Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule establishes fire safety
requirements for facility-based day habilitation and employment service
settings funded through the Medicaid home and community-based waivers. The
department delegates its authority for fire safety inspections under this rule
to the Department of Public Safety, Division of Fire Safety.
(1) General Requirements.
(A) People participating in facility-based
day habilitation and employment service settings are restricted to using the
floor of the building that is at ground level exit discharge. Exception: People
participating in facility-based day habilitation and employment services may
use the floor below and above the level of exit discharge if the entire
building is protected throughout with an approved automatic sprinkler
system.
(B) No facility-based day
habilitation and employment service shall be located in the same building as a
high hazard occupancy.
(C) The
staff of the facility shall conduct at least one (1) fire drill at least once a
month. In addition, a natural disaster drill will be conducted at least twice
per year. The staff shall maintain a written record at the facility of the
date, type of drill, time required to evacuate the building, whether the
evacuation was completed, notation of any problems evacuating, and the number
of occupants present during the drill.
(D) Unscheduled drills shall be held at the
Division of Fire Safety inspector's discretion.
(E) During severe weather, fire drills may be
postponed.
(F) Each fire drill
shall evacuate all persons from the building and be conducted as follows:
1. Drills simulate an actual fire
condition;
2. Occupants and staff
members do not obtain clothing or personal effects after the alarm has
sounded;
3. The occupants and staff
members proceed to a predetermined point outside the building that is
sufficiently remote to avoid fire danger, or to a predetermined point inside of
the building to defend in place; and
4. Occupants and staff members remain in
place until a recall is issued or until they are dismissed.
(G) No window in a facility shall
have bars or any other item placed over it in a stationary manner that would
impede a rescue or evacuation attempt.
(H) All flammable/combustible liquids,
matches, toxic cleaning supplies, poisonous materials, medicines, or other
hazardous items shall be stored so as to be inaccessible to the
occupants.
(I) The building numbers
shall be plainly visible from the street in case of emergency: at least four
(4) inches in height and contrasting color with the building.
(J) Good housekeeping practices ensuring fire
safety will be maintained daily.
(K) Stairways, walks, ramps, and porches
shall be kept free of ice and snow.
(L) Fresh-cut Christmas trees shall not be
used, unless they are treated with a flame resistant material and documentation
of the treatment is on file at the facility and available for review by the
Division of Fire Safety inspector.
(M) The facility may use a cellular phone
when all of the following conditions are met:
1. The phone must always have a
signal;
2. The phone must always be
charged;
3. The phone must be able
to make and receive normal calls;
4. The phone must remain at the facility at
all times; and
5. The emergency
plan for the facility must address the use of cellular phones.
(N) The facility shall notify the nearest fire
department that the facility is in operation and have required documentation
completed and signed by the local fire authority (fire department notification
form) on file at the facility and available for review by the Division of Fire
Safety inspector.
(O) Facilities served by a volunteer or membership
fire department shall be a member in good standing with the fire department. A
copy of the membership or receipt for membership shall be on file at the
facility and available for review.
(P) The facility shall
as soon as possible, no later than the following business day, report any fire
in the facility to the Division of Fire Safety and the Department of Mental
Health.
(Q) The Division of Fire Safety may make additional
requirements that provide adequate life safety protection if it is determined
that the safety of the occupants is endangered. Every building or structure
shall be constructed, arranged, equipped, maintained, and operated to avoid
danger to the lives and safety of its occupants from fire, smoke, fumes, or
resulting panic during the period of time necessary for escape from the
building.
(R) Prior to new construction, remodeling existing
structures, and any structural alterations to existing facilities, the provider
shall submit two (2) copies of plans and specifications prepared to scale for
review and approval. One (1) copy shall be submitted to the Department of
Mental Health's Licensure and Certification Unit; the second copy to the
Division of Fire Safety. The plans shall include a narrative indicating the
utilization of each area of the facility. The architect or contractor shall
certify in writing that the plans are in compliance with these certification
rules. The provider shall not begin construction until the plans have been
reviewed and approved by the Division of Fire Safety. All plans for new
construction, remodeling, or additions shall comply with the Americans with
Disabilities Act, Accessibility Guidelines.
(S) During the
construction or remodeling process, the provider shall request a framing and
wiring inspection and an inspection for the rough-in wiring for the fire alarm
system by the Division of Fire Safety before the walls are enclosed. Failure to
request these inspections in a timely manner may result in an unapproved fire
inspection from the Division of Fire Safety.
(T) The ceiling height
in all facilities shall be a minimum of seven feet six inches (7'6"). An
allowance will be made by the Division of Fire Safety inspector for some areas
that are below seven feet six inches (7'6") for the installation of ductwork
and plumbing, with no part of the ceiling less than six feet eight inches (6'
8").
(U) Facilities shall comply with all local building
codes, fire codes, and ordinances.
(V) The latest edition
of the National Fire Protection Association (NFPA), Chapter 101, Life Safety
Code prevails in the interpretation of these rules.
(W) Each
facility-based day habilitation and employment service setting shall be
inspected at least once annually by a Division of Fire Safety inspector. The
Department of Mental Health will initiate the fire safety inspection. If a
facility is found out of compliance with the fire safety rules, the department
will apply procedures for achieving compliance as promulgated under
9 CSR
45-5.060.
(2) Means of Egress Requirements.
(A) Each floor occupied in the facility shall
have not less than two (2) remotely located means of egress. Each exit door in
existing approved facilities shall not be less than thirty-two inches (32")
wide . All exit doors in new construction and facilities approved for service
delivery after the effective date of this rule shall be a minimum of thirty-six
inches (36") wide .
(B)
No door in the path of travel to the means of egress shall be less than
thirty-two inches (32") wide in an approved existing facility.
(C)
At no time shall the occupants of the facility exit through a bathroom, storage
room, furnace room, kitchen, garage, or any other room deemed hazardous by the
Division of Fire Safety inspector.
(D) All exit doors
shall swing in the direction of egress travel and have door closures attached.
In smaller facilities that care for ten (10) or fewer individuals, the exit
doors may swing inward providing all of the individuals are ambulatory. Door
closures are not required in smaller facilities.
(E) Emergency lighting
that has a battery backup shall be installed to light the path of egress. The
location and number of emergency lights shall be determined by the Division of
Fire Safety. These lights shall be tested monthly and documentation kept
indicating what lights are tested and the date and name of the person
performing the test.
(F) Lighted exit signs with a battery backup shall be
installed above exit doors and as needed throughout the facility to direct the
occupants to the exits. Lighted exit signs shall be tested monthly and
documentation kept indicating what lights are tested and the date and name of
the person performing the test.
(G) No locks that
require a key or special knowledge to unlock the lock from the inside shall be
allowed. Delayed egress locks complying with section 7.2.1.6.1 of the 2012
edition NFPA 101 are permitted, provided that no more than one such device is
located in any egress path.
(H) Overhead garage
doors are not recognized as exit doorways.
(I) Mirrors shall not
be placed on exit doors or adjacent to any exit in such a manner to confuse the
direction of the exit. All exit doors shall be readily recognizable.
(J)
All hallways shall have a clear width of at least thirty-six inches (36") wide
and shall be kept free of all articles that might impede the occupants'
evacuation from the home.
(K) Dead-end
corridors/hallways shall not exceed twenty feet (20').
(L)
All facilities that have a set of stairs or use stairs as an exterior fire
escape shall be constructed as follows:
1. All
stairs shall be at least thirty-six inches (36") wide. Fire escapes shall be
constructed of noncombustible materials;
2. A maximum rise of eight inches
(8");
3. A minimum tread of nine
inches (9");
4. A maximum height
between landings of twelve feet (12');
5. A minimum landing size of forty-four
inches (44");
6. Handrails placed
on both sides of sturdy construction and positioned thirty-four to thirty-eight
inches (34"-38") above the tread;
7. An outside diameter of the handrails of at
least one and one-fourth inches (1 1/4") and no greater than two inches (2") in
size;
8. Handrails with a clearance
of at least one and one-half inches (1 1/2") between the handrail and the wall
or upright to which it is attached; and
9. Spiral staircase or winder is not
permitted.
(M) Every ramp used in
the component of the means of egress shall be a minimum of forty-four inches
(44") wide, and have landings at the top and bottom being the same width as the
ramp. Ramp height shall comply with the following:
1. Ramps less than three inches (3") in
height have a slope of one inch (1") per eight inches (8") of run;
2. Ramps with a height of three to six inches
(3"-6") have a slope of one inch (1") per ten inches (10") of run;
and
3. Ramps with a height greater
than six inches (6") have a slope of one inch (1") per twelve inches (12") of
run.
(N) All ramps shall have a slip-resistant surface and
be designed so that water or snow do not accumulate on their surface.
(O)
All ramps over ten inches (10") in height shall have guardrails and handrails
on both sides.
(3)
Windows for Emergency Rescue and Ventilation.
(A) Every room or space greater than three
hundred (300) square feet used by individuals shall have at least one (1)
outside window for emergency rescue and ventilation. The window shall comply
with the following:
1. Is operable from the
inside without the use of tools;
2.
Provides a clear opening of at least twenty inches (20") wide, twenty-four
inches (24") in height, and has a total clear opening space no less than 5.7
square feet in size;
3. The bottom
of the window opening is no more than forty-four inches (44") above the
floor;
4. Any latching device is
operated easily;
5. Provides a
clear opening that is a rectangular solid, with a minimum width and height that
provides the required 5.7 square feet opening and a minimum depth of twenty
inches (20") to allow passage through the opening;
6. The windows shall be accessible by the
fire department and open into an area having access to a public way.
(B) Subsection (3)(A) does not
apply in the following situations:
1. In
buildings protected throughout by an approved, supervised automatic sprinkler
system;
2. When the room or space
has a door leading directly to the outside of the building; or
3. If it is an interior room greater than
three hundred (300) square feet in size and has two (2) remotely located means
of egress and the egress doors are a minimum of thirty-six inches (36") wide
and swings in the direction of egress.
(4) Travel Distance to Exits.
(A) The travel distance between any room door
intended as an exit access or an exit shall not exceed one hundred feet
(100').
(B) The travel distance
between any point in a room and an exit shall not exceed one hundred fifty feet
(150').
(C) The travel distance in
(A) and (B) above shall be permitted to be increased by fifty feet (50') in
buildings protected throughout by a supervised automatic sprinkler system that
is approved by the Division of Fire Safety inspector, based on the National
Fire Protection Association Standards for Sprinkler Systems.
(5) Protection.
(A) Any vertical openings and stairwells
shall be enclosed and protected with a one- (1-) hour fire barrier and
self-closing device attached to the door.
(B) All furnace rooms, rooms containing water
heaters, boiler rooms, laundry rooms, and storage rooms shall be separated from
the remainder of the building by construction having not less than a one- (1-)
hour fire resistance rating. All doors to these rooms shall have a self-closing
device attached and a one- (1-) hour fire resistive rating. The one- (1-) hour
rating required for these rooms or areas are not required if the facility
installs a one and three quarters inch (1 ¾") thick solid core wood door
or a twenty (20) minute fire rated door with a self-closure device installed
and an automatic sprinkler head supplied by the domestic water supply or has an
approved automatic sprinkler system. A fire alarm initiating device shall be
installed in these rooms or areas. Before approval of the sprinkler
installation using plastic pipe the provider must present documentation the
pipe (minimum ½ inch diameter) and fittings are tested and approved to
the 1881 or 1887 standard for use in sprinkler applications. If the sprinkler
option is chosen, the above appliances must be enclosed in a smoke resistant
enclosure. The door to these rooms shall be a minimum of one and three quarters
inch (1 ¾") solid bonded wood core door with a self- closing device or a
twenty minute fire rated door. No open penetrations including combustion air or
return air vents are allowed to penetrate these enclosures or doors. Louvers
that close on activation of the fire alarm or smoke detectors are
allowed.
(C) Facility-based day
habilitation and employment service settings shall be separated from other
occupancies in the same building in accordance with the following:
Use Group
|
Fire Wall Separation in Hours
|
Place of assembly
|
2
|
Business
|
1
|
Mercantile
|
2
|
Institutional restrained
|
1
|
Hotels or dormitories
|
2
|
(6) Interior Finish.
(A) Interior wall and ceiling finishes
throughout shall be a minimum Class B finish, as specified in the definition
section of these fire safety rules. Textile material having a napped, tufted,
looped, woven, non-woven, or similar surface shall not be applied to walls or
ceilings. Foam plastic materials or other highly flammable or toxic materials
shall not be used as an interior wall, ceiling, or floor finish.
(B) All wall studs, ceiling joists, and floor
joists shall be covered with a minimum of Class B finish, and no exposed studs
or joists shall be allowed.
(C)
Hangings or draperies shall not be placed over exit doors or be located to
conceal or obscure any exit. All other hangings and draperies shall be treated
with a flame retardant material with verification to this effect on file for
the Division of Fire Safety inspector to review. An exception can be made for
window valances and shall be noted by the inspector on the fire inspection
survey.
(7) Detection,
Alarms, Extinguishment.
(A) All
facility-based day habilitation and employment service settings programs
serving forty-nine (49) people or less shall have smoke detectors installed on
each level, in all occupied spaces, storage rooms, and throughout all corridors
and in all other locations as deemed necessary by the Division of Fire Safety
inspector. All smoke detectors shall be powered by the building's electrical
system and have a nine (9)-volt battery backup and be interconnected. Smoke
detectors shall be installed and arranged so that the activation of any smoke
detector causes the operation of an alarm in all detectors that is clearly
audible throughout the building, including in bathrooms, corridors, and
activity rooms, and above the noise of radios, televisions, and noises of
normal activity.
(B) All
facility-based day habilitation and employment service settings programs
serving fifty (50) people or more shall have a full coverage electrical fire
alarm system. Pull stations shall be mounted at each exit door, and
horns/strobes shall be installed throughout the facility. Smoke detectors shall
be installed in all rooms, throughout all corridors, in all living spaces,
storage rooms, and offices. Additional smoke detectors may be required by the
Division of Fire Safety inspector as deemed necessary. Heat detectors shall be
installed in all mechanical rooms, kitchens, laundry rooms, closets, and
throughout the attic. The battery backup control panel shall be Underwriters
Laboratories, Inc. (UL) or Factory Mutual (F.M.) listed and installed on a
dedicated circuit in the breaker box. The fire alarm system shall be installed
and maintained in accordance with the NFPA 72 Fire Alarm Code and in good
working order.
(C) The fire alarm
system shall be monitored by a monitoring company or transmitted directly to
the fire department when fifty (50) or more individuals are present.
(D) All facilities shall have the fire alarm
system tested, inspected, and approved annually by a fire alarm company in
accordance with the NFPA 72 Fire Alarm Code. A copy of the test report and
approved inspection report of the system shall be kept on file at the facility
for review by the Division of Fire Safety inspector and the
department.
(E) Occupant
notification shall be provided automatically without delay. Pre-signal systems
shall be prohibited.
(F) Any
facility that has hearing-impaired occupants shall make adequate provisions so
that the activation of any fire alarm system shall notify the occupants of the
building. The Division of Fire Safety inspector may require additional
requirements for the hearing-impaired occupants to insure adequate
modification.
(G) All smoke
detectors that are ten (10) years old or older shall be replaced with new smoke
detectors of the same style. The new smoke detectors shall have the
installation date written on the side of the detector for the Division of Fire
Safety inspector to reference. All smoke detectors that are connected to a fire
alarm system shall be replaced after ten (10) years of service, or recalibrated
by the smoke detector's manufacturer. If the smoke detectors are recalibrated,
temporary smoke detectors shall be installed so that the fire alarm system
continues working properly and providing protection to the occupants while the
original smoke detectors are being serviced.
(H) Facilities using any equipment or
appliances using wood or fossil fuel that pose a potential carbon monoxide
risk, including facilities with attached garages, shall install a carbon
monoxide detector(s). The detector(s) shall be installed according to the
manufacturer's instructions. The Division of Fire Safety may require additional
carbon monoxide detectors if the Division of Fire Safety inspector determines
that the safety of the occupants is endangered.
1. Carbon monoxide detectors shall be in good
operating condition. If a battery-operated detector is not operational, the
facility shall install a detector that is powered by the building's electrical
system with a battery backup.
2. If
an elevated carbon monoxide level is detected during a fire inspection, the
facility shall have all gas-fired appliances checked by a heating and air
conditioning company to identify the source of the carbon monoxide. Until the
facility has documentation on file at the facility verifying that all gas-fired
appliances were checked by a heating and air conditioning company and are in
safe working order, and the facility is determined safe by the Division of Fire
Safety inspector, the fire inspection shall not be approved.
3. If a level of carbon monoxide is
determined that endangers the lives of the occupants in care, the Division of
Fire Safety inspector shall take measures necessary to protect the occupants.
This may include evacuation of the building or closing the facility. The
facility shall obtain and have on file at the facility, documentation verifying
all gas-fired appliances were checked by a heating and air conditioning company
and are in safe working order. The facility shall be reinspected by the
Division of Fire Safety inspector and determined safe before the occupants can
return to the building or the facility can reopen.
(I) At least one (1) portable (five pound (5
lb)) 2A-10B:C fire extinguisher shall be required in all facilities. One (1)
fire extinguisher shall be located in the kitchen. Additional fire
extinguishers shall be placed throughout the facility, with a travel distance
no greater than seventy-five feet (75') between fire extinguishers. Additional
fire extinguishers may be required by the Division of Fire Safety inspector
depending on the floor plan arrangement of space and the number of levels
used.
(J) Fire extinguishers shall
be installed and maintained according to the instructions of the Division of
Fire Safety inspector and inspected and approved annually by a fire
extinguisher company. Documentation of the inspection and approval shall be on
file at the facility and available for review by the Division of Fire Safety
inspector.
(8) Heating,
Ventilating, Air Conditioning, and Mechanical Equipment.
(A) Unvented fuel-fired room heaters,
portable electric space heaters and floor furnaces shall not be permitted for
use.
(B) No facility shall be
allowed to heat the facility with a wood burning stove, fireplace, or wood
burning furnace located inside of the structure.
(C) All gas and electric heating equipment
shall be equipped with thermostatic controls. All water heaters, if gas fired,
shall have the exhaust properly vented with galvanized pipe with screws at all
joints or with a material recommended by the manufacturer. All water heaters
shall have a properly sized pressure relief valve installed with a drip leg.
The drip leg pipe on the pressure relief valve shall extend to approximately
six inches (6") above the floor and shall be of rigid material such as copper
or black iron pipe. Chlorinated polyvinyl chloride (CPVC) or PVC pipe can only
be used if manufactured specifically for use on drip legs. No drip leg may be
reduced in size from the opening of temperature and pressure valve.
(D) Facilities with a water heater two
hundred thousand British thermal units (200,000 Btus) per hour input or larger,
or that is heating with a boiler, shall have a valid permit from the Division
of Fire Safety posted on the premises. A copy of the permit shall be kept on
file at the Division of Fire Safety.
(E) All furnace rooms shall be properly
vented. Furnace flue pipes shall be constructed of galvanized pipe or material
recommended by the manufacturer. All galvanized pipe shall be secured by screws
at every joint in the pipe.
(F) All
joints in the gas supply pipe shall be located outside of the furnace cabinet
housing.
(G) Gas shutoff valve
shall be located next to all gas appliances, furnaces, hot water
heaters.
(H) All furnaces shall be
equipped with an electrical fused switch to protect the unit from electrical
overloading and to disconnect the electrical supply.
(I) If a furnace or water heater is located
inside a garage, the burner or ignition source shall be at least eighteen
inches (18") above the finished floor and enclosed inside a fire resistant room
having a fire rating of thirty (30) minutes. The door to this room shall also
have a fire rating of thirty (30) minutes and have a door closure attached.
Open penetrations, including combustion air or return air vents, shall not be
allowed to penetrate these enclosures or doors. Louvers that close on
activation of the fire alarm or smoke detectors are allowed.
(J) All furnace rooms and rooms containing
the water heater shall have adequate combustion air for the units. The vent
size opening for the combustion air shall be measured at one (1) square inch
per one thousand (1,000) Btus input if the combustion air is drawn from inside
the structure and one (1) square inch per four thousand (4,000) Btus input if
the air is drawn from outside of the structure. There shall be two (2)
combustion air vent openings in each furnace room, one (1) located at the lower
level and the other at the upper level. Combustion air or return air vents
shall not penetrate the rated or smoke enclosure.
(K) One (1) combustion air vent opening shall
be permitted if the vent opening communicates directly to the outside of the
structure. This opening shall be one (1) square inch per three thousand (3,000)
Btus input of the total gas appliances located in this room. The gas appliances
must be installed per manufacturer's instructions and have the proper clearance
around the unit or a minimum of one inch (1") from the sides and back, and six
inches (6") from the front of the unit.
(L) Air conditioning, heating, ventilating
ductwork, and related equipment shall be installed in a safe manner and be in
good operating condition as determined by the Division of Fire
Safety.
(M) All elevators shall be
inspected bi-annually by a state licensed elevator inspector and shall obtain
an annual state operating permit form from the Division of Fire Safety and post
it as required.
(N) If any
combustibles are stored in a furnace room, they must be enclosed in a metal
container.
(9)
Electrical Services.
(A) Electrical wiring
shall be installed and maintained in good working order. If the Division of
Fire Safety inspector considers the wiring to be unsafe for the occupants or it
is installed improperly, an inspection by a licensed electrician may be
required prior to fire safety approval. The inspection by the licensed
electrician shall be based on National Fire Protection Association, Chapter 70,
National Electrical Code.
(B) No
electrical extension cords will be allowed, unless approved in writing by the
Division of Fire Safety inspector.
(10) Equivalency Concepts. Nothing in this
rule is intended to prevent the use of systems, methods, or devices of
equivalent or superior quality, strength, fire resistance, effectiveness,
durability, and safety as alternatives required by this rule. These
alternatives may be used only if technical documentation to demonstrate
equivalency and the system, method, or device is submitted and approved by the
Missouri Division of Fire Safety.
*Original authority: 630.655, RSMo
1980.