Rule 120-3-3-.03 - Definitions(1) "Ambulatory Health Care Occupancy." A building or portion thereof used to provide services or treatment simultaneously to four or more patients that (1) provides, on an outpatient basis, treatment for patients that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others; or (2) provides, on an outpatient basis, anesthesia that renders the patients incapable of taking action for self-preservation under emergency conditions without the assistance of others. For the purpose of compliance with Centers for Medicare & Medicaid Services (CMS) an Ambulatory Health Care Occupancy is a building or portion thereof used to provide services or treatment for one or more patients that (1) provides, on an outpatient basis, treatment for patient(s) that renders the patient(s) incapable of taking action for self-preservation under emergency conditions without the assistance of others; or (2) provides, on an outpatient basis, anesthesia that renders the patient(s) incapable of taking action for self-preservation under emergency conditions without the assistance of others "(2) "Assistive device" means a device that may restrain movement which has been determined to be required by a licensed physician, nurse practitioner or physician's assistant working under a protocol or job description respectively and is applied for protection from injury or to support or correct the body alignment of the person, for the treatment of a person's physical condition, and may only be used as a treatment intervention where a specific written plan of care has been developed and the resident consents to such use.(3) "Assisted living care" means the specialized care and services provided by an assisted living community which includes the provision of personal services, the administration of medications by a certified medication aide and the provision of assisted self-preservation."(4) "Assisted Living Community (ALC)" means facility serving 25 residents or more that is licensed by the Georgia Department of Community Health and meets the requirements of an existing health care occupancy found in Chapter 19 of the Life Safety Code or the requirements established in Chapter 34 or 35 of the Life Safety Code as may be applicable for new or existing facilities."(5) "Assisted self-preservation" as applied to an Assisted Living Community (ALC) means the capacity of a resident to be evacuated from an assisted living community to a designated point of safety and within an established period of time as determined by the Office of the Safety Fire Commissioner. Assisted self-preservation is a function of all of the following: (A) the condition of the individual;(B) the assistance that is available to be provided to the individual by the staff of the assisted living community, and(C) the construction of the building in which the assisted living community is housed, including whether such building meets the safety requirements applicable to an existing Health Care Occupancy or an Assisted Living Community as established by Chapter 34 or 35 of NFPA 101, Life Safety Code, as may be applicable respectively to a new or existing facility, and other safety to life provisions as adopted by the Rules and regulations of the Safety Fire Commissioner." (Also see the definition for "Self-Preservation")(6) "Community Living Arrangement" means for the purpose of this chapter, any residence whether operated for profit or not which is subject to being licensed by the State, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care or treatment exclusively for two or more adults who are not related to the owner or manager by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the Department of Human Services, Division of Mental Health, Developmental Disabilities, and Addictive Diseases. NOTE: Refer to Modification (72) relating to the 2012 Edition of NFPA 101, Life Safety Code for minimum requirements for safety to life from fire and related emergency conditions in Community Living Arrangements, Assisted Living Communities, Health Care Facilities, Limited Care Facilities, Personal Care Homes, and other specialty facilities as defined herein and or through modifications to NFPA 101, Life Safety Code.
(7) "Evacuation Capability, Impractical" Means the total evacuation of all residents from a building or structure cannot be achieved in less than thirteen minutes whether day or night. The evacuation capabilities of residents in all cases are based on the time of day or night when the evacuation of the facility would be most difficult (e.g., sleeping residents and/or fewer staff present).(8) "Evacuation Capability, Prompt." Means the total evacuation of all residents from the building or structure can be achieved in three minutes or less whether day or night. The evacuation capabilities of residents in all cases are based on the time of day or night when evacuation of the facility would be the most difficult (e.g., sleeping residents and/or fewest staff present).(9) "Evacuation Capability, Slow." Means the total evacuation of all residents from the building or structure can be achieved in over three minutes but not in excess of thirteen minutes whether day or night. The evacuation capabilities of residents in all cases are based on the time of day or night when evacuation of the facility would be the most difficult (e.g., sleeping residents and/or fewest staff present).(10) "Existing Building" means buildings, structures, facilities or conditions which are already in existence or constructed and officially authorized prior to the effective date for the adoption of this Chapter. This definition shall apply to all situations covered by this chapter except where otherwise noted by this chapter."(11) "Fire hazard" means for the intents and purposes of this Chapter 120-3-3 and the codes and standards adopted there-under, unless more specifically stated elsewhere in this Chapter, an activity, circumstance, condition, situation, combination of materials, material process, use or improper use of heat sources, or that on the basis of applicable documentation, data, or sources deemed reliable by the authority having jurisdiction, can cause an unwanted fire, a fire out of control, an explosion, or a related condition, such as panic from a fear of smoke, fire, or explosion, that the authority having jurisdiction determines it to be a risk to persons, to property, or to the health, safety and or welfare of the jurisdiction."(12) "Fire Wall" means, for the purpose of this chapter and O.C.G.A. Code Sections 25-2-4 and 25-2-13, walls of any approved noncombustible construction having sufficient structural stability under fire conditions to allow collapse of construction on either side without collapse of the wall for the duration of time indicated by the required fire-resistance rating, and that comply with the provisions for fire walls in accordance with the International Building Code, as adopted by the Georgia Department of Community Affairs. (Refer to modifications to the International Building Code, as adopted by the Board of Community Affairs regarding provisions for "double fire walls.")(13) "ICC Code", means, for the purposes of the Safety Fire Commissioner's Rules and Regulations, any of the codes, or portions thereof, as published by the International Code Council (ICC) and as adopted and modified as set forth in this Chapter or any other chapter of the Safety Fire Commissioner's Rules and Regulations.(14) "Limited Care (Custodial Care) Facilities". A building, or part thereof, used on a 24-hour basis, for the housing, lodging or boarding of four or more persons who are incapable of self-preservation because of age, physical limitation(s) due to accident or illness, or mental limitation(s) such as mental illness or chemical dependency. This occupancy classification also includes, but is not limited to TBI Facilities or Traumatic Brain Injury Facilities. (See Chapters 18 and 19 of the Life Safety Code for minimum requirements. Also see 120-3-3-.03 of Chapter 120-3-3 Rules of the Safety Fire Commissioner for the definitions of "Assisted Living Community" and "Memory Care Unit".)"(15) Lodging or Rooming House. A building or portion thereof that does not qualify as a one- or two-family dwelling, that provides sleeping accommodations for a total of 15 or fewer people on a transient or permanent basis, with or without meals, but without separate cooking facilities for individual occupants. Foster homes, group homes, battered spouse shelters, or similar facilities providing lodging and boarding for four but not more than 15 residents or clients, not related by blood or adoption to the owner(s) or operator(s) shall be deemed a lodging or rooming house for purposes of this Chapter 120-3-3.(16) "Memory care unit" means the assisted living community, or specialized unit thereof, that either holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's Disease or other dementia who may be at risk of engaging unsafe wandering activities outside the unit or assisted living community (eloping), or charges rates in excess of those charged other residents because of cognitive deficits which may place the residents at risk of eloping. (Such facilities shall comply with Chapter 34 or 35, as may be applicable, of NFPA 101, Life Safety Code, as adopted by this Chapter 120-3-3.)"(17) "Mobile/portable classroom structure", means a portable structure built on a chassis, designed as a temporary student classroom structure for educational purposes, and designed to be used with or without a permanent foundation."(18) "Mobile/portable classroom structure, Existing", means a mobile/portable classroom structure approved, constructed and placed in use before the effective date of this Chapter 120-3-3."(19) "NFPA Code or Standard" means, for the purposes of the Safety Fire Commissioner's Rules and Regulations, any of the codes and/or standards, or portions thereof, as published by the National Fire Protection Association (NFPA) and as adopted and modified in this chapter or any other chapter of the Safety Fire Commissioner's Rules and Regulations.(20) "Occupiable Story" means, for the purpose of this chapter and the codes and standards adopted herein, a story occupied by people on a regular basis. Stories used exclusively for mechanical equipment rooms, elevator penthouses and similar spaces are not occupiable stories.(21) "Personal Care Home" means, for the purposes of this chapter and O.C.G.A. Section 25-2-13(b)(1)(J), a facility licensed by the Georgia Department of Community Health as a personal care home. A personal care home is further defined as any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. (Personal Care Homes not designated as an "Assisted Living Community" or a "Memory Care Unit" shall meet the provisions of Chapter 32 or 33, as applicable for Residential Board and Care Occupancies of NFPA 101, Life Safety Code, as adopted by this Chapter 120-3-3. See the definition for "Residential Board and Care Occupancies" in 120-3-3-.03)"(22) "Primary Level of Exit Discharge" means, for the purpose of this chapter and the codes and standards adopted herein, that story which is level with or above finished grade by more than 50% of the cubic volume of the occupiable story. Building levels below the primary level shall not count as a story in determining the height of a building.(23) "Residential Board and Care Occupancies (Specifically Personal Care Homes/Facilities means a building, or part thereof, which is used for lodging and boarding of four or more residents who are not related by blood or marriage to the owners or operators, for the purpose of providing personal care services. Such facilities may also be utilized as a Community Living Arrangement. Either use must be licensed by the State agency having licensing jurisdiction.) Any facility providing lodging and boarding and personal care for four or more residents who are mostly incapable of self-preservation, except brain injury centers, because of physical or mental disability, shall require relocation of so classified excess residents to an appropriate health care facility meeting, at the least, the provisions, for limited care facilities as set forth by NFPA 101, Life Safety Code. (See the definitions in 120-3-3.03 of Chapter 120-3-3 of the Rules and Regulations of the Safety Fire Commissioner for "Assisted Living Community" and "Memory Care Unit." Also, see the definitions for "Community Living Arrangements", Limited Care Facilities, and "Limited Care (Custodial Care) Facilities" relative to Traumatic Brain Injury (TBI) Facilities.)"(24) "Self-Preservation," except as defined in NFPA 101, Life Safety Code for day-care occupancies, means the ability to respond to an emergency condition, whether caused by fire or otherwise, and escape the emergency without physical, hands-on assistance from staff. The resident may move from place to place by walking, either unaided or aided by prosthesis, brace, cane, crutches, walker or handrails, or by propelling a wheelchair. (See the definition of "Assisted Self-Preservation).(25) "Sleeping Accommodations for Hire" means, for the purpose of this chapter and O.C.G.A. Section 25-2-13(b)(1), and the adopted codes herein, a bed, whether single, double, queen, or king, which is for hire or rental, whether by the day, week, month, or some other period of time.(26) "Stories" means, for the purpose of O.C.G.A. Section 25-2-13(b)(1) and the codes and standards adopted herein, that level starting at the primary level of exit discharge and ending at the highest occupiable story. A building level below the primary level shall not count as a story in determining the height of a building (see the definition of (20) for occupiable story).Ga. Comp. R. & Regs. R. 120-3-3-.03
O.C.G.A. §§ 25-2-4, 33-2-9, 50-13-21.
Original Rule entitled "Modifications, Additions and Deletions to Standards Adopted" adopted. F. Feb. 8, 1979; eff. Mar. 1, 1979, as specified by the Agency.Amended: F. Aug. 6, 1982; eff. Sept. 1, 1982, as specified by the Agency.Amended: F. July 7, 1983; eff. August 1, 1983, as specified by the Agency.Amended: F. Apr. 23, 1986; eff. May 15, 1986, as specified by the Agency.Repealed: New Rule entitled "Request for Modification of Specific Requirements" adopted. F. Sept. 30, 1987; eff. Nov. 1, 1987, as specified by the Agency.Repealed: New Rule of same title adopted. F. Dec. 3, 1990; eff. Jan. 1, 1991, as specified by the Agency.Amended: F. July 9, 1998; eff. July 29, 1998.Amended: F. Dec. 21, 1999; eff. Jan. 10, 2000.Repealed: New Rule "Definitions" adopted. F. Aug. 21, 2003; eff. Sept. 10, 2003.Repealed: New Rule of same title adopted. F. Jan. 12, 2007; eff. Feb. 1, 2007.Repealed: New Rule of same title adopted. F. Feb. 17, 2010; eff. Mar. 9, 2010.Repealed: New Rule of same title adopted. F. Jan. 10, 2014; eff. Jan. 30, 2014.Amended: F. Dec. 13, 2019; eff. Jan. 1, 2020, as specified by the Agency.