Section 144-118-3.J - Waiver Provisions09/01/07 3.J.1. Fire Protection Waiver
a. The Department may waive specific provisions of the Life Safety Code (the Code) for as long as it considers appropriate, if: 1. The waiver would not adversely affect the health and safety of the client's residing in the facility; and2. Rigid application of specific provisions would result in unreasonable hardship for the ICF/MR.b. If the Department waives provisions of the Code for an existing building of two or more stories that is not built of at least two (2) hour fire-resistive construction, the ICF/MR may not house individuals who are blind, non-ambulatory or with physical, handicaps above the street-level floor unless: 1. It is built of one-hour protected, noncombustible construction as defined in National Fire Protection Association Standard No. 220;2. It has full sprinkler, one (1) hour protected, ordinary construction; or 3. It has full sprinkler, one (1) hour protected, wood frame construction. 3. J. 2. Building Accessibility and Use
The State survey agency may waive, for as long as it considers appropriate, specific provisions of American National Safety Institute (ANSI) Standard No. A 117.1 (1998) if:
a. The construction plans for the ICF/MR or a part of it were approved and stamped by the responsible State agency before March 18, 1974;b. The provision would result in unreasonable hardship on the ICF/MR if strictly enforced; andc. The waiver does not adversely affect the health and safety of the individuals residing in the facility.10- 144 C.M.R. ch. 118, § 3.J