W. Va. Code R. § 95-3-9

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 95-3-9 - Safety and Emergency Procedures

9.1. Policies and Procedures. Written policies and procedures shall be adopted specifying the facility's fire prevention regulations and practices. For purposes of clarification and identification these procedures and standards of fire prevention are divided into two classifications:

9.1.a. General requirements applicable to all occupancies covered by the State Fire Code; and

9.1.b. Specific detention and correctional occupancies.

9.2. General Requirements. The following includes the general requirements applicable to all occupancies covered by the State Fire Code.

9.2.1. Construction, Repair and Improvement Operations. Adequate escape facilities shall be maintained at all times in buildings under construction for the use of construction workers. Escape facilities shall consist of doors, walkways, stairs, ramps, fire escapes, ladders or other approved means or devices arranged in accordance with the general principles of the State Fire Code insofar as they can reasonably be applied to buildings under construction. Please refer to Standard on Building Construction and Demolition Operations, NFPA 241. Flammable or explosive substances or equipment for repairs or alterations may be introduced in a building of normally low or ordinary hazard classification while the building is occupied only if the conditions of use and safeguards provided are such a not to create any additional danger or handicap to egress beyond the normally permissible conditions in the building.

9.2.2. Reliability of Means of Egress. Every required exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full instant use in the case of fire or other emergency.

9.2.3. Furnishings and Decorations. Furnishings and decorations in the means of egress shall be subject to the following:

9.2.3.a. No furnishings, decorations, or other objects shall be so placed as to obstruct exits, access thereto, egress therefrom, or visibility thereof;

9.2.3.b. Hangings or draperies shall not be placed over exit doors or otherwise located as to conceal or obscure any exit. Mirrors shall not be placed in or adjacent to any exit in such a manner as to confuse the direction of exit; and

9.2.3.c. There shall be no obstruction by railing, barriers, or gates that divide the open space into sections appurtenant to individual rooms, apartments, or other uses. Where the authority having jurisdiction finds the required path of travel to be obstructed by furniture or other movable objects, he may require that railings or other permanent barriers be installed to protect the path of travel against encroachment.

9.2.4. Equipment Maintenance and Testing. Equipment maintenance and testing shall include the following:

9.2.4.a. Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door, and other item of equipment required by these standards shall be continuously maintained in proper operating condition;

9.2.4.b. Any equipment requiring test or periodic operation to assure its maintenance shall be tested or operated as specified elsewhere in these standards or as directed by the authority having jurisdiction;

9.2.4.c. Systems shall be under the supervision of a responsible person who shall cause proper tests to be made at specified intervals and has general charge of all alterations and additions;

9.2.4.d. Systems shall be tested at intervals recommended by the appropriate standards listed in the National Fire Protection Association (NFPA) Fire Code;

9.2.4.e. Automatic Sprinkler Systems. All automatic sprinkler systems required by these standards shall be continuously maintained in operating condition at all times, and such periodic inspections and tests shall be made as are necessary to assure proper maintenance; and

9.2.4.f. Alarm and Fire Detection Systems. Fire alarm signaling equipment shall be restored to service as promptly as possible after each test or alarm and shall be kept in normal condition for operation.

9.2.5. Furnishings, Decorations and Treated Finishes. Furnishings, decorations and treated finishes shall be subject to the following:

9.2.5.a. Draperies, curtains and other similar furnishings and decorations shall be flame resistant where required by the applicable provisions of the State Fire Code. The materials required herein are to be tested in accordance with Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701 shall comply with both the small and large-scale tests;

9.2.5.b. Furnishings or decorations of an explosive or highly flammable character shall not be used; and

9.2.5.c. Fire retardant paints or solutions shall be renewed at such intervals as necessary to maintain the necessary flame retardant properties.

9.2.6. Fire Exit Drills. Fire drills shall be subject to the following:

9.2.6.a. Fire exit drills conforming to the provisions of the State Fire Code shall be regularly conducted in occupancies where specified by the provisions of the Code;

9.2.6.b. Fire exit drills, where required by the authority having jurisdiction, shall be held with sufficient frequency to familiarize all occupants with the drill procedure and to have the conduct of the drill a matter of established routine;

9.2.6.c. Responsibility for the planning and conduct of drills shall be assigned only to competent persons qualified to exercise leadership;

9.2.6.d. In the conduct of drills emphasis shall be placed upon orderly evacuation under proper discipline rather than upon speed;

9.2.6.e. Drills shall include suitable procedures to make sure all persons in the building, or all persons subject to the drill, actually participate; and

9.2.6.f. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions prevalent in case of fire.

9.3. Detention and Correctional Occupancies. The following includes requirements specifically directed to detention and correctional occupancies.

9.3.1. Attendant, Evacuation Plan, Fire Exit Drills. Attendant, evacuation plan, and fire exit drills shall include the following:

9.3.1.a. Detention and Correctional facilities, or those portions of facilities having such occupancy, must be provided with 24-hour staffing on any floor level having residency and located within 100 feet (30.48m) of the accessway to any housing area. Under Use Conditions III, IV and V, as defined in the NFPA Life Safety Code for classification of correctional occupancies, audio monitoring shall be provided for every sleeping space;

9.3.1.b. The administration of every detention and correctional facility shall have in effect and provided to all supervisory personnel, written copies of a plan for the protection of all persons in the area in event of fire and for their evacuation to areas of refuge and from the building where necessary. All employees shall be periodically instructed and kept informed respecting their duties under the plan;

9.3.1.c. Books, clothing and other combustible personal property allowed in sleeping rooms shall be stored in closeable metal lockers or fire resistant containers; and

9.3.1.d. The amount of heat producing appliances (such as toasters, hot plates, etc.) and the overall use of electrical power within a sleeping room shall be controlled by facility administration.

9.3.2. Furnishings and Decorations. Furnishings and decorations shall be subjected to the following:

9.3.2.a. Furnishings and decorations in detention and correctional occupancies shall be in accordance with the provisions the NFPA Life Safety Code operating features;

9.3.2.b. Combustible decorations are prohibited in any detention or correctional occupancy unless flame retardant;

9.3.2.c. Wastebaskets and other waste containers shall be of noncombustible or other approved materials;

9.3.2.d. Furnishings, such as mattresses and upholstered or cushioned furniture shall not be of a highly flammable character; and

9.3.2.e. Window draperies, curtains for decoration or acoustical purposes and privacy curtains shall be noncombustible or rendered and maintained flame resistant as per Standard Method of Fire Tests for Flame Resistant Textiles and Films, NFPA 701.

9.3.3. Keys. All keys necessary for unlocking doors installed in means of egress shall be individually identified by both touch and sight.

9.3.4. Storage of Flammable, Toxic and Caustic Material. Written policy and procedure shall govern the storage and use of all flammable, toxic, and caustic material ensuring that inmates are never in possession of items such as lye, insecticide, anti-freeze and denatured alcohol, unless they are under constant supervision by qualified personnel. Such material shall be stored in secure areas that are inaccessible to inmates; a prescribed system shall be used to account for their distribution.

9.3.5. Fire and Safety Officer. An administrative staff member shall be appointed as Fire and Safety Officer. This officer shall be responsible for monthly inspection of the facility and development of Standing and Emergency Operating Procedures relating to fire and safety and for staff and safety training.

9.3.6. Inspection. Each facility shall be inspected at least annually by the State Fire Marshal's Office. Any violation noted shall be corrected immediately.

W. Va. Code R. § 95-3-9