Section 33-03-35-07 - Fire safety1. Each facility must be constructed as a single-story facility with a minimum construction Type V (111), that is arranged, equipped, maintained, and operated to ensure the safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time necessary for escape from the structure in case of fire or other emergency. Walls and ceilings separating each dwelling unit must have a one-hour fire rating. Dwelling unit doors must be substantial doors, such as those of one and three-fourths inch thick, solid bonded wood-core construction or of other construction of equal or greater stability and fire integrity. These doors must be self-closing or automatic closing and must be provided with latches or other mechanisms suitable for keeping the doors closed.2. Every dwelling unit must have access to a primary and secondary means of escape located to provide a safe path of travel to the outside at grade level. Designated means of escape must be continuously maintained free of all obstructions.3. No doors in any means of escape may be locked against egress when the building is occupied.4. The facility shall provide an automatic fire alarm system with a means for manual activation. Occupant notification must be provided automatically and without delay. Private operating mode must be permitted to be used. This allows staff and other personnel required to evacuate patients to be notified. The notification must include means to readily identify the area or building in need of evacuation. Each sleeping room must be provided with an approved smoke alarm that is interconnected to the fire alarm system. The fire alarm system must be installed and tested in accordance with National Fire Protection Association 72, National Fire Alarm and Signaling Code, 2010 edition.5. The facility must be protected throughout by an approved automatic sprinkler system using quick-response, residential sprinklers or domestic sprinklers and must initiate the fire alarm system. All habitable areas, closets, roofed porches, roofed decks, and roofed balconies must be protected by the sprinkler system. An automatic sprinkler system with a minimum of a thirty-minute water supply must be permitted. The sprinkler system supervision must be in accordance with the type of sprinkler system that is installed and the testing for the system must be in accordance with National Fire Protection Association 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2011 edition. Attics used for storage or fuel-fired equipment must be protected with automatic sprinklers. Attics not used for storage or fuel-fired equipment must be provided with one of the following:a. Protected throughout by a heat detection system arranged to activate the building fire alarm system;b. Protected with automatic sprinkler system;c. Must be noncombustible construction; ord. Constructed of fire-retardant-treated wood.6. Any space where there is a storage or activity having fuel conditions exceeding those of a one- or two-family dwelling and that possesses the potential for a fully involved fire must have a one-hour fire resistance rating. These spaces must also be provided with an automatic fire detection system connected to the fire alarm system and the area must have automatic sprinkler protection.7. Interior wall and ceiling finish materials must be class A, class B, or class C.8. The facility shall maintain a written plan that specifies action and procedures for responding to emergency situations, such as fire; severe weather; loss of utility services, such as heat, water, sewer, or electricity; communicable disease outbreaks; or a missing individual. The plan must be developed with the assistance and advice of the local fire or rescue authority or any other appropriate resource. An accident or incident report must be maintained for at least one year. A copy of the plan must be readily available at all times.9. The emergency plan must be clearly communicated to all staff during orientation. Each staff must be knowledgeable of and must implement the emergency plan. The duties and responsibilities under the emergency plan must be reviewed by the staff not less than every twelve months. The emergency plan must include:a. Assignment of staff to specific tasks and responsibilities in case of an emergency situation;b. Instructions relating to the use of alarm systems and signals;c. Systems for notification of appropriate entities outside of the facility;d. Information on the location of emergency equipment in the facility;e. Specification of evacuation routes and procedures; andf. A requirement that emergency egress drills must be conducted not less than six times per year on a bimonthly basis, with not less than two drills conducted during the night when patients and families may be sleeping. These records must include dates, times, duration, names of staff participating, and a brief description of the drill, including the escape path used and evidence of simulation of a call to the fire department. The emergency drills must be permitted to be announced to the patients and families in advance. These emergency drills must be conducted without disturbing patients and families by choosing the location of the simulated emergency in advance and by closing the doors in the vicinity prior to initiation of the drill. The purpose of an emergency drill is to test the efficiency, knowledge, and response of staff in implementing the emergency plan. Its purpose is not to disturb or excite patients and their families. Patients and families are not required to actively participate in the drill.10. Portable fire extinguishers must be maintained in a fully charged and operable condition and must be kept in their designated locations at all times when they are not being used. Fire extinguishers must be installed so the maximum travel distance to an extinguisher is seventy-five feet and must be located along normal paths of travel, including exits from areas.11. A facility may be directed to remove or correct other hazardous conditions not covered in this chapter if the department considers the conditions to have the potential to cause injury or illness to the patients or staff.N.D. Admin Code 33-03-35-07
Adopted by Administrative Rules Supplement 2023-388, April 2023, effective 4/1/2023.General Authority: NDCC 23-17.7-03
Law Implemented: NDCC 23-17.7-03