Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION
Chapter 3 - LICENSURE
Section 144-118-3.J - Waiver Provisions

Universal Citation: 10 ME Code Rules § 144-118-3.J

Current through 2024-38, September 18, 2024

09/01/07 3.J.1. Fire Protection Waiver

a. The Department may waive specific provisions of the Life Safety Code (the Code) for as long as it considers appropriate, if:

1. The waiver would not adversely affect the health and safety of the client's residing in the facility; and

2. Rigid application of specific provisions would result in unreasonable hardship for the ICF/MR.

b. If the Department waives provisions of the Code for an existing building of two or more stories that is not built of at least two (2) hour fire-resistive construction, the ICF/MR may not house individuals who are blind, non-ambulatory or with physical, handicaps above the street-level floor unless:

1. It is built of one-hour protected, noncombustible construction as defined in National Fire Protection Association Standard No. 220;

2. It has full sprinkler, one (1) hour protected, ordinary construction; or

09/01/07

3. It has full sprinkler, one (1) hour protected, wood frame construction.

09/01/07

3. J. 2. Building Accessibility and Use

09/01/07

The State survey agency may waive, for as long as it considers appropriate, specific provisions of American National Safety Institute (ANSI) Standard No. A 117.1 (1998) if:

a. The construction plans for the ICF/MR or a part of it were approved and stamped by the responsible State agency before March 18, 1974;

b. The provision would result in unreasonable hardship on the ICF/MR if strictly enforced; and

c. The waiver does not adversely affect the health and safety of the individuals residing in the facility.

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