Header:
ALASKA ADMINISTRATIVE CODE
TITLE 7. HEALTH AND SOCIAL SERVICES
PART 1. ADMINISTRATION
CHAPTER 10. LICENSING, CERTIFICATION, AND APPROVALS
ARTICLE 4. ENVIRONMENTAL HEALTH AND SAFETY
Date:
08/31/2009
Document:
7 AAC 10.1010. Life and fire safety
(a) An entity listed in 7 AAC 10.1000(b) must comply with the applicable life and fire safety requirements of this section and any additional or more stringent applicable standards established by a municipality to which the state fire marshal has deferred building fire safety inspection and enforcement activities under 13 AAC 50.075(c).
(b) An entity must meet the requirements of (c) of this section if the entity provides
(1) 24-hour or nighttime care for six or more adults or children; in this paragraph, "nighttime care" means care between the hours of 10:00 p.m. and 6:00 a.m.; or
(2) less than 24-hour care for six or more children, including the caregiver's children who are under age 12 or of limited mobility.
(c) An entity described in (b) of this section must
(1) meet the standards for life and safety specified in 13 AAC 50 and 13 AAC 55; the entity shall keep any information required by those standards available for department inspection;
(2) obtain any applicable state or municipal building code approval; that approval must also be obtained before making a modification to a licensed entity if the modification is one that requires that approval; for purposes of this paragraph, a state building code approval is an approval required under 13 AAC 50.027 and 13 AAC 55; and
(3) obtain a fire safety inspection report from each state or municipal authority responsible for those inspections, and continue to obtain those reports every two years, or more often if required by the authority; the entity is responsible for any fee charged by the authority for each inspection.
(d) At the time of licensing, the department will inspect an entity licensed to provide care for five or fewer adults or children to determine if the entity meets the applicable requirements of this section. Based on the inspection, or if the department determines that it is necessary for purposes of public health, safety, or welfare, the department will request an advisory inspection report from one or more state or municipal building or fire safety authorities. The entity is responsible for any fee charged by the authority for each inspection.
(e) An entity must have a disaster preparedness and emergency evacuation plan that
(1) includes evacuation procedures that will ensure the complete evacuation of
(A) children in care, including children with limited mobility, within 150 seconds; or
(B) adults in care, including adults with limited mobility, as follows:
(i) if the entity does not have an automatic sprinkler system, the plan must ensure complete evacuation will be accomplished within three minutes;
(ii) if the entity has a central fire alarm system and an automatic retardant sprinkler system, the plan must ensure complete evacuation will be accomplished within 13 minutes;
(iii) if the entity has a central fire alarm system and an automatic suppressant sprinkler system, the plan must ensure evacuation will be accomplished as necessary under the circumstances;
(iv) if the entity has a central fire alarm system, and has a safe location that is remote or separated from the effects of any fire and to which the adults may be safely evacuated, the plan must ensure evacuation will be accomplished as required by the state or municipal fire safety authority responsible for inspecting the entity;
(2) describes in detail the procedures that will be followed for the complete evacuation of the entity, including specific procedures, as applicable, for
(A) children under 30 months of age;
(B) adults or children with limited mobility; and
(C) adults or children who otherwise may need assistance in an emergency, including an adult or child who is mentally, visually, or hearing impaired;
(3) includes procedures for other emergency situations or natural disasters that may affect the entity, including, as appropriate, tsunami, flooding, and earthquake emergencies;
(4) provides for drills to be conducted as required by (f) of this section;
(5) requires
(A) training of all employees in implementing the plan; and
(B) participation of all employees who are on duty during the scheduled drill; and
(6) for an assisted living home, provides that the procedures developed in the plan will be reviewed with each adult in care or that adult's representative before the adult begins to receive care.
(f) An entity shall conduct emergency evacuation drills as required in this subsection. Subject to (g)(6) and (7) of this section, a drill may be postponed or modified during severe weather. The entity shall conduct a drill at least
(1) once each month if the entity is
(A) licensed to provide care for children younger than age 12;
(B) a residential child care facility; or
(C) a maternity home; or
(2) once every three months if the entity is
(A) a foster home where children in care are age 12 or older and have been in care at the entity for at least three months; or
(B) an assisted living home, for each shift at the assisted living home; complete evacuation of the home must occur at least once each year for each shift unless the entity conducts evacuations as described under (e)(1)(B)(iii) or (iv) of this section and has an emergency evacuation plan approved by the state fire marshal or a municipality to which the fire marshal has deferred building fire safety inspection and enforcement activities.
(g) An entity shall make and retain a record of each required evacuation drill and make the record available to the department upon request. The record must include
(1) the date and time of the drill;
(2) the name of each employee on duty at the time of the drill;
(3) the name of each adult or child in care who was present at the time of the drill but did not participate in the drill, and the reason for nonparticipation;
(4) the amount of time required to complete the drill;
(5) a critique of the drill as described in (h) of this section; the requirement for including a critique does not apply to a foster home or foster group home, but the home shall include a brief evaluation of the evacuation;
(6) documentation of the reason for any postponement under (f) of this section, and the rescheduled date to conduct the postponed drill; and
(7) documentation of the reason for any modification under (f) of this section, and a description of the nature of the modification.
(h) The critique required by (g)(5) of this section must include
(1) a review of actions taken by each employee;
(2) a review of responses by adults or children in care during drill;
(3) an evaluation of whether existing policies were followed and, if not, an explanation of why a policy was not followed;
(4) an evaluation of whether the policies followed were effective and, if not, a description of how any policy will be revised for future drills;
(5) for any critique that indicates a drill was ineffective in any way, an identification of factors contributing to an ineffective drill; and
(6) any suggestions for improving future drills.
(i) If an emergency affects an entity, the entity shall notify the department by telephone, facsimile, or electronic mail no later than the following working day and shall, within five working days, submit a detailed written report to the department that includes the following:
(1) the date and time of the emergency;
(2) a description of the nature of the emergency;
(3) a description of how the evacuation was achieved, including the amount of time necessary to achieve evacuation;
(4) a critique of the evacuation that includes the information required under (h) of this section; except as provided in 7 AAC 10.1000(c), the requirement for including a critique does not apply to a foster home or foster group home, but the home shall include a brief evaluation of the evacuation;
(5) if the entity is a residential facility, and if the emergency rendered any part of the facility unsafe for occupancy, a description of how the entity will protect residents until the facility is safe for occupancy.
(j) In addition to the first aid kit required under 7 AAC 10.1075, an entity shall maintain one disaster kit that includes
(1) at least one flashlight and batteries;
(2) at least one battery-operated radio and batteries;
(3) potable water;
(4) nonperishable food; and
(5) blankets.
(k) An entity that uses oil, wood, natural gas, or propane as a heating or cooking fuel shall ensure that an operating carbon monoxide detector is installed within each sleeping area, or no more than three feet from the entrance to that area, and is regularly inspected, tested, and serviced. In addition, if the entity is in a multi-level facility, at least one operating carbon monoxide detector must be installed on each level.
( l ) An entity licensed to provide care for five or fewer adults or children shall ensure that
(1) the building occupied by the adults or children in care has at least two means of emergency escape that are remote from each other and that provide unobstructed access to the outside of the building; at least one means of emergency escape must be an exterior door; if one of the means of emergency escape is a window, the window must comply with the requirements of (3) of this subsection; an entity that is located in a single-family dwelling with only one exterior door may not provide care for more than five children, including children who are relatives of the administrator or foster parent unless the department approves an additional means of egress;
(2) the building occupied by the adults or children in care has at least one means of escape from any basement directly to the outside at or near ground level, if adults or children in care occupy the basement for any part of the day;
(3) unless prohibited by the state fire marshal for a window 20 feet or more above ground level, each bedroom has at least one fully-opening window that provides escape directly to the outside and that meets the following requirements:
(A) the finished sill height may not exceed
(i) 44 inches above the floor; the department will allow an entity to meet this requirement through the provision of a permanently installed step, the top of which is no more than 44 inches from the sill, if the step does not create a tripping hazard, block wheelchair access in the bedroom, or block a heating element; any request for a variance of the sill height requirement must be accompanied by written approval from the state fire marshal; or
(ii) 48 inches above the floor for a foster home or foster group home licensed under 7 AAC 50 on or before June 23, 2006, or an assisted living home licensed under 7 AAC 75 on or before June 23, 2006, if the home does not already meet the standard in (i) of this subparagraph; the home must meet the standard in (i) of this subparagraph if the bedroom is remodeled or a new bedroom is constructed;
(B) the net clear openable area must be a minimum of 5.7 square feet; for purposes of this subparagraph,
(i) the net clear openable height may not be less than 24 inches; if the height is 24 inches, the width may not be less than 34.25 inches; and
(ii) the net clear openable width may not be less than 20 inches; if the width is 20 inches, the height may not be less than 41.25 inches;
(4) a window screen is not used if it permanently prevents exit or if it cannot be easily removed for exit;
(5) the entity is free of any accumulation of combustible waste material and other fire hazards in or around the premises;
(6) at least one AC primary powered smoke detection device with battery backup, or at least one monitored battery powered smoke detection device, is located in each bedroom; in addition, if the entity is in a multi-level facility, at least one smoke detection device must be installed on each level; each device required under this paragraph must be less than 10 years old, or newer if necessary to comply with the manufacturer's recommended replacement date; in this paragraph, "AC" means alternating current;
(7) at least one fully charged 2A:10BC dry chemical fire extinguisher is strategically located on each level of the facility, and is installed, inspected, tested, and serviced according to the requirements of 13 AAC 50.025(47);
(8) any flammable or combustible liquid is stored in a container with a tight-fitting lid specifically designed for holding flammable or combustible liquids, and ensure that these liquids are kept out of the reach of children, or adults with impaired judgment; and
(9) each heating device meets the applicable requirements of 7 AAC 10.1015.
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