Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Bureau of Fire Services
Adult Foster Care Facilities
Part 2 - NEW SMALL AND LARGE ADULT FOSTER CARE FACILITIES
Section R. 400.18201 - Application; amendments to chapter 32 of the code
Universal Citation: MI Admin Code R. 400.18201
Current through Vol. 24-16, September 15, 2024
Rule 201. Sections 32.1.1.3, 32.1.1.6.3, 32.1.3, 32.2.1.1.1, 32.2.1.1.2, 32.2.1.2, 32.2.2.5.1, 32.2.2.5.2, 32.2.2.5.5.1, 32.2.3.1.2, 32.2.3.2, 32.2.3.4.3, 32.2.3.4.3.1, 32.2.3.4.3.2, 32.2.3.4.3.3, 32.2.3.4.3.4, 32.2.3.5.1, 32.3.1.1.1, 32.3.1.1.2, 32.3.1.3, 32.3.2.2.2, 32.3.2.11.2, 32.3.3.4.2, 32.3.3.4.8, 32.3.3.4.8.1, 32.3.3.4.8.2, 32.3.3.4.8.3, 3.2.4, 32.7.1.1, 32.7.1.2, 32.7.3.1, and 32.7.6 of the code are amended, sections 32.2.2.6.4, 32.2.3.2.3.1, 32.2.3.2.6, 32.2.3.2.7, 32.2.5.2.4, 32.3.2.2.3.1, 32.3.3.2.3, 32.3.3.2.4, 32.3.3.4.8.4, 32.3.6.2.4, 32.3.6.2.5, 32.5, 32.6, 32.6.1, 32.6.2, 32.7.1.1.1, 32.7.4.1, 32.7.5, and 32.7.5.3, 32.7.4.1.1, 32.7.4.3, 32.7.5.1.1, 32.7.5.2.2, 32.7.5.3, and 32.7.5.3.2 are added, and sections 32.1.1.4, 32.2.2.5.1.2, 32.2.2.6.2, 32.2.3.1.5, 32.2.3.2.1, 32.2.3.2.2, 32.2.3.5.2, 32.3.2.2.10, 32.3.3.4.7, 32.4.1, 32.4.1.1, 32.4.1.1.2, 32.4.1.1.3, 32.4.1.1.4, 32.4.1.2, 32.4.1.3, 32.4.1.4, 32.4.1.4.1, 32.4.1.4.2, 32.4.2.1, 32.4.2.2, 32.4.3, 32.4.3.1, 32.4.3.1.1, 32.4.3.1.2, 32.4.3.2, 32.4.3.2.1, 32.4.3.2.2, 32.4.3, 32.4.3.1, 32.4.3.1.1, 32.4.3.1.2, 32.4.3.2, 32.4.3.2.1, 32.4.3.2.2, 32.4.3.3, 32.7.2.4, 32.7.3.5, and 32.7.3.6 are deleted to read as follows:
General Requirements
32.1.1.3 Chapter Sections. This chapter is divided into 7 sections as follows:
(1)
Section 32.1General Requirements
(2) Section 32.2Small facilities (7-12
residents)
(3) Section 32.3Large
facilities (13 to 20 residents)
(4)
Section 32.4Apartments
(5) Section
32.5Miscellaneous
(6) Section
32.6Basements
(7) Section
32.7Operating features
(1) General Requirements
32.1.1.4 Conversions. For the purposes of
this chapter, exceptions for conversions shall apply only for a change of
occupancy from an existing residential or health care occupancy to an adult
foster care facility. A change of licensee does not change the status of an
existing facility to "new" if the new license application is made not later
than 60 days of the previous license expiration date and the license category
has not been changed, except as provided in MCL 400.721. 32.1.3 Definitions.
The following are terms used in this chapter:
(1) Personal care. See 3.3.181.
(2) Point of safety. See 3.3.186.
(3) Residential board and care facility means
an adult foster facility licensed by the Michigan department of human
services.
(4) Residential board and
care occupancy means a building or portion thereof that is used for lodging and
boarding of 7 to 20 residents for the purpose of providing personal care
services. See
R
400.18103 for definitions of small and large
facilities.
(5) Residential board
and care resident means a person who is receiving adult foster care and resides
in an adult foster care facility.
(6) Staff (residential board and care). See
3.3.232.
(7) Thermal barrier. See
3.3.24.3.
(2) Small Facilities
32.2.1.1.1 Section
32.2applies to adult foster care facilities that provide adult foster care for
small facilities that house 7 to 12 residents.
32.2.1.1.2 Where there are sleeping
accommodations for 13 to 20 residents, the occupancy shall be classified as a
large adult foster care facility in accordance with section 32.3.
32.2.1.2 Requirements based upon evacuation
capabilities shall comply with "impractical," "prompt," and "slow," as defined
in Rule 103 of these rules.
32.2.2.5.1 A door opening to a means of
escape shall not be less than 32 inches (81 cm) clear width.
32.2.2.5.1.2 Deleted.
32.2.2.5.2 Means of escape doors shall be
swinging.
32.2.2.5.5.1 Delayed-egress locks
complying with 7.2.1.6.1 shall be permitted for exit doors only. 32.2.2.6.2
Deleted.
32.2.2.6.4
Exterior stairs used as a means of escape, that exceed a vertical distance from
grade of more than 4 feet shall be enclosed and separated from the remainder of
the facility with 1-hour rated fire barriers, with all openings equipped with
smoke-actuated automatic-closing or self-closing doors having a fire protection
rating comparable to that required for the enclosure. Unprotected openings
within 10 feet of exterior stairs less than 4 feet above grade shall be
prohibited. Stairs shall comply with 7.2.2.5.3. 32.2.3.1.2 Vertical openings
shall be separated by smoke partitions in accordance with section
8.4that
resist the passage of smoke from 1 story to another story.
32.2.3.1.5 Deleted.
32.2.3.2 Protection from hazards.
Hazardous Area Description Separation/Protection ____________
Boiler and fuel-fired heater rooms 1 hour Central/bulk laundries larger than 100 ft2 (9.3 m2) 1 hour paint shops employing hazardous substances and 1 hour materials in quantities less than those that would be classified as a severe hazard Physical plant maintenance shops 1 hour
Soiled linen rooms 1 hour
Storage rooms larger than 50 ft2 (4.6 m2), but not Smoke partition exceeding 100 ft2 (9.3 m2), storing combustible material
Trash collection rooms 1 hour
32.2.3.2.1 Deleted.
32.2.3.2.2 Deleted.
32.2.3.2.6 Oxygen storage
Oxygen used or stored in an adult foster care facility shall be in compliance with all of the following requirements:
(a) A separate room shall be provided for the
storage of oxygen and that room shall not be used for other storage or for any
other use.
(b) A room for the
storage of oxygen shall be separated from the remainder of the building by a
minimum of 1-hour fire-resistive rated construction.
(c) A storage room or manifold enclosure for
oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity
shall not be located below grade. The room shall have 1 wall which is an
outside wall of the building and which has a window that is not less than 6
square feet in area, 1 square foot of which shall be a permanently open louver
for ventilation.
(d) A provision
shall be made for a rack or fastening to protect a cylinder from accidental
damage or dislocation.
(e) If the
manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the
oxygen shall be located, installed, and maintained in compliance with the
provisions of national fire protection association pamphlet no. 50, 1990
edition, bulk oxygen systems at consumers' sites, which is adopted by reference
in
R
400.18108.
(f) A 1-day supply of oxygen may be kept in
the room where it is being used.
(g) Smoking shall be prohibited in any room
or compartment where oxygen is used or stored. Such areas shall be posted with
"no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high
and 1/4 inch (.635 cm) wide stroke.
32.2.3.2.7 Garages shall be separated from
the remainder of the facility by a minimum of 1-hour fire-resistive-rated
construction with all openings protected by not less than a 1hour, B-labeled
door and frame assembly.
32.2.3.4.3
Smoke detectors.
32.2.3.4.3.1 Approved smoke
detectors shall be provided in accordance with 9.6.1.3.
32.2.3.4.3.2 Smoke detectors shall be
installed on all levels, including basements but excluding crawl spaces and
unfinished attics.
32.2.3.4.3.3
Additional smoke detectors shall be installed in all living areas, as defined
in 3.3.17.5.
32.2.3.4.3.4 Each
sleeping room shall be provided with an approved smoke detector.
32.2.3.5.1 All facilities shall be
protected throughout by an approved automatic sprinkler system, installed in
accordance with 32.2.3.5.3, using quick-response or residential
sprinklers.
32.2.3.5.2
Deleted.
32.2.5.2.4 Fireplaces are
prohibited.
Exception #1: Sealed, properly vented, UL listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable. Exception #2: permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted.
32.2.5.2.5 Solid fuel-burning
central heating appliances shall be in compliance with the provisions of
sections 9.2.1 and 9.2.2 of the code, as amended in this part, and NFPA
pamphlet # 211, which is adopted by reference in 2.1 of the code, as amended by
R 400.18102.
(3) Large Facilities
32.3.1.1.1 Section 32.3applies to adult
foster care facilities that provide adult foster care for large facilities that
house 13 to 20 residents.
32.3.1.1.2 Where there are sleeping
accommodations for 7 to 12 residents, the occupancy shall be classified as a
small adult foster care facility in accordance with Section 32.2.
32.3.1.3 Minimum construction requirements.
Building construction requirements are under the authority of the Michigan
construction code, administered by the bureau of construction codes, as
provided in amendments to section
2.1 of the
code in
R 400.18102. 32.3.2 Means of
egress. 32.3.2.2.2 Doors. Doors in means of egress shall be as follows:
(1) Doors complying with 7.2.1 shall be
permitted.
(2) Doors within
individual rooms and suites of rooms may be swinging.
(3) Door, other than those meeting the
requirement of 32.3.2.2.2(4) or (5) shall be not be equipped with a lock or
latch that requires the use of a tool or key from the egress side.
(4) Delayed-egress locks in accordance with
7.2.1.6.1 shall be permitted, provided that not more than 1 device is located
in any egress path.
(5) Access
controlled egress doors in accordance with 7.2.1.6.2 shall be permitted,
provided that not more than 1 device is located in any egress path.
(6) Doors located in the means of egress that
are permitted to be locked under other provisions of chapter 32, other than
those meeting the requirement of 32.3.2.2.2(4) or (5), shall have adequate
provisions made for the rapid removal of occupants by means such as remote
control of locks, keying of all locks to keys carried by staff at all times, or
other such reliable means available to staff at all times.
(7) Only 1 such locking device, as described
in 32.3.2.2.2(6) shall be permitted on each door.
32.3.2.2.10 Deleted.
32.3.2.11.2 Lockups are not
permitted.
32.3.2.2.3.1 Exterior
stairs used as a means of egress that exceed a vertical distance from grade of
more than 4 feet shall be enclosed and separated from the remainder of the
facility with 1-hour rated fire barriers, with all openings equipped with
smoke-actuated automatic-closing or self-closing doors having a fire protection
rating comparable to that required for the enclosure. Unprotected openings
within 10 feet of exterior stairs less than 4 feet above grade shall be
prohibited. Stairs shall comply with 7.2.2.5.3.
32.3.3.2.3 Oxygen storage.
Oxygen used or stored in an adult foster care facility shall be in compliance with all of the following requirements:
(a) A separate room shall be provided for the
storage of oxygen and that room shall not be used for other storage or for any
other use.
(b) A room for the
storage of oxygen shall be separated from the remainder of the building by a
minimum of 1-hour fire-resistive-rated construction.
(c) A storage room or manifold enclosure for
oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity
shall not be located below grade. The room shall have 1 wall which is an
outside wall of the building and which has a window that is not less than 6
square feet in area, 1 square foot of which shall be a permanently open louver
for ventilation.
(d) A provision
shall be made for a rack or fastening to protect a cylinder from accidental
damage or dislocation.
(e) If the
manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the
oxygen shall be located, installed, and maintained in compliance with the
provisions of national fire protection association pamphlet no. 50, 1990
edition, bulk oxygen systems at consumers' sites, adopted by reference in
R
400.18108.
(f) A 1-day supply of oxygen may be kept in
the room where it is being used.
(g) Smoking shall be prohibited in any room
or compartment where oxygen is used or stored. Such areas shall be posted with
"no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high
and 1/4 inch (.635 cm) wide stroke.
32.3.3.2.4 Garages shall be separated from
the remainder of the facility by a minimum of 1-hour fire-resistive-rated
construction with all openings protected by not less than a 1hour, B-labeled
door and frame assembly.
32.3.3.4.2
Initiation. The required fire alarm system shall be initiated by all of the
following:
(1) Manual means in accordance
with 9.6.2.
(2) Required automatic
sprinkler system.
(3) Required
detection system.
32.3.3.4.7 Delete.
32.3.3.4.8 Smoke detection systems.
32.3.3.4.8.1 Approved smoke detectors shall
be provided in accordance with 9.6.1.3.
32.3.3.4.8.2 Smoke detectors shall be
installed on all levels, including basements but excluding crawl spaces and
unfinished attics.
32.3.3.4.8.3
Additional smoke detectors shall be installed in all living areas, as defined
in 3.3.17.5.
32.3.3.4.8.4 Each
sleeping room shall be provided with an approved smoke detector. 32.3.6.2.4
Fireplaces are prohibited.
Exception #1: Sealed, properly vented, UL listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable.
Exception #2: permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted.
32.3.6.2.5. Solid fuel-burning central
heating appliances shall be in compliance with the provisions of sections 9.2.1
and 9.2.2 of the code, as amended in this part, and NFPA pamphlet # 211, which
is adopted by reference in 2.1 of the code, as amended by
R 400.18102.
(4) Apartments
32.4 An adult foster care facility shall not
be located in, or be a part of, an apartment building.
32.4.1 to 32.4.3.3 Deleted.
(5) Miscellaneous requirements
32.5.1 Facilities housing persons who use
wheelchairs shall be provided with ramps at the required means of egress.
(6) Basements
32.6.1. A basement shall not be used as a
resident bedroom, unless it meets the definition of a "story above
grade."
32.6.2 A basement that is
used for resident activities shall have 2 remotely located means of escape
separated by not less than 50% of the longest dimension of the floor, as
practical. One of the means of escape shall exit directly to the outside at
grade. The second means of escape may be the interior stairway that serves the
first floor of the facility.
(7) Operating features
32.7.1.1 The administration of every adult
foster care facility shall have in effect and available to all personnel,
written copies of a plan for protecting all persons in the event of fire and
for evacuating persons from the building to the designated point of safety. The
plan shall include special staff response, including the fire protection
procedures needed to ensure the safety of any resident, and shall be amended or
revised whenever any resident with unusual needs is identified. All employees
shall be periodically instructed and kept informed with respect to their duties
and responsibilities under the plan, including the operation of fire alarm and
other fire protection equipment. Such instruction shall be reviewed by the
staff not less than every 2 months. A copy of the plan shall be readily
available at all times within the facility. The evacuation plan shall include
provisions to protect residents who are either permanently or temporarily
incapable of self-preservation. The evacuation plan shall be evaluated annually
to ensure that all information is current and correct.
32.7.1.1.1 The written fire safety plan shall
provide for the following:
(a) Use of
alarms.
(b) Transmission of alarm
to fire department.
(c) Response to
alarms.
(d) Isolation of
fire.
(e) Evacuation of
building.
(f) Closure of bedroom
doors and corridor access doors upon exiting.
(g) Use of fire extinguishers.
32.7.1.2 The proper
protection of adult foster care facility residents shall require the prompt and
effective response of staff members. The basic response required of staff shall
include the removal of all occupants directly involved with the fire emergency,
transmission of an appropriate fire alarm signal to warn other building
occupants and summon staff, confinement of the effects of the fire by closing
doors to isolate the fire area, and evacuation of residents as detailed in the
fire safety plan.
32.7.2.4
Deleted.
32.7.3.1 Emergency egress
and relocation drills shall be conducted not less than once per quarter per
scheduled shift; daytime, 7 a.m. to 3 p.m., evening, 3p.m. to 11 p.m., and
night, 11 p.m. to 7 a.m.
32.7.3.5
Deleted.
32.7.3.6 Deleted.
32.7.4.1.1 Smoking regulations
shall include the following:
(1) Smoking shall
he prohibited in any room, compartment, or area where flammable or combustible
liquids, combustible gases, or oxygen is used or stored and in any other
hazardous location. Both of the following also shall apply:
(a) Signs shall be posted with signs that
read "NO SMOKING" or bear the international symbol for no smoking. Sign letters
shall be not less than 2 inches (5.08 cm) high and 1/4 inch (635 cm) wide
stroke.
(b) In residential board
and care facilities where smoking is totally prohibited and signs so indicating
are placed at all major entrances, secondary signs with language that prohibits
smoking are not required.
(2) Smoking by residents classified as not
responsible with regard to their ability to safely use and dispose of smoking
materials shall be prohibited, unless the resident is under direct supervision
by staff or by a person approved by the administration. In such a case, smoking
may be permitted.
(3) Smoking
materials shall not be provided to residents nor maintained by residents
without the approval of the administration.
(4) Areas where smoking is permitted shall be
clearly identified.
(5) Ashtrays of
noncombustible material shall be provided and required to be used in all areas
where smoking is permitted.
(6)
Self-closing cover devices into which ashtrays may be emptied shall be made
available to all areas where smoking is permitted, and shall be required to be
used.
32.7.4.3 Smoking
shall be permitted in a designated location only. Smoking in resident or staff
bedrooms or in stairwells, exit corridors, and fire escapes is prohibited.
32.7.5.1.1 These requirements are applicable only to new draperies, curtains,
upholstered furniture, and mattresses. The term "new" means unused, normally
via procurement from the marketplace, either by purchase or donation of items
not previously used. If a facility purchases contract furniture, then such new,
unused furniture, whether purchased or received as a donation, is regulated by
section 32.7.5.2.
32.7.5.2.2
Upholstered furniture belonging to residents shall not be required to be
tested, provided that a smoke alarm is installed in such rooms.
32.7.5.3 New mattresses within board and care
homes shall be tested for rates of heat release in accordance with 10.3.4.
Mattresses manufactured and sold within the UnitedStates shall pass testing per
16 CFR 1632 (FF4-72), "Standard for the Flammability of Mattresses and Mattress
Pads."
32.7.5.3.2 Mattresses belonging to
residents in sleeping rooms shall not be required to be tested, provided that a
smoke alarm is installed in such rooms.
32.7.6 Staff shall be on duty and in the
facility at all times when residents are present.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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