Or. Admin. R. 411-050-0720 - [Effective6/29/2022]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, 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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