DAR File No. 40484

Public Safety, Fire Marshal

Rule R710-3

Assisted Living Facilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 40484
Filed: 06/09/2016 03:39:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to comply with the adoption of the 2015 International Fire Code by the Utah State Legislature and make formatting changes.

Summary of the rule or change:

The rule has been renumbered to meet the requirements of the Rulewriting Manual. The purpose of the rule has been restated to meet the requirements of the Rulewriting Manual. The authority of the rule has been restated to meet the requirements of the Rulewriting Manual. Redundant definitions have been removed. Code references that are included in the IFC have been removed. Windows are now referred to as openings. Requirements of maintenance and fire sprinkler requirements found elsewhere in the code have been removed. Requirements for egress doors that are found in the code have been removed.

State statutory or constitutional authorization for this rule:

• Section 53-7-204

Anticipated cost or savings to:

the state budget:

There will not be an anticipated cost or savings to the state budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

local governments:

There will not be an anticipated cost or savings to the local budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

small businesses:

There will not be an anticipated cost or savings to the small business budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

persons other than small businesses, businesses, or local governmental entities:

There will not be an anticipated cost or savings to persons budget because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements.

Compliance costs for affected persons:

There will not be an anticipated cost or savings because the changes made to the rule are specific to incorporation of the 2015 International Fire Code specifications and other formatting changes and do not involve changes to fees or equipment requirements

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed the amendment, and found that this rule change will not have a fiscal impact on business.

Keith D. Squires, Commissioner

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

Public Safety
Fire MarshalRoom 302
5272 S COLLEGE DR
MURRAY, UT 84123-2611

Direct questions regarding this rule to:

• Ted Black at the above address, by phone at 801-284-6352, by FAX at , or by Internet E-mail at tblack@utah.gov
• Kim Gibb at the above address, by phone at 801-556-8198, by FAX at 801-964-4482, or by Internet E-mail at kgibb@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/01/2016

This rule may become effective on:

08/08/2016

Authorized by:

Coy Porter, State Fire Marshal

R710. Public Safety, Fire Marshal.

R710-3. Assisted Living Facilities.

R710-3-1. [Introduction.]Purpose.

[Pursuant to Title 53, Chapter 7, Section 204, of the Utah Code Annotated 1953, the Utah Fire Prevention Board adopts for the purpose of establishing]The purpose of this rule is to establish the minimum standards for prevention of fire and for the protection of life and property against fire and panic in assisted living facilities.[The requirements listed in this rule text are in addition to the requirements listed in R710-9, Rules Pursuant to the Utah Fire Prevention Law.

There is adopted as part of these rules the following codes which are incorporated by reference:

1.1 International Fire Code (IFC), 2009 edition, excluding appendices, as published by the International Code Council, Inc. (ICC), and as enacted and amended by the Utah State Legislature in Sections 102 and 201 of the State Fire Code Adoption Act.

1. 2 Copies of the above code are on file in the Office of Administrative Rules and the State Fire Marshal.]

 

R710-3-2. Authority.

This rule is authorized by Section 53- 7- 204.

 

R710-3-[2]3 . Definitions.

[2.1](1) Ambulatory means a person who is capable of achieving mobility sufficient to exit without the physical assistance of another person. An equivalency to Ambulatory may be approved under the conditions stated in [Sections 3.2.9, 3.3.8 or 3.4.9]Subsections R710-3-4(2)(h), R710-3-4(3)(f), or R710-3-4(4)(j).

[2.2](2) Assisted Living Facility means:

[2.2.1](a) a Type 1 Assisted Living Facility, which is a residential facility subject to licensure by the Utah Department of Health, that provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person[.];

[2.2.2](b) a Type 2 Assisted Living Facility, which is a residential facility subject to licensure by the Utah Department of Health, that provides an array of coordinated supportive personal and health care services to residents who meet the definition of semi-independent[.]; or

[2.2.3](c) a Residential Treatment/Support Assisted Living Facility, which creates a group living environment for four or more residents contracted by the Division of Services to People with Disabilities and subject to licensure by the Utah Department of Human Services, and provides a protected living arrangement for ambulatory, non-restrained persons who are capable of achieving mobility sufficient to exit the facility without the physical assistance of another person.

[2.2.4](d) Assisted Living Facilities shall be classified by size as follows:

[2.2.4.1](i) Type 1, 2, and Residential Treatment/Support Limited Capacity Facility means an assisted living facility accommodating five or less residents, excluding staff.

[2.2.4.2](ii) Type 1, 2, and Residential Treatment/Support Small Facility means an assisted living facility accommodating at least six and not more than 16 residents, excluding staff.

[2.2.4.3](iii) Type 1, 2, and Residential Treatment/Support Large Facility means an assisted living facility accommodating more than sixteen residents, excluding staff.

[2.3](3) Authority Having Jurisdiction (AHJ) means the State Fire Marshal, his duly authorized deputies, or the local fire enforcement authority.

[2.4](4) Board means Utah Fire Prevention Board.

[2.5](5) Compromised Ambulatory Capacity means physical or mental incapacitations that inhibit a persons ability to exit a facility unassisted.

[2.6](6) IBC means International Building Code.

[2.7](7) ICC means International Code Council, Inc.

[2.8](8) IFC means International Fire Code.

[2.9](9) Licensing Authority means the Utah Department of Health or the Utah Department of Human Services.

[2.10](10) Semi-independent means a person who is:

[2.10.1](a) physically disabled but able to direct his or her own care; or

[2.10.2](b) cognitively impaired or physically disabled but able to evacuate from the facility with the physical assistance of one person.

[2.11](11) SFM means State Fire Marshal.

[2.12 UAC means Utah Administrative Code.]

 

R710-3-[3]4 . Amendments and Additions.

[3.1](1) General Requirements

[3.1.1](a) All facilities shall be inspected annually and obtain a certificate of fire clearance signed by the AHJ.

[3.1.2](b) All facility administrators shall develop emergency plans and preparedness as required in IFC, Chapter 4.

[3.1.3](c) [IFC, Chapter 9, Section 907.3 Where required in existing buildings and structures, is deleted and rewritten as follows: ]An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances, and equipment shall be approved. The automatic fire detectors shall be smoke detectors, except an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector.

[3.1.4. IFC, Chapter 46, Section 4603.6.2 and 4603.6.7 are deleted and rewritten as follows: An approved automatic fire detection system shall be installed in accordance with the provisions of this code and NFPA 72. Devices, combinations of devices, appliances, and equipment shall be approved. The automatic fire detectors shall be smoke detectors, except an approved alternative type of detector shall be installed in spaces such as boiler rooms where, during normal operation, products of combustion are present in sufficient quantity to actuate a smoke detector.]

[3.2](2) Type I Assisted Living Facilities

[3.2.1](a) Type I Limited Capacity Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-3, and maintained in accordance with the IBC and IFC.

[3.2.2](b) Type I Limited Capacity Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

[3.2.3](c) Residents in Type I Limited Capacity Assisted Living Facilities shall be housed on the first story only, unless an approved outside exit leading to the ground level is provided from any upper or lower level. Split entry/split level type homes in which stairs to the lower and upper level are equal or nearly equal, may have residents housed on both levels when approved by the AHJ.

[3.2.4](d) In Type I Limited Capacity Assisted Living Facilities, resident rooms on the ground level, shall have emergency escape or rescue [windows]opening as required in IFC, Chapter 10, Section [1029]1030.

[3.2.5](e) In Type I Limited Capacity Assisted Living Facilities an approved independent smoke detector shall be installed and maintained by location as required in IFC, Chapter 9, Section 907.2.11.2.

[3.2.6](f) Type I Small Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

[3.2.7](g) Type I Small Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

[3.2.8 Type I Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

3.2.8.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.]

[3.2.9](h) In a Type I Assisted Living Facility, non-ambulatory persons are permitted after receiving approval for a variance from the Utah Department of Health as allowed in Utah Administrative Code, R432-2-18.

[3.3](3) Type II Assisted Living Facilities

[3.3.1](a) Type II Limited Capacity Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

[3.3.2](b) Type II Limited Capacity Assisted Living Facilities shall have an approved automatic fire extinguishing system installed in compliance with the IBC and IFC, or provide a staff to a resident ratio of one to one on a 24 hour basis.

[3.3.3](c) Type II Small Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

[3.3.3.1 An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.]

[3.3.4](d) Type II Small Assisted Living Facilities shall have a minimum corridor width of six feet.

[3.3.4.1](i) Type II Small Assisted Living Facilities licensed before November 16, 2004, shall have a minimum corridor width of six feet or a path of egress that is acceptable to the AHJ.

[3.3.5](e) Type II Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-2, and maintained in accordance with the IBC and IFC.

[3.3.5.1](i) An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

[3.3.6 In Type II Assisted Living Facilities, where the clinical needs of the patients require specialized security, approved access controlled egress doors may be installed when all of the following are met:

3.3.6.1 The controlled egress doors shall unlock upon activation of the automatic fire sprinkler system or the automatic fire detection system.

3.3.6.2 The facility staff can unlock the controlled egress doors by either sensor or keypad.

3.3.6.3 The controlled egress doors shall unlock upon loss of power.

3.3.6.4 The secure area or unit with controlled egress doors shall be located at the level of exit discharge in Type V construction.

3.3.7 In Type II Assisted Living Facilities, where the clinical needs of the patients require approved, listed delayed egress locks, they shall be installed on doors as allowed in IBC, Section 1008.1.9.7. Section 1008.1.9.7(3) is deleted. The secure area or unit with delayed egress locks shall be located at the level of exit discharge in Type V construction.]

[3.3.8](f) In a Type II Assisted Living Facility, non-ambulatory persons are permitted after receiving approval for a variance from the Utah Department of Health as allowed in Utah Administrative Code, R432-2-18.

[3.4](4) Residential Treatment/Support Assisted Living Facilities

[3.4.1](a) Residential Treatment/Support Limited Capacity Assisted Living Facility shall be constructed in accordance with IBC, Residential Group R-3, and maintained in accordance with the IBC and IFC.

[3.4.2](b) Residential Treatment/Support Limited Capacity Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

[3.4.3](c) Residents in Residential Treatment/Support Limited Capacity Assisted Living Facilities shall be housed on the first story only, unless an approved outside exit leading to the ground level is provided from any upper or lower level. Split entry/split level type homes in which stairs to the lower and upper level are equal or nearly equal, may have residents housed on both levels when approved by the AHJ.

[3.4.4](d) In Residential Treatment/Support Limited Capacity Assisted Living Facilities, resident rooms on the ground level, shall have emergency escape or rescue windows as required in IFC, Chapter 10, Section 1029.

[3.4.5](e) In Residential Treatment/Support Limited Capacity Assisted Living Facilities an approved independent smoke detector shall be installed and maintained by location as required in IFC, Chapter 9, Section 907.2.11.2.

[3.4.6](f) Residential Treatment/Support Small Assisted Living Facilities shall be constructed in accordance with IBC, Residential Group R-4, and maintained in accordance with the IBC and IFC.

[3.4.6.1](i) IFC, Chapter 9, Section 903.2.8 is amended to add the following: Exception: Residential Treatment/Support Assisted Living Facility classified as Group R-4, not more than 4500 gross square feet, and not containing more than 16 ambulatory, non-restrained residents, is allowed provided the building is equipped throughout with an approved fire alarm system that is interconnected and receives its primary power from the building wiring.

[3.4.7](g) Residential Treatment/Support Small Assisted Living Facility required exits shall not be secured with dead bolts, chains, or hasps. Deadbolts that are interconnected with the latch, and provide simultaneous retraction of both the deadbolt and the latch, by the turning of the latch, is permitted.

[3.4.8](h) Residential Treatment/Support Large Assisted Living Facilities shall be constructed in accordance with IBC, Institutional Group I-1, and maintained in accordance with the IBC and IFC.

[3.4.8.1](i) An automatic fire sprinkler system shall be provided throughout buildings classified as Group I. Listed quick response or residential sprinkler heads shall be installed in patient or resident sleeping areas.

[3.4.9](j) In a Residential Treatment/Support Assisted Living Facility, residents with compromised ambulatory capacity that can demonstrate the ability to exit the facility unassisted in two minutes or less, and meet the requirements listed in Utah Administrative Code, R501-2-11, Emergency Plans, may receive approval from the Office of Licensing, Utah Department of Human Services, to remain in the facility as a resident.

[3.4.9.1](i) In those facilities where the Office of Licensing, Department of Human Services, determines that the resident cannot exit the facility unassisted in two minutes or less, the facility management shall complete one of the following:

[3.4.9.1.1](A) [M]make accommodations, changes or enact an emergency plan that guarantees the exiting of the resident in two minutes or less[.];

[3.4.9.1.2](B) [P]provide a staff to resident ratio of one to one on a 24 hour basis[.];

[3.4.9.1.3](C) [I]install an approved automatic fire sprinkler system[.]; or

[3.4.9.1.4](D) [M]move the resident from the facility.

 

R710-3-[4]5 . Repeal of Conflicting Board Actions.

All former Board actions, or parts thereof, conflicting or inconsistent with the provisions of this Board action or of the codes hereby adopted, are hereby repealed.

 

R710-3-[5]6 . Validity.

The Board hereby declares that should any section, paragraph, sentence, or word of this Board action, or the codes adopted, be declared invalid, it is the intent of the Board that it would have passed all other portions of this action, independent of the elimination of any portions as may be declared invalid.

 

R710-3-[6]7 . Conflicts.

In the event where separate requirements pertain to the same situation in the adopted codes, the more restrictive requirement shall govern, as determined by the AHJ.

 

R710-3-[7]8 . Adjudicative Proceedings.

[7.1](1) All adjudicative proceedings performed by the agency shall proceed informally as set forth herein and as authorized by UCA, Sections 63G-4-202 and 63G-4-203.

[7.2](2) A person may request a hearing on a decision made by the AHJ by filing an appeal to the Board within 20 days after receiving final decision from the AHJ.

[7.3](3) All adjudicative proceedings, other than criminal prosecution, taken by the AHJ to enforce the Utah Fire Prevention and Safety Act, and these rules, shall commence in accordance with UCA, Section 63G-4-201.

[7.4](4) The Board shall act as the hearing authority, and shall convene as an appeals board after timely notice to all parties involved.

[7.5](5) The Board shall direct the SFM to issue a signed order to the parties involved giving the decision of the Board within a reasonable time of the hearing pursuant to UCA, Section 63G-4-203.

[7.6](6) Reconsideration of the Boards decision may be requested in writing within 20 days of the date of the decision pursuant to UCA, Section 63G-4-302.

[7.7](7) Judicial review of all final Board actions resulting from informal adjudicative proceedings is available pursuant to UCA, Section 63G-4-402.

 

KEY: assisted living facilities

Date of Enactment or Last Substantive Amendment: [October 18, 2010]2016

Notice of Continuation: May 23, 2012

Authorizing, and Implemented or Interpreted Law: 53-7-204