Current through Register No. 40, October 3, 2024
(a) All CRs shall
meet the requirements of the appropriate chapter of NFPA 101 as adopted by the
commissioner of the department of safety as Saf-C 6000 under RSA 153, and as
amended pursuant to RSA 153:5, I,
by the state fire marshal with the board of fire control, and any pertinent
chapter and related codes regarding the installation, testing, and maintenance
of the fire alarm system.
(b) All
CRs shall have, at a minimum:
(1) One of the
following:
a. Approved smoke alarms installed
inside every sleeping room, outside every sleeping area in the immediate
vicinity of the bedrooms, and on all levels, including basements, that are
interconnected and powered by the CR's electrical service; or
b. A wireless fire alarm system approved by
the NH fire marshal;
(2)
At least one UL Listed, ABC type portable fire extinguisher, with a minimum
rating of 2A-10BC installed on every level of the building with a maximum
travel distance to each extinguisher not to exceed 50 feet and maintained as
follows:
a. Fire extinguishers shall be
inspected either manually or by means of an electronic monitoring device or
system at least once per calendar month, at intervals not exceeding 31
days;
b. Records for manual
inspection or electronic monitoring shall be kept to demonstrate that at least
12 monthly inspections have been performed for the most recent 12-month
period;
c. Annual maintenance shall
be performed on each extinguisher by trained personnel, and a tag or label
shall be securely attached that indicates that maintenance was performed;
and
d. The components of the
electronic monitoring device or system in a. above, if used, shall be tested
and maintained annually in accordance with the manufacturers listed maintenance
manual; and
(3) A carbon
monoxide monitor on every level.
(c) An emergency and fire safety program
shall be developed and implemented to provide for the safety of individuals and
personnel.
(d) Immediately
following any fire or emergency situation, licensees shall notify the
department by phone and in writing within 72 hours, with the exception of:
(1) A false alarm or emergency medical
services (EMS) transport for a non-emergent reason; or
(2) EMS transport related to known
pre-existing conditions.
(e) The written notification required by (d)
above shall include:
(1) The date and time of
the incident;
(2) A description of
the location and extent of the incident, including any injuries to individuals
or employees or damage sustained by the CR;
(3) A description of events preceding and
following the incident;
(4) The
name of any employees or individuals who were evacuated as a result of the
incident, if applicable;
(5) The
name of any employees or individuals who required medical treatment as a result
of the incident, if applicable; and
(6) The name of the person the licensee
wishes the department to contact if additional information is
required.
(f) For the
use and storage of oxygen and other related gases, CRs shall comply with NFPA
99 as adopted by the commissioner of the department of safety as Saf-C 6000
under RSA 153, and as amended pursuant to
RSA
153:5, I, by the state fire
marshal with the board of fire control, including, but not limited to, the
following:
(1) All freestanding compressed gas
cylinders shall be firmly secured to the adjacent wall or secured in a stand or
rack;
(2) Storage locations shall
be outdoors in an enclosure or within an enclosed interior space of
noncombustible or limited-combustible construction, with doors, or with gates
if outdoors, that can be secured against unauthorized entry;
(3) Oxidizing gases, such as oxygen and
nitrous oxide, shall:
a. Not be stored with
any flammable gas, liquid, or vapor;
b. Be separated from combustibles or
incompatible materials by:
1. A minimum
distance of 20 ft (6.1 m);
2. A
minimum distance of 5 ft (1.5 m) if the entire storage location is protected by
an automatic sprinkler system designed in accordance with NFPA 13, Standard for
the Installation of Sprinkler Systems; or
3. An approved, enclosed flammable liquid
storage cabinet of noncombustible construction having a minimum fire protection
rating of one-half hour for cylinder storage; and
c. Be secured in an upright position, such as
with racks or chains;
(4) A precautionary sign, readable from a
distance of 5 ft (1.5 m), shall be conspicuously displayed on each door or gate
of the storage room or enclosure, and shall include, at a minimum, the
following: "CAUTION, OXIDIZING GAS(ES) STORED WITHIN - NO SMOKING";
and
(5) Precautionary signs,
readable from a distance of 5 ft (1.5 m), and with language such as "OXYGEN IN
USE, NO SMOKING", shall be conspicuously displayed wherever supplemental oxygen
is in use and in aisles and walkways leading to the area of use, and shall be
attached to adjacent doorways or to building walls or be supported by other
appropriate means.
(g)
Flammable gases and liquids shall be stored in metal fire retardant
cabinets.
(h) Pursuant to
RSA
155:68 and 69, if the licensee has chosen to
allow smoking, a designated smoking-permitted area shall be provided which has,
at a minimum:
(1) A dedicated ventilation
system, so that smoke or odors cannot escape or be detected outside the
designated smoking room;
(2) Walls
and furnishings constructed of non-combustible materials; and
(3) Metal waste receptacles and safe
ashtrays.
(i) Each
licensee shall develop a written fire safety plan.
(j) A copy of the fire safety plan including
fire drill actions shall be made available to and reviewed with the individual,
or the individual's guardian or a person with durable power of attorney (DPOA)
, at the time of admission and a summary of the individual's responsibilities
shall be provided to the individual. Each individual shall receive an
individual fire drill walk-through within 5 days of admission, as
appropriate.
(k) The fire safety
plan shall be reviewed and approved as follows:
(1) A copy of the fire safety plan shall be
made available, annually and whenever changes are made, to the local fire chief
for review and approval;
(2) The
local fire chief shall give written approval initially to all fire safety
plans; and
(3) If changes are made
to the plan, they shall be submitted to the local fire chief for review and
approval, as appropriate, prior to the change.
(l) For buildings constructed to the
Residential Board and Care Chapter of the NFPA 101, the following shall be
required:
(1) The administration of every
residential board and care facility shall have, in effect and available to all
supervisory personnel, written copies of a plan for protecting all persons in
the event of fire, for keeping persons in place, for evacuating persons to
areas of refuge, and for evacuating persons from the building when
necessary;
(2) Individuals shall be
trained to assist each other in case of fire or emergency to the extent that
their physical and mental abilities permit them to do so, without additional
personal risk;
(3) All CR
facilities shall conduct fire drills not less than 6 times per year on a
bimonthly basis, with not less than 2 drills conducted during the night when
individuals are sleeping. Actual exiting from windows shall not be required,
however opening the window and signaling for help shall be an acceptable
alternative;
(4) The drills shall
involve the actual evacuation of all individuals to an assembly point, as
specified in the emergency plan, and approved by the department and the local
fire authority based on construction of the building and shall provide
individuals with experience in egressing through all exits and means of
escape;
(5) Facilities shall
complete a written record of fire drills that includes the following:
a. The date and time including AM/PM the
drill was conducted and if the actual fire alarm system was used;
b. The location of exits used;
c. The number of people, including
individuals, personnel, and visitors, participating at the time of the
drill;
d. The amount of time taken
to completely evacuate the facility;
e. The name and title of the person
conducting the drill;
f. A list of
problems and issues encountered during the drill;
g. A list of improvements and resolution to
the issues encountered during the fire drill; and
h. The names of all staff members
participating in the drill;
(6) At no time shall a staff member who has
not participated in a fire drill be the only staff member on duty within the
facility;
(7) At least annually,
the facility shall conduct a resident Fire Safety Evacuation Scoring System
(FSES) as listed in NFPA 101A, Alternatives to Life Safety, to determine the
individuals needs during a fire drill including, but not limited to, mobility,
assistance to evacuate, staff needed, risk of resistance, individuals ability
to evacuate on their own and choose an alternate exit; and
(8) The fire drills for facilities built to
the Residential Board and Care chapter of the NFPA 101, shall be permitted to
be announced, in advance, to the individuals just prior to the drill.
(m) Evacuation drills shall
include the transmission of a fire alarm signal and simulation of emergency
fire condition.
(n) All personnel
shall participate in at least one drill quarterly.
(o) For personnel who are unable to
participate in the scheduled drill described in (n) above, on the day they
return to work the administrator or designee shall, if applicable, instruct
them as to any changes in the facility's fire and emergency plan and document
such instruction in their personnel file.
(p) Personnel who are unable to participate
in a drill in accordance with (n) and (o) above shall participate in a drill
within the next quarter.
(q)
Per-diem or temporary personnel shall not be the only person on duty unless
they have:
(1) Participated in at least 2
actual fire drills in the facility in the past year; and
(2) Participated in the facility's
orientation program pursuant to He-M 1001 or He-M 1002.
#9288, eff
10-3-08
