Current through Vol. 24-04, March 15, 2024
Rule 401. Chapter 33, adopted by reference in Rule 102 of
these rules is amended as follows: Sections
33.1.1.3,
33.1.1.4, 33.2.2.5.2, 33.2.2.5.5.1, 33.2.3.2, 33.2.3.2.2, 33.2.3.2.3,
33.2.3.6.4, 33.3.1.1.1, 33.3.1.1.2, 33.3.2.2.2, 33.3.2.3.4, 33.3.3.3,
33.3.3.4.2, 33.3.3.5.1.1, 33.6, 33.7.1.1, 33.7.1.2, 33.7.3.1, 33.7.5, 33.7.5.1,
33.7.5.2.1, 33.7.5.2.2, 33.7.5.3, and 33.7.6 are amended, 33.2.2.6.4,
33.2.3.2.6, 33.2.3.2.7, 33.2.5.2.4, 33.2.5.2.5, 33.3.2.2.3.1, 33.3.3.2.3,
33.3.3.2.4, 33.3.3.2.5, 33.3.3.2.6, 33.3.3.4.8.4, 33.6.1, 33.6.2, 33.7.1.1,
33.7.1.1.1, 33.7.4.1.1, and 33.7.4.3 are added, and 33.2.3.6.1.4, 33.3.2.3.3,
33.3.3.4.7, 33.3.3.4.8.2, 33.3.3.6.6.1, 33.7.2.4, 33.7.3.5, 33.7.3.6, and
33.7.5.3.2 are deleted from this chapter as follows:
(1) General requirements
33.1.1.3. Chapter Sections. This chapter is
divided into 5 sections as follows:
(1)
Section 33.1 General Requirements
(2) Section 33.2 Small facilities (7-12
residents)
(3) Section 33.3 Large
facilities (13 to 20 residents)
(4)
Section 33.4 Suitability of an apartment building to house a board and care
occupancy
(5) Section 33.5
Reserved
(6) Section 33.6
Basements
(7) Section 33.7
Operating features
33.1.1.4 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.
(2) Small facilities
33.2.2.5.2 Doors shall be swinging or
sliding. Doors used as the means of escape shall be swinging. Exception:
bathroom doors.
33.2.2.5.5.1
Delayed-egress locks complying with 7.2.1.6.1 shall be permitted on exit doors
only.
33.2.2.6.4 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 fire-resistive rated 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.
33.2.3.2 Hazardous areas.
33.2.3.2.2 Spaces requiring protection by
33.2.3.2.1 shall include, but shall not be limited to, areas for cartoned
storage, food, or household maintenance items in wholesale or
institutional-type quantities and concentrations, mass storage of residents
belongings, furnaces, heating equipment, and furnace rooms.
33.2.3.2.3 Areas containing approved,
properly installed and maintained residential-type cooking and laundry
equipment shall not be classified as hazardous areas solely on the basis of
such equipment.
33.2.3.2.6 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, 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.
33.2.3.2.7 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
fire-resistive rated, B-labeled door and frame assembly.
33.2.3.6.1.4 Deleted.
33.2.3.6.4 Doors shall meet the following
requirements:
(1) Doors shall be provided with
latches or other mechanisms suitable for keeping the doors closed.
(2) No doors shall be arranged to prevent the
occupant from closing the door.
(3)
Deleted.
33.2.5.2.4
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.
33.2.5.2.5. 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, and NFPA
pamphlet # 211, 2003 edition, standard for chimneys, fireplaces, vents, and
solid fuel-burning appliances, which is adopted by reference in
R 400.18102.
(3) Large Facilities
33.3.1.1.1 Section 33.3shall apply to
residential board and care occupancies providing sleeping accommodations for 13
to 20 residents.
33.3.1.1.2
Facilities having sleeping accommodations for 7 to 12 residents shall be
evaluated in accordance with section
33.2.
33.3.2.2.2 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) No door, other than those meeting the
requirement of 33.3.2.2.2(4) or (5) shall 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 33, other than
those meeting the requirement of 33.3.2.2.2(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 33.3.2.2.2(6) shall be permitted on each door.
33.3.2.2.3.1 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 fire
resistive 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.
33.3.2.3.3 Deleted.
33.3.2.3.4 Corridors shall be not less than
36 inches (915mm) wide.
33.3.3.2.3
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.
33.3.3.2.2 (1) Boiler and
heater rooms
Boiler and heater rooms located in unoccupied basements are
not subject to the one hour requirement of 33.3.3.2.2.
33.3.3.2.4 Solid fuel-burning central heating
appliances shall be in compliance with 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.
33.3.3.2.5 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.
33.3.3.2.6 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.
33.3.3.3
Interior finish. New interior finishes shall comply with this
section.
33.3.3.4.2 Initiation. The
required fire alarm system shall be initiated by all of the following means:
(1) Manual means in accordance with 9.6.2,
unless there are other effective means, such as a complete automatic sprinkler
or automatic detection system, for notification of fire as required.
(2) Manual fire alarm box located at a
convenient central control point.
(3) Automatic sprinkler system, other than
those not required by another section of this code.
(4) Required detection system.
33.3.3.4.7 Deleted.
33.3.3.4.8.2 Deleted.
33.3.3.4.8.4 Smoke detectors shall be
required in all dwelling units, including sleeping rooms.
33.3.3.5.1.1 In buildings not more than 4
stories in height, a sprinkler system complying the NFPA 13R, Standard for the
installation of sprinkler systems in residential occupancies up to and
including 4 stories in height, shall be permitted. Exception: An automatic
sprinkler system in accordance with NFPA 13D, standard for the installation of
sprinkler systems in 1- and 2-family dwellings and manufactured homes, shall be
permitted for up to 16 residents.
33.3.3.6.6.1 Deleted.
(6) Basements.
33.6. Basements.
33.6.1. A basement shall not be used as a
resident bedroom, unless it meets the definition of a "story above
grade."
33.6.2. 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 procedures
33.7.1.1 The administration of every
residential board and 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 admitted to the
home. 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.
33.7.1.1.1 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.
33.7.1.2 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.
33.7.2.4
Deleted.
33.7.3.1 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. (consistent with AFC licensing and current rules in
effect.)
33.7.3.5
Deleted.
33.7.3.6
Deleted.
33.7.4.1.1 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.
(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 he 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 or maintained by residents without the approval of the
administration.
(4) Areas where
smoking is permitted shall he clearly identified.
(5) Ashtrays of noncombustible material shall
he provided and required to he used in all areas where smoking is
permitted.
(6) Self-closing cover
devices into which ashtrays may be emptied shall he made available to all areas
where smoking is permitted, and shall be required to he used.
33.7.4.3 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.
33.7.5 Furnishings,
bedding, and decorations.
33.7.5.1 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 33.7.5.2.
Exception: If residents are allowed to bring an upholstered
furniture item from the residents previous residence into the facility, then
such an item is not new and is not regulated.
33.7.5.2.1 New upholstered furniture within
board and care homes shall be tested for rates of heat release in accordance
with 10.3.3.
33.7.5.2.2 Upholstered
furniture belonging to residents in sleeping rooms shall not be required to be
tested, provided that a smoke alarm is installed in such rooms.
33.7.5.3 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 United States shall pass testing
per 16 CFR 1632 (FF4-72), Standard for the flammability of mattresses and
mattress pads.
33.7.5.3.2
Deleted.
33.7.6
Staff. Staff shall be on duty and in the facility at all times when residents
are present.