New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Section He-P 814.23 - Fire Safety

Universal Citation: NH Admin Rules He-P 814.23

Current through Register No. 12, March 21, 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

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