Mo. Code Regs. tit. 9 § 40-1.090

Current through Register Vol. 49, No. 24, December 16, 2024

Section 9 CSR 40-1.090 - Fire Safety and Emergency Preparedness

PURPOSE: The rule prescribes fire safety and emergency preparedness requirements for all residential programs and day programs subject to licensure by the department in accordance with 9 CSR 40-1.055. This rule does not apply to Residential Care Facilities (RCF) and Assisted Living Facilities (ALF) dually licensed by the Department of Health and Senior Services (DHSS).

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) General Requirements. The program director shall ensure all local building codes, fire codes, and ordinances are followed and all hazard detection systems, alarm systems, and other safety equipment are maintained in proper operating condition. Practices shall be implemented to protect all individuals from fire, smoke, noxious fumes, and other safety hazards.

(A) Each residential program and day program shall be inspected at least annually by a Division of Fire Safety inspector. Initial and annual inspection reports must be maintained on site and be available for review by department staff and other authorized representatives.

(B) The 2018 regulations of the NFPA Life Safety Code 101 will prevail in the interpretation of these rules. The regulations are incorporated by reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, available at: www.nfpa.org. This rule does not incorporate any subsequent amendments or additions to the regulations listed above. This rule does not prohibit programs from complying with the regulations set forth in newer editions of the incorporated by reference material listed in this subsection of this rule.

(C) The program address must be posted on the outside of the building where it is plainly visible from the street with numbers/letters at least four inches (4") in height and contrasting color with the building.

(D) Evacuation routes, with diagrams giving clear directions on how to safely exit the building in a timely manner, must be posted in locations throughout the building that are easily accessible to individuals served, staff, and visitors.

(E) Staff shall demonstrate the knowledge and ability to implement the program's emergency preparedness and evacuation plans and be trained and demonstrate the ability to operate the fire alarm system, fire extinguishers, and other safety devices. Training must be documented in personnel records, including date(s) and signature of trainer(s).

(F) A fire drill shall be conducted at least one (1) time per quarter, with a minimum of one (1) annual drill during sleeping hours. All staff and individuals on each shift must participate in at least one (1) annual fire drill. All drills must comply with the specifications of the posted evacuation plan.

(G) In addition to fire drills, staff and individuals served shall participate in other emergency drills at least quarterly and as specified in the emergency policies and procedures.

1. Individuals who are unable to react to emergency situations in a safe and expedient manner must have the supports necessary to implement their individual emergency plan.

2. Each drill must be documented and reviewed by staff responsible for execution of the emergency practices. Documentation shall include, but is not limited to, number of staff and individuals present during the drill, success of the drill or problems encountered, length of the drill, and corrective action taken, including training and education of staff and individuals served, as necessary.

(H) Hangings or draperies shall not be placed over exit doors or located where they conceal or obscure any exit.

(I) Stairways, sidewalks, ramps, and porches shall be kept clear of ice, snow, and any other obstacles that may be a potential fall or tripping hazard.

(J) Fresh-cut Christmas trees shall not be used unless they are treated with a flame resistant material and documentation of such is maintained on site.

(K) Candles and other devices that have an open flame shall not be used indoors. Short-term, supervised use of candles for special occasions or dinners is permitted.

(L) A program served by a volunteer or membership fire department shall maintain documentation of a current contract or proof of membership on site.

(M) Staff shall notify the nearest fire department when the residential program or day program becomes operational and maintain the required signed documentation by the local authority (fire department notification form) on site.

(N) Clothes dryers shall be properly maintained and vented to the outside, or as recommended by the manufacturer.

(O) Smoking shall not be allowed inside the program. At the discretion of the program director, designated outdoor smoking areas may be provided away from doors and windows. Supervision must be maintained based upon individual needs as documented in the Individual Support Plan (ISP), Individual Treatment Plan (ITP), or care plan.

(2) Hazard Detection, Alarms, and Extinguishment. All smoke detectors, carbon monoxide detectors, alarm systems, sprinkler systems, and adaptive alarm systems must be installed and maintained in accordance with the 2018 NFPA Life Safety Code 101, incorporated by reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, available at: www.nfpa.org. Staff of the Division of Fire Safety may make additional requirements to provide adequate life safety protection if it is determined the safety of individuals is endangered. This rule does not incorporate any subsequent amendments or additions to the regulations listed above. This rule does not prohibit programs from complying with the regulations set forth in newer editions of the incorporated by reference material listed in this section.

(A) Fire detection and other emergency notification systems shall be maintained to sound an alarm that can be heard throughout the premises, above the noise of normal activities, radios, and televisions. Notification must be provided automatically without delay. Pre-signal systems are prohibited. Staff of the Division of Fire Safety may make additional requirements to provide adequate life safety protection if it is determined the safety of individuals is endangered.

1. Adaptive emergency alarm systems must be installed if individuals who are deaf are being served in the program.

(B) At least one (1) portable, five pound (5 lb.) ABC-rated fire extinguisher, with directions for use on the equipment, must be located on each floor of the building including in or near every kitchen, storage room, furnace area, and other mechanical equipment rooms. Additional fire extinguishers may be required by the local authority based on the floor plan and number of levels being used by individuals served so travel distance is no greater than seventy-five feet (75') between fire extinguishers.

1. All staff of the program must be knowledgeable on the location and use of the fire extinguisher(s).

2. Education provided to staff on the use of fire extinguishers must be documented and available on site, including date(s) and signature of trainer(s).

3. Fire extinguishers must be inspected and approved annually by a fire safety authority. Documentation of the inspection and approval, including date and signature of inspector, must be maintained on site.

(C) Programs serving four (4) or fewer individuals must have at least one (1) certified Underwriters' Laboratories, Inc. (UL) or Factory Mutual (FM) smoke detector on each floor in close proximity to bedrooms, hallways, living spaces, kitchen, storage rooms, offices, and any other areas deemed necessary by Division of Fire Safety staff.

1. If battery-powered smoke detectors are used, they must be tested monthly and batteries changed as needed. Documentation including the dates, testing, and changing of batteries must be maintained on site.

2. Smoke detectors that are ten (10) years old or older must be replaced with new smoke detectors of the same style. Date(s) of installation must be maintained on site.

(D) Programs serving five (5) or more individuals must have a full coverage electrical fire alarm system with battery backup, a master control panel, smoke detectors, heat sensors, and pull station. Horns and strobe lights connected to the fire alarm must be installed throughout the building(s). All equipment must be UL- or FM-certified and installed on a dedicated circuit in the breaker box.

1. The system must be tested, inspected, and approved semi-annually by an authorized inspector. A copy of the test report and approval of the system must be maintained on site.

2. Heat detectors shall be installed in all mechanical rooms, kitchens, and throughout the attic.

3. Smoke detectors that are connected to a fire alarm system must be replaced after ten (10) years of service or recalibrated by the manufacturer of the smoke detector. If the smoke detectors are recalibrated, temporary smoke detectors must be installed so the fire alarm system continues to function properly.

(E) In addition to having an electrical alarm system, programs serving five (5) or more individuals must have an automatic fire sprinkler system when any of the following conditions apply:

1. Individuals served use any floor above the second (2^nd) floor of the building;

2. Individuals who require mechanical or staff assistance to evacuate the building use any floor above or below the first (1^st) floor; or

3. Individuals use a floor below the level of exit discharge, such as a basement, which exceeds twelve hundred (1,200) square feet in total area.

A. The water supply for the sprinkler system may be a domestic water source, if the domestic water system is designed to adequately support the design flow of the largest number of sprinklers in any one area.

4. The automatic sprinkler system shall be installed and maintained in accordance with the 2019 NFPA Standards for Installation of Sprinkler Systems, NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555 incorporated by reference and available at: https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=13. This rule does not incorporate any subsequent amendments or additions to the standards listed above. This rule does not prohibit programs from complying with standards set forth in newer versions of the incorporated by reference material listed in this paragraph of this rule.

5. The sprinkler system shall be tested, inspected, and approved semi-annually by an authorized inspector. A copy of the test report and approval of the system shall be kept on file at the program for review by Division of Fire Safety staff, department staff, or other authorized representatives.

(F) Programs using a commercial stove, deep fryer, or two (2) home-type ranges placed side by side must be equipped with a range hood and extinguishing system with an automatic cutoff of the fuel supply and exhaust system in case of fire.

1. The hood and extinguishment system must be inspected by a qualified technician to ensure they are in good operating condition in accordance with the 2017 NFPA Standards for Ventilation Control and Fire Protection of Commercial Cooking Operations, incorporated by reference and available at NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, available at: https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=96. This rule does not incorporate any subsequent amendments or additions to the standards listed above. This rule does not prohibit programs from complying with standards set forth in newer versions of the incorporated by reference material listed in this paragraph of this rule.

2. The range hood and extinguishment system shall be connected to the control panel of the fire alarm system. The activation of the range hood fire extinguishment system must cause the fire alarm system to activate throughout the building.

3. Home-type ranges separated by an eighteen inch (18") cabinet are not required to have an extinguishing system installed above them. Programs using a home-type range with no more than four (4) burners and/or grill are not required to have a fire extinguishing system above the range.

(G) Programs that have an attached garage and/or use gas utilities, equipment, or appliances that pose a potential carbon monoxide risk, shall install carbon monoxide detectors on each level of the building according to the 2018 NFPA Life Safety Code 101 and the recommendation of the local authority. The regulations are incorporated by reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, and available at: www.nfpa.org. This rule does not incorporate any subsequent amendments or additions to the regulations listed above. This rule does not prohibit programs from complying with the regulations set forth in newer editions of the incorporated by reference material listed in this subsection of this rule.

1. If an elevated carbon monoxide level is detected in a program during a fire inspection, all gas-fired appliances must be checked by a heating and air conditioning company to identify the source of the carbon monoxide. Until program staff have documentation on file verifying all gas-fired appliances were checked by a heating and air conditioning company, are in safe working order, and the building(s) is determined safe by the local authority, the fire inspection will not be approved.

2. If a level of carbon monoxide is determined that endangers the lives of individuals, the local authority shall take measures necessary to ensure their safety which may include evacuating or closing the program. Program staff shall obtain and maintain documentation on site verifying all gas-fired appliances were checked by a heating and air conditioning company and are in safe working order. The program must be reinspected by the local authority and determined safe before individuals can return or the program can reopen.

(3) Means of Egress and Exits. Means of egress and exit from all buildings shall be maintained in accordance with the 2018 NFPA Life Safety Code 101. The regulations are incorporated by reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, available at: www.nfpa.org. This rule does not incorporate any subsequent amendments or additions to the regulations listed above. This rule does not prohibit programs from complying with the regulations set forth in newer editions of the incorporated by reference material listed in this section.

(A) All programs must meet the following requirements:

1. Each floor used by individuals served shall have at least two (2) remotely located means of exit. At least one (1) of these exits must lead directly outside at ground level, to an outside stairway, or to an enclosed stairway constructed of materials with at least a one-(1) hour fire resistance rating on each level and an exit leading directly outside;

2. Each exit door shall be at least thirty inches (30") wide in existing licensed buildings and at least thirty-six inches (36") wide in buildings constructed after the effective date of these licensing rules;

3. All means of egress shall be free of items that would obstruct the path of travel;

4. Doors that serve as a means of exit shall not be locked or blocked against egress travel when the building is occupied. Door locks requiring a key, tool, special code, or knowledge to unlock from the inside shall not be used;

5. Overhead garage doors shall not be considered as exit door-ways;

6. Mirrors shall not be placed on exit doors or adjacent to any exit in such a manner to confuse the direction of the exit;

7. All hallways must have a clear width of at least thirty-six inches (36") wide and be kept free of all articles that might impede an individual's evacuation from the building, including wheelchairs, walkers, or other support equipment;

8. Dead-end hallways cannot exceed twenty feet (20');

9. No primary means of escape or planned exit shall lead through a bathroom, storage room, furnace room, garage, or any other room deemed hazardous by the local authority;

10. All ramps must be accessible, safe, and installed in accordance with the 2010 Americans with Disabilities Act Standards for Accessible Design, established by the U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue N W, Washington DC 20530, (800)514-0301, incorporated by reference and available at: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm. This rule does not incorporate any subsequent amendments or additions to the standards listed above. This rule does not prohibit programs from complying with the standards set forth in newer editions of the incorporated by reference material listed in this paragraph of this rule; and

11. Programs that have stairs, including stairs used as a fire escape, shall meet the requirements of the 2010 Americans with Disabilities Act Standards for Accessible Design, established by the U.S. Department of Justice, Civil Rights Division, 950 Pennsylvania Avenue N W, Washington DC 20530, (800) 514-0301, incorporated by reference and available at: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm, the 2018 NFPA Life Safety Code 101, incorporated by reference and available from NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, available at: www.nfpa.org., and the local authority. This rule does not incorporate any subsequent amendments or additions to the standards listed above. This rule does not prohibit programs from complying with the standards set forth in newer editions of the incorporated by reference material listed in this paragraph of this rule.

(B) Programs serving five (5) or more individuals shall meet the following requirements for means of egress and exit:

1. All outside exit doors must swing in the direction of egress travel;

2. All exit doors must be clearly marked and illuminated; and

3. Emergency lighting with battery backup shall be installed to light all paths of egress travel. The location and number of emergency lights shall be determined by the local authority. Emergency lights shall be tested monthly with documentation maintained on site indicating which lights were tested, the date tested, and the name and signature of the staff performing the test.

(C) Each wing or hallway in programs serving ten (10) or more individuals must be separated into fire compartment areas by fire doors and walls having not less than a one- (1) hour rating. All fire doors shall be equipped with a door closer and may be held open at all times with an electrical magnetic switch that is interconnected to the fire alarm system.

(4) Appliances and Mechanical Equipment. All heating, cooling, ventilation system(s), other mechanical equipment, and appliances shall be installed and maintained in accordance with manufacturer's recommendations.

(A) Use of unvented fuel-fired room heaters, portable electric space heaters, and floor furnaces is not permitted.

(B) If wall heaters are used, they must be installed and approved by the local authority and include adequate guards.

(C) The home's primary heat source shall not be a fireplace.

1. Fireplaces used for decorative purposes shall be installed, operated, and maintained in a safe manner. The use of a wood- or gas-burning fireplace is permitted only if the fireplace is built of firebrick or metal, enclosed by masonry, has a metal or tempered glass screen, and is inspected and approved by a local authority with documentation maintained on site.

2. Fireplaces not in compliance with these requirements may be in the home if they are for decorative purposes only, or if they are equipped with decorative-type electric logs or other electric heaters which bear the UL label and are constructed of electrical components complying with and installed in compliance with the NFPA 2017 National Electrical Code, NFPA, 1 Batterymarch Park, Quincy, MA 02169-7471, (800) 344-3555, incorporated by reference and available at: https://www.nfpa.org/NEC/electrical-codes-and-standards. This rule does not incorporate any subsequent amendments or additions to the standards listed above. This rule does not prohibit programs from complying with the standards set forth in newer editions of the incorporated by reference material listed in this paragraph of this rule.

(D) If the building has elevator(s), the elevator(s) shall be inspected annually by a state-licensed inspector and have a state-issued operating permit from the Division of Fire Safety available for review.

(5) Protection. Smoke stop partition(s) in all programs must comply with the requirements of the Division of Fire Safety and the 2018 NFPA Life Safety Code 101, NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, incorporated by reference and available at: www.nfpa.org. This rule does not incorporate any subsequent amendments or additions to the regulations listed above. This rule does not prohibit programs from complying with the regulations set forth in newer editions of the incorporated by reference material listed in this section.

(6) Interior Finish. Interior finish in all programs must comply with requirements of the Division of Fire Safety and the 2018 NFPA Life Safety Code 101, NFPA, 1 Batterymarch Park, Quincy, MA 02169, (617) 770-3000 or 1-800-344-3555, incorporated by reference and available at: www.nfpa.org. This rule does not incorporate any subsequent amendments or additions to the regulations listed above. This rule does not prohibit programs from complying with the regulations set forth in newer editions of the incorporated by reference material listed in this section.

9 CSR 40-1.090

Adopted by Missouri Register November 16, 2020/Volume 45, Number 22, effective 12/31/2020