Tenn. Comp. R. & Regs. 0940-05-04-.11

Current through June 10, 2024
Section 0940-05-04-.11 - RESIDENTIAL OCCUPANCIES

One- and two-family dwellings (three beds or fewer service recipient(s)who are unable to respond to an approved emergency signal, including voice prompt, and evacuate the facility without physical assistance, in three (3) minutes or less).

(1) Applicability: One-and two-family dwellings include buildings containing not more than two dwelling units in which each dwelling unit is occupied by members of a single family with not more than three unrelated service recipient(s) who are unable to respond to an approved emergency signal, including voice prompt, and evacuate the facility without physical assistance, in three (3) minutes or less. Examples of facilities required to meet one-and two-family dwelling occupancy with service recipient(s) unable to evacuate without physical assistance, in three (3) minutes or less are the following:
(a) Mental Retardation Residential Habilitation Facility
(b) Mental Health Supportive Living Facility
(c) Mental Health Residential Treatment Facility
(2) Physical Assistance: Includes, but is not limited to, staff leading the service recipient by hand, guiding a service recipient, and helping a service recipient transfer to a wheelchair.
(3) Criteria: For the purpose of Life Safety, facilities accommodating service recipient(s) unable to evacuate without physical assistance, in three (3) minutes or less and are required to meet one-and two-family dwelling occupancies must comply with the following:
(a) Applicable standards of the Life Safety Code of the National Fire Protection Association, or equivalent standards hereafter adopted by the Office of the State Fire Marshal
(b) The following additional standards:
1. All staff should be able to assist each service recipient in evacuation from the facility. This may be accomplished, for example, by assigning responsibility for a particular service recipient(s) to a particular staff member, especially where the service recipient(s) needs complete physical assistance to evacuate. Service recipient(s) who use a wheelchair for evacuation purposes need not be assigned a specific staff person to assist them as long as they are able to transfer from a fixed position to the wheelchair without physical assistance, and evacuate the facility in three (3) minutes or less.
2. Evacuation procedures shall be sufficient so that it is not necessary for a staff person to re-enter the building after once leaving.
3. A risk assessment must be completed for each service recipient admitted to the facility within five (5) calendar days of admission to the facility on a form prepared by the Department.
4. If the risk assessment indicates that the service recipient is able to evacuate without physical assistance within three (3) minutes or less, then it is not necessary to assign a specific staff person to assist the service recipient in evacuating.
5. If the risk assessment indicates that the service recipient is not able to evacuate without physical assistance within three (3) minutes or less, then a specific staff person must be assigned to assist the service recipient(s) in evacuating. Such staff assignment is required at all times that the service recipient(s) is inside the facility.
6. The risk assessment must be repeated when the service recipient(s)'s circumstances change.
7. Staff assigned to service recipient(s)s needing assistance must be trained in evacuation procedures specific to the service recipient(s) being assisted.
8. Ambulatory service recipient(s) who cannot evacuate independently within three (3) minutes must receive training needed to improve his ability to evacuate the facility more independently. Those service recipient(s) with a documented inability to respond to training need not receive this training.
9. Provide at least two hundred (200) square feet, gross, of occupiable space per service recipient,
10. Provide at least:
(i) eighty (80) square feet per service recipient bedroom space for single occupancy, or
(ii) sixty (60) square feet per service recipient bedroom space for multiple occupancy,
11. Maintain proper storage and safeguards for all flammable materials,
12. Not use unvented gas heaters or portable electric heaters,
13. Use extension cords only on a limited basis and under the conditions acceptable to the Office of Licensure of the Department; and
14. Provide a smoke detector in each bedroom occupied by the service recipient, in the living rooms, and in other such rooms or areas as the Office of Licensure may require. Smoke detectors must be hardwired into the facility's electrical system.
15. Provide operable, type 2A-10B, C, multipurpose fire extinguishers in a fixed location and readily accessible for use in the facility, and document that all fire extinguishers are properly maintained and serviced.
16. Identify areas where smoking is permitted; smoking in bedrooms must not be allowed.
17. Not allow service recipient(s) unable to evacuate without assistance above or below the ground floor.
18. Document fire-safety drills which must be conducted:
(i) monthly at unexpected times and under varying conditions, and ensuring each shift holds one (1) per quarter;
(ii) under direct staff supervision,

Tenn. Comp. R. & Regs. 0940-05-04-.11

Original rule filed March 1, 2002; effective May 15, 2002.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302, and 33-1-305.