104 CMR, § 28.14

Current through Register 1538, January 3, 2025
Section 28.14 - Self-preservation Standards
(1)Classification of Persons.
(a) Self-preservation means the capability both mentally and physically to take action to preserve one's own life, specifically to egress the building in which one resides unassisted within 2 1/2 minutes.
(b) The Department and Providers shall classify persons residing at each residential site as follows:
1.Impaired. An impaired person is a person who is not capable of self-preservation, who requires physical assistance to exit the building within 2 1/2 minutes.
2.Partially Impaired. A partially impaired person is a person who is not capable of self-preservation, who is capable of exiting the building within 2 1/2 minutes without physical assistance, but with supervision and/or instruction.
3.Unimpaired. An unimpaired person is a person who is capable of self-preservation, who is capable of exiting the building within 2 1/2 minutes without physical assistance and/or supervision or instruction.
(c)Procedures and Documentation Requirements for Person Classification.
1. The provider shall conduct a test of the person's ability to exit the building from the person's sleeping quarters, and common areas if more remote, prior to placement into the service; except that a provider may classify a person as impaired without such a test.
2. Test documentation shall include the time required to exit the building, the type of assistance required, if any, either physical or verbal, date of testing, and name of the person(s) conducting the test.
3. Test results shall be documented in the person's record.
4. The provider shall keep a central record of the classification of each person in the residential site.
5. Except for a residence or apartment for up to four persons in which all of the residents are capable of self-preservation, testing for person classification shall be conducted at least quarterly, and may be part of the quarterly fire drill. Where quarterly fire drills are not required self-preservation testing shall be conducted at least annually.
6. No person shall have his or her status changed to a less restrictive classification without substantiating documentation for at least two consecutive tests, which shall be conducted at least one week apart.
(2)Self-preservation Training. The provider shall provide or arrange for annual training in self-preservation, including knowledge of fire safety. The provider shall maintain documentation of such training.
(3)Staffing Requirements. If a person is classified under 104 CMR 28.14(1) as impaired or partially impaired, the provider must develop and maintain a staffing pattern to ensure the safety of the person and egress of all persons within 21/2 minutes.
(4)Evacuation Training. All staff shall be trained in evacuation procedures for impaired and partially impaired persons.
(5)Fire Drills. The following are requirements for fire drills at residential sites.
(a) The provider shall conduct fire drills at each residential site at least quarterly, and at least two of which shall be after 6:00 P.M. and shall maintain written records of such fire drills. If there is an over-night staff, one of the two drills after 6:00 P.M. must be done during the overnight shift.
(b) The provider shall maintain sufficient staff to ensure safe egress of all persons within 21/2 minutes.
(c) The requirements of 104 CMR 28.14(5) shall not apply to a residential site for up to four persons in which all of the residents are capable of self-preservation as provided in 104 CMR 28.14(1)(a).

104 CMR, § 28.14

Amended by Mass Register Issue 1345, eff. 8/11/2017.
Amended by Mass Register Issue 1479, eff. 9/30/2022.