Mich. Admin. Code R. 400.18201

Current through Vol. 24-22, December 15, 2024
Section R. 400.18201 - Application; amendments to chapter 32 of the code

Rule 201. Sections 32.1.1.3, 32.1.1.6.3, 32.1.3, 32.2.1.1.1, 32.2.1.1.2, 32.2.1.2, 32.2.2.5.1, 32.2.2.5.2, 32.2.2.5.5.1, 32.2.3.1.2, 32.2.3.2, 32.2.3.4.3, 32.2.3.4.3.1, 32.2.3.4.3.2, 32.2.3.4.3.3, 32.2.3.4.3.4, 32.2.3.5.1, 32.3.1.1.1, 32.3.1.1.2, 32.3.1.3, 32.3.2.2.2, 32.3.2.11.2, 32.3.3.4.2, 32.3.3.4.8, 32.3.3.4.8.1, 32.3.3.4.8.2, 32.3.3.4.8.3, 3.2.4, 32.7.1.1, 32.7.1.2, 32.7.3.1, and 32.7.6 of the code are amended, sections 32.2.2.6.4, 32.2.3.2.3.1, 32.2.3.2.6, 32.2.3.2.7, 32.2.5.2.4, 32.3.2.2.3.1, 32.3.3.2.3, 32.3.3.2.4, 32.3.3.4.8.4, 32.3.6.2.4, 32.3.6.2.5, 32.5, 32.6, 32.6.1, 32.6.2, 32.7.1.1.1, 32.7.4.1, 32.7.5, and 32.7.5.3, 32.7.4.1.1, 32.7.4.3, 32.7.5.1.1, 32.7.5.2.2, 32.7.5.3, and 32.7.5.3.2 are added, and sections 32.1.1.4, 32.2.2.5.1.2, 32.2.2.6.2, 32.2.3.1.5, 32.2.3.2.1, 32.2.3.2.2, 32.2.3.5.2, 32.3.2.2.10, 32.3.3.4.7, 32.4.1, 32.4.1.1, 32.4.1.1.2, 32.4.1.1.3, 32.4.1.1.4, 32.4.1.2, 32.4.1.3, 32.4.1.4, 32.4.1.4.1, 32.4.1.4.2, 32.4.2.1, 32.4.2.2, 32.4.3, 32.4.3.1, 32.4.3.1.1, 32.4.3.1.2, 32.4.3.2, 32.4.3.2.1, 32.4.3.2.2, 32.4.3, 32.4.3.1, 32.4.3.1.1, 32.4.3.1.2, 32.4.3.2, 32.4.3.2.1, 32.4.3.2.2, 32.4.3.3, 32.7.2.4, 32.7.3.5, and 32.7.3.6 are deleted to read as follows:

General Requirements

32.1.1.3 Chapter Sections. This chapter is divided into 7 sections as follows:
(1) Section 32.1General Requirements
(2) Section 32.2Small facilities (7-12 residents)
(3) Section 32.3Large facilities (13 to 20 residents)
(4) Section 32.4Apartments
(5) Section 32.5Miscellaneous
(6) Section 32.6Basements
(7) Section 32.7Operating features
(1) General Requirements
32.1.1.4 Conversions. For the purposes of this chapter, exceptions for conversions shall apply only for a change of occupancy from an existing residential or health care occupancy to an adult foster care facility. A change of licensee does not change the status of an existing facility to "new" if the new license application is made not later than 60 days of the previous license expiration date and the license category has not been changed, except as provided in MCL 400.721. 32.1.3 Definitions. The following are terms used in this chapter:
(1) Personal care. See 3.3.181.
(2) Point of safety. See 3.3.186.
(3) Residential board and care facility means an adult foster facility licensed by the Michigan department of human services.
(4) Residential board and care occupancy means a building or portion thereof that is used for lodging and boarding of 7 to 20 residents for the purpose of providing personal care services. See R 400.18103 for definitions of small and large facilities.
(5) Residential board and care resident means a person who is receiving adult foster care and resides in an adult foster care facility.
(6) Staff (residential board and care). See 3.3.232.
(7) Thermal barrier. See 3.3.24.3.
(2) Small Facilities
32.2.1.1.1 Section 32.2applies to adult foster care facilities that provide adult foster care for small facilities that house 7 to 12 residents.
32.2.1.1.2 Where there are sleeping accommodations for 13 to 20 residents, the occupancy shall be classified as a large adult foster care facility in accordance with section 32.3.
32.2.1.2 Requirements based upon evacuation capabilities shall comply with "impractical," "prompt," and "slow," as defined in Rule 103 of these rules.
32.2.2.5.1 A door opening to a means of escape shall not be less than 32 inches (81 cm) clear width.
32.2.2.5.1.2 Deleted.
32.2.2.5.2 Means of escape doors shall be swinging.
32.2.2.5.5.1 Delayed-egress locks complying with 7.2.1.6.1 shall be permitted for exit doors only. 32.2.2.6.2 Deleted.
32.2.2.6.4 Exterior stairs used as a means of escape, that exceed a vertical distance from grade of more than 4 feet shall be enclosed and separated from the remainder of the facility with 1-hour rated fire barriers, with all openings equipped with smoke-actuated automatic-closing or self-closing doors having a fire protection rating comparable to that required for the enclosure. Unprotected openings within 10 feet of exterior stairs less than 4 feet above grade shall be prohibited. Stairs shall comply with 7.2.2.5.3. 32.2.3.1.2 Vertical openings shall be separated by smoke partitions in accordance with section 8.4that resist the passage of smoke from 1 story to another story.
32.2.3.1.5 Deleted.
32.2.3.2 Protection from hazards.

Hazardous Area Description Separation/Protection ____________

Boiler and fuel-fired heater rooms 1 hour Central/bulk laundries larger than 100 ft2 (9.3 m2) 1 hour paint shops employing hazardous substances and 1 hour materials in quantities less than those that would be classified as a severe hazard Physical plant maintenance shops 1 hour

Soiled linen rooms 1 hour

Storage rooms larger than 50 ft2 (4.6 m2), but not Smoke partition exceeding 100 ft2 (9.3 m2), storing combustible material

Trash collection rooms 1 hour

32.2.3.2.1 Deleted.
32.2.3.2.2 Deleted.
32.2.3.2.6 Oxygen storage

Oxygen used or stored in an adult foster care facility shall be in compliance with all of the following requirements:

(a) A separate room shall be provided for the storage of oxygen and that room shall not be used for other storage or for any other use.
(b) A room for the storage of oxygen shall be separated from the remainder of the building by a minimum of 1-hour fire-resistive rated construction.
(c) A storage room or manifold enclosure for oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity shall not be located below grade. The room shall have 1 wall which is an outside wall of the building and which has a window that is not less than 6 square feet in area, 1 square foot of which shall be a permanently open louver for ventilation.
(d) A provision shall be made for a rack or fastening to protect a cylinder from accidental damage or dislocation.
(e) If the manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the oxygen shall be located, installed, and maintained in compliance with the provisions of national fire protection association pamphlet no. 50, 1990 edition, bulk oxygen systems at consumers' sites, which is adopted by reference in R 400.18108.
(f) A 1-day supply of oxygen may be kept in the room where it is being used.
(g) Smoking shall be prohibited in any room or compartment where oxygen is used or stored. Such areas shall be posted with "no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high and 1/4 inch (.635 cm) wide stroke.
32.2.3.2.7 Garages shall be separated from the remainder of the facility by a minimum of 1-hour fire-resistive-rated construction with all openings protected by not less than a 1hour, B-labeled door and frame assembly.
32.2.3.4.3 Smoke detectors.
32.2.3.4.3.1 Approved smoke detectors shall be provided in accordance with 9.6.1.3.
32.2.3.4.3.2 Smoke detectors shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics.
32.2.3.4.3.3 Additional smoke detectors shall be installed in all living areas, as defined in 3.3.17.5.
32.2.3.4.3.4 Each sleeping room shall be provided with an approved smoke detector.
32.2.3.5.1 All facilities shall be protected throughout by an approved automatic sprinkler system, installed in accordance with 32.2.3.5.3, using quick-response or residential sprinklers.
32.2.3.5.2 Deleted.
32.2.5.2.4 Fireplaces are prohibited.

Exception #1: Sealed, properly vented, UL listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable. Exception #2: permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted.

32.2.5.2.5 Solid fuel-burning central heating appliances shall be in compliance with the provisions of sections 9.2.1 and 9.2.2 of the code, as amended in this part, and NFPA pamphlet # 211, which is adopted by reference in 2.1 of the code, as amended by R 400.18102.
(3) Large Facilities
32.3.1.1.1 Section 32.3applies to adult foster care facilities that provide adult foster care for large facilities that house 13 to 20 residents.
32.3.1.1.2 Where there are sleeping accommodations for 7 to 12 residents, the occupancy shall be classified as a small adult foster care facility in accordance with Section 32.2.
32.3.1.3 Minimum construction requirements. Building construction requirements are under the authority of the Michigan construction code, administered by the bureau of construction codes, as provided in amendments to section 2.1 of the code in R 400.18102. 32.3.2 Means of egress. 32.3.2.2.2 Doors. Doors in means of egress shall be as follows:
(1) Doors complying with 7.2.1 shall be permitted.
(2) Doors within individual rooms and suites of rooms may be swinging.
(3) Door, other than those meeting the requirement of 32.3.2.2.2(4) or (5) shall be not be equipped with a lock or latch that requires the use of a tool or key from the egress side.
(4) Delayed-egress locks in accordance with 7.2.1.6.1 shall be permitted, provided that not more than 1 device is located in any egress path.
(5) Access controlled egress doors in accordance with 7.2.1.6.2 shall be permitted, provided that not more than 1 device is located in any egress path.
(6) Doors located in the means of egress that are permitted to be locked under other provisions of chapter 32, other than those meeting the requirement of 32.3.2.2.2(4) or (5), shall have adequate provisions made for the rapid removal of occupants by means such as remote control of locks, keying of all locks to keys carried by staff at all times, or other such reliable means available to staff at all times.
(7) Only 1 such locking device, as described in 32.3.2.2.2(6) shall be permitted on each door.
32.3.2.2.10 Deleted.
32.3.2.11.2 Lockups are not permitted.
32.3.2.2.3.1 Exterior stairs used as a means of egress that exceed a vertical distance from grade of more than 4 feet shall be enclosed and separated from the remainder of the facility with 1-hour rated fire barriers, with all openings equipped with smoke-actuated automatic-closing or self-closing doors having a fire protection rating comparable to that required for the enclosure. Unprotected openings within 10 feet of exterior stairs less than 4 feet above grade shall be prohibited. Stairs shall comply with 7.2.2.5.3.
32.3.3.2.3 Oxygen storage.

Oxygen used or stored in an adult foster care facility shall be in compliance with all of the following requirements:

(a) A separate room shall be provided for the storage of oxygen and that room shall not be used for other storage or for any other use.
(b) A room for the storage of oxygen shall be separated from the remainder of the building by a minimum of 1-hour fire-resistive-rated construction.
(c) A storage room or manifold enclosure for oxygen that has more than a 1,500-cubic foot manifold or cylinder capacity shall not be located below grade. The room shall have 1 wall which is an outside wall of the building and which has a window that is not less than 6 square feet in area, 1 square foot of which shall be a permanently open louver for ventilation.
(d) A provision shall be made for a rack or fastening to protect a cylinder from accidental damage or dislocation.
(e) If the manifold or cylinder capacity of oxygen is more than 12,000 cubic feet, the oxygen shall be located, installed, and maintained in compliance with the provisions of national fire protection association pamphlet no. 50, 1990 edition, bulk oxygen systems at consumers' sites, adopted by reference in R 400.18108.
(f) A 1-day supply of oxygen may be kept in the room where it is being used.
(g) Smoking shall be prohibited in any room or compartment where oxygen is used or stored. Such areas shall be posted with "no smoking" signs. Sign letters shall be not less than 2 inches (5.08 cm) high and 1/4 inch (.635 cm) wide stroke.
32.3.3.2.4 Garages shall be separated from the remainder of the facility by a minimum of 1-hour fire-resistive-rated construction with all openings protected by not less than a 1hour, B-labeled door and frame assembly.
32.3.3.4.2 Initiation. The required fire alarm system shall be initiated by all of the following:
(1) Manual means in accordance with 9.6.2.
(2) Required automatic sprinkler system.
(3) Required detection system.
32.3.3.4.7 Delete.
32.3.3.4.8 Smoke detection systems.
32.3.3.4.8.1 Approved smoke detectors shall be provided in accordance with 9.6.1.3.
32.3.3.4.8.2 Smoke detectors shall be installed on all levels, including basements but excluding crawl spaces and unfinished attics.
32.3.3.4.8.3 Additional smoke detectors shall be installed in all living areas, as defined in 3.3.17.5.
32.3.3.4.8.4 Each sleeping room shall be provided with an approved smoke detector. 32.3.6.2.4 Fireplaces are prohibited.

Exception #1: Sealed, properly vented, UL listed open-flame appliances that are installed according to manufacturers specifications are permitted. Existing fireplaces in conversions shall be sealed off and made inoperable.

Exception #2: permanently installed UL listed electric fireplaces installed in accordance with manufacturers instructions are permitted.

32.3.6.2.5. Solid fuel-burning central heating appliances shall be in compliance with the provisions of sections 9.2.1 and 9.2.2 of the code, as amended in this part, and NFPA pamphlet # 211, which is adopted by reference in 2.1 of the code, as amended by R 400.18102.
(4) Apartments
32.4 An adult foster care facility shall not be located in, or be a part of, an apartment building.

32.4.1 to 32.4.3.3 Deleted.

(5) Miscellaneous requirements
32.5.1 Facilities housing persons who use wheelchairs shall be provided with ramps at the required means of egress.
(6) Basements
32.6.1. A basement shall not be used as a resident bedroom, unless it meets the definition of a "story above grade."
32.6.2 A basement that is used for resident activities shall have 2 remotely located means of escape separated by not less than 50% of the longest dimension of the floor, as practical. One of the means of escape shall exit directly to the outside at grade. The second means of escape may be the interior stairway that serves the first floor of the facility.
(7) Operating features
32.7.1.1 The administration of every adult foster care facility shall have in effect and available to all personnel, written copies of a plan for protecting all persons in the event of fire and for evacuating persons from the building to the designated point of safety. The plan shall include special staff response, including the fire protection procedures needed to ensure the safety of any resident, and shall be amended or revised whenever any resident with unusual needs is identified. All employees shall be periodically instructed and kept informed with respect to their duties and responsibilities under the plan, including the operation of fire alarm and other fire protection equipment. Such instruction shall be reviewed by the staff not less than every 2 months. A copy of the plan shall be readily available at all times within the facility. The evacuation plan shall include provisions to protect residents who are either permanently or temporarily incapable of self-preservation. The evacuation plan shall be evaluated annually to ensure that all information is current and correct.
32.7.1.1.1 The written fire safety plan shall provide for the following:
(a) Use of alarms.
(b) Transmission of alarm to fire department.
(c) Response to alarms.
(d) Isolation of fire.
(e) Evacuation of building.
(f) Closure of bedroom doors and corridor access doors upon exiting.
(g) Use of fire extinguishers.
32.7.1.2 The proper protection of adult foster care facility residents shall require the prompt and effective response of staff members. The basic response required of staff shall include the removal of all occupants directly involved with the fire emergency, transmission of an appropriate fire alarm signal to warn other building occupants and summon staff, confinement of the effects of the fire by closing doors to isolate the fire area, and evacuation of residents as detailed in the fire safety plan.
32.7.2.4 Deleted.
32.7.3.1 Emergency egress and relocation drills shall be conducted not less than once per quarter per scheduled shift; daytime, 7 a.m. to 3 p.m., evening, 3p.m. to 11 p.m., and night, 11 p.m. to 7 a.m.
32.7.3.5 Deleted.
32.7.3.6 Deleted.
32.7.4.1.1 Smoking regulations shall include the following:
(1) Smoking shall he prohibited in any room, compartment, or area where flammable or combustible liquids, combustible gases, or oxygen is used or stored and in any other hazardous location. Both of the following also shall apply:
(a) Signs shall be posted with signs that read "NO SMOKING" or bear the international symbol for no smoking. Sign letters shall be not less than 2 inches (5.08 cm) high and 1/4 inch (635 cm) wide stroke.
(b) In residential board and care facilities where smoking is totally prohibited and signs so indicating are placed at all major entrances, secondary signs with language that prohibits smoking are not required.
(2) Smoking by residents classified as not responsible with regard to their ability to safely use and dispose of smoking materials shall be prohibited, unless the resident is under direct supervision by staff or by a person approved by the administration. In such a case, smoking may be permitted.
(3) Smoking materials shall not be provided to residents nor maintained by residents without the approval of the administration.
(4) Areas where smoking is permitted shall be clearly identified.
(5) Ashtrays of noncombustible material shall be provided and required to be used in all areas where smoking is permitted.
(6) Self-closing cover devices into which ashtrays may be emptied shall be made available to all areas where smoking is permitted, and shall be required to be used.
32.7.4.3 Smoking shall be permitted in a designated location only. Smoking in resident or staff bedrooms or in stairwells, exit corridors, and fire escapes is prohibited. 32.7.5.1.1 These requirements are applicable only to new draperies, curtains, upholstered furniture, and mattresses. The term "new" means unused, normally via procurement from the marketplace, either by purchase or donation of items not previously used. If a facility purchases contract furniture, then such new, unused furniture, whether purchased or received as a donation, is regulated by section 32.7.5.2.
32.7.5.2.2 Upholstered furniture belonging to residents shall not be required to be tested, provided that a smoke alarm is installed in such rooms.
32.7.5.3 New mattresses within board and care homes shall be tested for rates of heat release in accordance with 10.3.4. Mattresses manufactured and sold within the UnitedStates shall pass testing per 16 CFR 1632 (FF4-72), "Standard for the Flammability of Mattresses and Mattress Pads."
32.7.5.3.2 Mattresses belonging to residents in sleeping rooms shall not be required to be tested, provided that a smoke alarm is installed in such rooms.
32.7.6 Staff shall be on duty and in the facility at all times when residents are present.

Mich. Admin. Code R. 400.18201

1994 AACS; 2012 AACS