Public Safety, Fire Marshal

Rule R710-3

Assisted Living Facilities

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36273
Filed: 05/23/2012 10:04:38 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 53-7-204 is the statutory provision that allows enactment on this rule. Section 53-7-204 specifically states that the Board shall enact rules establishing standards for the prevention of fire and for the protection of life and property against fire and panic in occupancies that are used as an assisted living facility.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

During the latter part of 2008 and into the first part of 2009, the Utah Fire Prevention Board spent considerable time with the proposed amendment to require that any client that was designated as non-ambulatory would require a one-to-one staff ratio if they were in a group home-assisted living arrangement. There were a number of letters received on this issue from various groups representing the disabled and a number of meetings on the subject. After extensive review involving three Board meetings, the Fire Prevention Board amended Rule R710-3 to require evaluation by the Department of Human Services for any client that was non-ambulatory and could not provide self-rescue in the event of a fire. The matter was resolved with all involved fully satisfied with the results.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued for an important part of our society that is required to receive assisted living due to age, health, or disability. Assisted living and group home assisted living arrangements are established for people who can no longer provide full care for themselves and need to receive some assistance in their daily lives that they cannot provide for themselves. Due to the fact that they are now under some care by an outside caregiver, it is paramount that the living conditions be monitored for fire and life safety concerns to insure the client has the safest living conditions possible.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Brent Halladay at the above address, by phone at 801-284-6352, by FAX at 801-284-6351, or by Internet E-mail at bhallada@utah.gov

Authorized by:

Brent Halladay, State Fire Marshal

Effective:

05/23/2012