Current through Register Vol. 46, No. 39, September 25, 2024
(a)
The evacuation capacity of recipients is a function of both the ability of the
recipients to evacuate and the assistance provided by staff. Determination of
satisfactory ability to evacuate should be made prior to admission to a
residential program. Such a determination may be reached by review of the
applicant's history and a face-to-face interview which shows a capacity to
evacuate equivalent to that of the general public. When uncertainty exists, a
time drill may be used for a more objective measurement.
(b) Subsequent to admission; for a crisis
residence, timed drills should be used to regularly evaluate the level of
evacuation capability of program recipients. Translation of drill times to
evacuation capability may be determined as:
(1) three minutes or less, prompt;
(2) over three minutes but not in excess of
13 minutes, slow.
(3) Evacuation
capability is based on the time of day or night when evacuation of the facility
would be the most difficult (i.e., sleeping residents or fewer staff present).
Recipients needing assistance in evacuating should be assisted by staff to the
extent that assistance would be available at the time of day or night in an
actual emergency.
(c)
Fire exit drills shall be conducted in a crisis residence at least monthly at
varying times of the day and night. Some drills may be announced in advance to
the recipients. The drills shall involve the actual evacuation of all residents
to an assembly point as specified in the emergency plan and shall provide
residents with experience in exiting through all exits. Actual exiting from
windows shall not be necessary to meet the requirements of this section.
Opening the window and signaling for help shall be an acceptable alternative.
Records should indicate the time to evacuate, date and times of day, location
of simulated fire origin, the escape paths used and comments relating to
residents who did not evacuate within the required time.
(d) Recipients and prospective individuals
shall only reside in or be admitted to a type of residential program
appropriate to the individual's evacuation capability.
(1) If a recipient or prospective individual
is clearly capable of prompt evacuation, that individual may be admitted to or
remain in any residential program of a type appropriate to their functional
level.
(2) If a recipient or
prospective individual fails to demonstrate a capability for prompt evacuation
during a fire drill, the matter should be completely documented in the fire
drill log and in the recipient's record. Immediate steps should be taken to
relocate the recipient to a location within the residence which will allow for
easier egress for such time as is necessary until another fire drill can be
conducted (no more than 14 days) and the recipient's behavior observed
again.
(3) If any recipient or
prospective individual would be excluded from a residential program because of
inability to evacuate within the time limits above, an evaluation shall be
conducted as described in the most current recognized edition of the National
Fire Protection Association 101A, Alternative Approaches to Life Safety. Said
codes are published by the National Fire Protection Association, One
Batterymarch Park, Quincy, MA 02269 and are available for review at the
Department of State, Division of Administrative Rules, One Commerce Plaza, 99
Washington Avenue, Albany, NY 12231 and the Office of Mental Health, Bureau of
Inspection and Certification, 44 Holland Avenue, Albany, NY 12229. If the
resultant E-score yields an evacuation difficulty level of prompt, the
applicant or resident shall not be excluded for failure to evacuate within the
required time limit. If the resultant E-score yields an evacuation difficulty
level of slow, the applicant or resident shall not be excluded solely for
failure to evacuate within the required time frame from a facility that is
constructed to meet the slow evacuator standards of the current recognized
edition of the Life Safety Code.
