alarms in working condition, the Department may
require the licensee to hard wire the alarms into the electrical
system.
(c) CARBON MONOXIDE ALARMS.
Carbon monoxide alarms must be listed as complying with ANSI/UL 2034 and must
be installed and maintained in accordance with the manufacturer's instructions.
Carbon monoxide alarms must be installed within 15 feet of each bedroom at the
height recommended by the manufacturer.
(A) If
bedrooms are in multi-level homes, carbon monoxide alarms must be installed on
each level, including the basement.
(B) Carbon monoxide alarms may be hard-wired,
plug-in, or battery operated. Hard wired and plug-in alarms must be equipped
with a battery back-up. Battery operated carbon monoxide alarms must be
equipped with a device that warns of a low battery.
(C) A bedroom used by a hearing-impaired
occupant who may not hear a regular carbon monoxide alarm must be equipped with
an additional carbon monoxide alarm that has visual or vibrating
capacity.
(d) SMOKE
ALARMS. Smoke alarms shall be installed in each sleeping room, adjacent
hallways, common living areas, basements and in multi-level homes at the top of
each stairway.
(A) Ceiling placement of smoke
alarms is recommended.
(B) Battery
operated smoke alarms or hard-wired smoke alarms with a battery backup must be
equipped with a device that warns of a low battery.
(C) A bedroom used by a hearing-impaired
occupant who may not hear a regular smoke alarm must be equipped with an
additional smoke alarm that has visual or vibrating capacity.
(9) COMBUSTIBLES AND
FIREARMS. Flammables, combustible liquids, and other combustible materials must
be safely and properly stored in the original, properly labeled containers or
safety containers and secured in areas to prevent tampering by residents or
vandals.
(a) Oxygen and other gas cylinders in
service or in storage, must be adequately secured to prevent the cylinders from
falling or being knocked over.
(b)
No smoking signs must be visibly posted where oxygen cylinders are
present.
(c) Firearms must be
stored, unloaded, in a locked cabinet. The firearms cabinet must be in an area
of the home that is not accessible to the residents.
(d) Ammunition must be secured in a locked
area separate from the firearms.
(10) HAZARDOUS MATERIALS. Cleaning supplies,
poisons, insecticides, and other hazardous materials must be properly stored in
the original container, or in a container manufactured for the type of product.
The containers must be properly labeled and kept in a safe area that is not
accessible to residents, or near food preparation areas, food storage areas,
dining areas, or medications.
(11)
PETS AND OTHER ANIMALS. Sanitation for household pets and other domestic
animals on the premises must be adequate to prevent health hazards. Proof of
rabies vaccinations and any other vaccinations that are required for the pet by
a licensed veterinarian must be maintained on the premises. Pets not confined
in enclosures must be under control and not present a danger to the residents
or guests.
(12) FIRST AID. Current,
basic first-aid supplies and a first-aid manual must be readily available in
the home.
(13) WATER TEMPERATURE. A
resident who is unable to safely regulate the water temperature must be
supervised.
(14) INFECTION CONTROL.
Masking protocols will be determined by the Department. Other standard and
enhanced precautions for infection control must be followed in resident care as
directed by the:
(a) Oregon Health Authority's
infection control staff at
http://www.oregon.gov/oha/PH/DISEASESCONDITIONS/COMMUNICABLEDISEASE/HAI/pages/index.aspx;
or
(b) Local county health
department staff.
(15)
MEDICAL SHARPS. Precautions must be taken to prevent injuries caused by
needles, scalpels, and other sharp instruments or devices during procedures.
All sharps, including, but not limited to needles and lancets, must be disposed
of in approved sharps containers that:
(a) Are
puncture-resistant.
(b) Are
leak-proof.
(c) Are labeled or
color-coded red to warn that the contents are hazardous.
(d) Have a lid, flap, door, or other means of
closing the container and inhibits the ability to remove sharps from the
container.
(e) Are not
overfilled.
(f) Are stored in an
upright position in a secure location as close as practical to the use area.
The container must not be accessible to residents or not close to any food
preparation or food storage area.
(g) Must be closed immediately once full and
properly disposed of within 10 days, according to the home's waste management
company's or pharmacy's instructions.
(16) FLOOR PLAN. The licensee must develop a
current and accurate floor plan that indicates:
(a) The size of rooms.
(b) Which bedrooms are to be used by
residents, the licensee, caregivers, and for adult day services and room and
board tenants, as applicable.
(c)
The location of all the exits on each level of the home, including emergency
exits such as windows.
(d) The
location of wheelchair ramps.
(e)
The location of all fire extinguishers, smoke alarms, and carbon monoxide
alarms.
(f) The planned evacuation
routes, initial point of safety, and final point of safety.
(g) Any designated smoking areas in or on the
AFH's premises.
(17)
SAFETY BARRIERS. Patios, decks, walkways, swimming pools, hot tubs, spas,
saunas, water features, fire pits, stairways, and open bodies of water, as
applicable, must be equipped with safety barriers designed to reasonably
prevent injury to current residents of the home. Resident access to or use of
swimming or other pools, hot tubs, spas, saunas, fire pits, or any open bodies
of water on the premises must be supervised.
(18) SMOKING. The licensee must identify the
home's smoking policies in the home's Residency Agreement. If smoking is
allowed in or on the premises of the home:
(a)
The Residency Agreement must restrict smoking to designated areas, and prohibit
smoking in:
(A) Any bedroom, including that of
the residents, licensee, administrator, resident manager, any other caregiver,
occupant, or visitor.
(B) Any
upholstered furniture with cushions or pillows.
(C) Any room where oxygen is used.
(D) Anywhere flammable materials are
stored.
(b) Ashtrays of
noncombustible material and safe design must be provided in areas where smoking
is permitted.
Notes
Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 409.050, 410.070, 413.085, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991
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