DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                    DIVISION OF CHILD WELFARE LICENSING

                         CHILD CARING INSTITUTIONS


(By authority conferred on the department of social services by section  2
of Act No. 116 of the Public Acts of 1973, as amended, being  S722.112  of
the Michigan Compiled Laws)


                        PART 1. GENERAL PROVISIONS


R  400.4101   Definitions.
  Rule 101. As used in these rules:
  (a) "Behavior management room" means a room or  area  approved  for  the
confinement or retention of a resident.  The  door  to  the  room  may  be
equipped with a security locking device which operates by means of  a  key
or is electrically operated and which has a  key  override  and  emergency
electrical backup in case of a power failure.
  (b) "Case record" means the  individual  file  kept  by  an  institution
concerning a child who has been placed at the institution.
  (c) "Chief administrator" means the person designated by the licensee as
having the day-to-day responsibility for the overall administration  of  a
child caring institution and for assuring the care, safety, and protection
of residents.
  (d)   "Child   caring   institution,"   hereinafter   referred   to   as
"institution," means an institution as defined in section 1 of Act No. 116
of the Public Acts of 1973, as amended, being  S722.111  of  the  Michigan
Compiled Laws.
  (e) "Child placing agency" means an agency as defined in  section  1  of
Act No. 116 of the Public Acts of 1973, as amended, being S722.111 of  the
Michigan Compiled Laws.
  (f) "Department" means the Michigan department of social services.
  (g) "Developmentally disabled" means an individual who has an impairment
of general intellectual functioning or adaptive behavior which  meets  the
following criteria:
  (i) It originated before the person became 18 years of age.
  (ii) It has continued since  its  origination  or  can  be  expected  to
continue indefinitely.
  (iii) It constitutes a  substantial  burden  to  the  impaired  person's
ability to perform normally in society.
  (iv) It is attributable to 1 or more of the following:
  (A) Mental retardation, cerebral palsy, epilepsy, or autism.
  (B) Any other condition of a person  found  to  be  closely  related  to
mental retardation because it produces a similar  impairment  or  requires
treatment and services similar to those  required  for  a  person  who  is
mentally retarded.
  (C) Dyslexia resulting from a condition described in subparagraph (A) or
(B) of this paragraph.
  (h) "Direct care worker" means a person who  provides  direct  care  and
supervision of children in an institution.
  (i)  "License"  means  a  license  issued  by  the   department   to   a
nongovernmentally operated institution or a certificate of approval issued
by the department to a governmentally operated institution indicating that
the institution is in compliance with these rules.
  (j)  "Licensee"  means  the  agency,  association,  corporation,   firm,
organization, person, partnership, department, or  agency  of  the  state,
county, city, or  other  political  subdivision  which  has  submitted  an
original application for licensure  or  approval  or  has  been  issued  a
license or certificate of approval to operate a child caring  institution.
  (k)  "Licensing  authority"  means  the  administrative  unit   of   the
department which has the responsibility for making licensing and  approval
recommendations for an institution.
  (l) "Medication" means prescription and nonprescription medicines.
  (m)  "Mentally  retarded"   means   significantly   subaverage   general
intellectual functioning which originates during the developmental  period
and is associated with impairment in adaptive behavior.
  (n) "Open institution" means an  institution  or  facility,  or  portion
thereof, which is used to house residents and which is not locked  against
egress, except for an approved behavior management room.
  (o)  "Parent"  means  biological   parent,   including   custodial   and
noncustodial parent, adoptive parent, or guardian.
  (p) "Protection" means the continual responsibility of the  licensee  to
take reasonable action to insure the health, safety, and well-being  of  a
resident while under the supervision  of  the  licensee  or  an  agent  or
employee  of  the  licensee,  including  protection  from  physical  harm,
humiliation, intimidation, and  social,  moral,  financial,  and  personal
exploitation while on the premises.
  (q) "Resident" means a child who  is  admitted  to  and  resides  in  an
institution.
  (r) "Residential  treatment  institution"  means  an  institution  whose
primary purpose and function is to provide habilitative or  rehabilitative
services.
  (s) "Secure institution"  means  an  institution  facility,  or  portion
thereof, other than a behavior management room, used to  retain  residents
in custody. Outside doors and individual sleeping rooms usually have locks
preventing egress from the building.
  (t)  "Short-term  institution"  means  an  institution  which  primarily
provides care for  residents  pending  court  action  or  other  placement
planning   as   opposed   to   primarily   providing   rehabilitative   or
rehabilitative services.
  (u) "Social service supervisor" means a person who supervises  a  social
service worker.
  (v) "Social service worker" means  a  person  who  works  directly  with
residents, their families, and  other  relevant  individuals  and  who  is
primarily responsible for the development, implementation, and  review  of
service plans for the resident. This definition shall not  be  interpreted
to prevent a team approach to service plan development and implementation.
  (w) "Terms of license" or "terms of approval" means  those  designations
noted on an institution's license or certificate of approval for which the
institution is authorized  or  approved.  Such  designations  include  the
following:
  (i) Short-term institution.
  (ii) Residential treatment institution.
  (iii) Secure institution.
  (iv) Open institution.
  (v) Age of children to be accepted for care.
  (vi) Sex of children to be accepted for care.
  (vii) Number of children to be accepted for care.
  (viii) Effective and expiration dates.

  History:  1983 AACS.


R  400.4104   Rules compliance.
  Rule 104. Before being licensed as an institution, an original applicant
shall comply with the rules for the  type  of  institution  the  applicant
proposes to operate and for which compliance  can  be  achieved  prior  to
beginning operation and shall demonstrate  intent  to  comply  with  those
rules for which compliance can only be demonstrated after the  institution
has become fully operational.

  History:  1983 AACS.


R  400.4105   Rule exemption.
  Rule 105. (1) Upon written request of  an  applicant  or  licensee,  the
department may grant an exemption from an administrative rule if there  is
clear and convincing evidence that the alternative to  the  rule  complies
with the intent of the administrative rule from which exemption is sought.
  (2) The decision of the department, including  the  qualification  under
which the exemption is granted, shall be entered upon the records  of  the
department and a signed copy shall be sent to the applicant  or  licensee.
This exemption may remain in effect for as long as the licensee  continues
to comply with the intent of the rule or may be time limited.

  History:  1983 AACS.


R  400.4106   Original licensure; application.
  Rule 106. An applicant applying for an original  license  shall  provide
all of the following:
  (a) Evidence of need for the type of program the institution proposes to
provide.
  (b) Evidence  of  sufficient  financial  resources  to  meet  applicable
licensing rules following the issuance of the initial license.
  (c)  A  plan  of  financial  accounting  developed  in  accordance  with
generally accepted accounting practices.

  History:  1983 AACS.


R  400.4108   Financing and audit.
  Rule 108. A licensee shall do both of the following:
  (a) Annually develop a plan of financing to carry out the  institution's
programs to assure that proper care of  residents  is  provided  and  that
licensing rules are followed. The budget shall  include  projected  income
and expenditures.
  (b)  Obtain  an  audit   of   all   financial   accounts.   Audits   for
nongovernmental institutions shall be conducted annually by an independent
certified public accountant who is not  administratively  related  to  the
agency.

  History:  1983 AACS.


R  400.4109   Program statement.
  Rule 109. (1) An  institution  shall  have  a  current  written  program
statement which specifically addresses all of the following:
  (a) The types of children to be admitted for care.
  (b) The services provided to  residents  and  parents  directly  by  the
institution and the services provided by outside resources.
  (c) Policies and procedures pertaining to admission, care, and discharge
of residents.
  (2) The program statement shall be made available to residents, parents,
and referral sources.

  History:  1983 AACS.


R  400.4111   Job description.
  Rule 111. There shall be a job description for each staff position which
identifies rules, required qualifications, and lines of authority.

  History:  1983 AACS.


R  400.4112   Staff qualifications.
  Rule 112. A person with ongoing duties shall be of good moral character,
emotionally stable, and of sufficient  health,  ability,  experience,  and
education to perform the duties assigned.

  History:  1983 AACS.


R  400.4113   Employee records.
  Rule 113. Employee records shall be maintained  for  each  employee  and
shall include all of the following information:
  (a) Name.
  (b) Verification of education where minimum education  requirements  are
specified by rule.
  (c) Work history.
  (d) Three references which are obtained prior to employment from persons
unrelated to the employee.
  (e) A record of any convictions other than minor traffic violations.
  (f)  A  written  evaluation  of  the  employee's  performance  within  a
probationary period.
  (g) Verification of health where specified by rule.

  History:  1983 AACS.


R  400.4114   Tuberculosis screening for employees and volunteers.
  Rule 114. The licensee shall document that each employee  and  volunteer
who has contact with residents 4 or more hours per week for  more  than  2
consecutive weeks is free from  communicable  tuberculosis.  Freedom  from
communicable tuberculosis shall  be  verified  within  the  3-year  period
before employment and shall be verified  every  3  years  after  the  last
verification.

  History:  1983 AACS.


R  400.4116   Employees; qualifications.
  Rule 116. An employee who is in a position and who  was  approved  under
the rules that these rules supersedes is deemed to be qualified  for  that
position at the institution. A person appointed to a position after  these
rules become effective shall meet the qualifications of  these  rules  for
that position.

  History:  1983 AACS.


R  400.4117   Chief administrator; qualifications.
  Rule 117. A chief administrator,  at  the  time  of  appointment,  shall
possess 1 of the following:
  (a) A master's degree in social work,  sociology,  psychology,  guidance
and counseling, education, business administration, criminal  justice,  or
public administration  and  2  years  of  experience  in  a  child  caring
institution or child placing agency.
  (b) A  bachelor's  degree  with  a  major  in  social  work,  sociology,
psychology, criminal justice, guidance and counseling, education, business
administration, or public administration and 4  years  of  post-bachelor's
degree experience in a child caring institution or child  placing  agency.

  History:  1983 AACS.


R  400.4118   Social service supervisor; qualifications.
  Rule 118. A social service supervisor, at the time of appointment to the
position, shall possess 1 of the following:
  (a) A master's degree in social work and  1  year  of  experience  as  a
social service worker.
  (b) A master's degree in sociology,  psychology,  criminal  justice,  or
guidance and counseling and 2 years of  experience  as  a  social  service
worker.
  (c) A bachelor's degree in sociology, psychology, social work,  criminal
justice, or guidance and counseling and 4 years of experience as a  social
service worker in a child care organization. Two years of the 4  years  of
experience shall be in a child caring institution.

  History:  1983 AACS.


R  400.4119   Social service worker; qualifications.
  Rule 119. A social service worker, at the time  of  appointment  to  the
position, shall possess a bachelor's  degree  with  a  major  in  criminal
justice, sociology, psychology, social work, or guidance  and  counseling.

  History:  1983 AACS.


R  400.4120   Supervisor of direct care workers; qualifications.
  Rule 120. A supervisor of direct  care  workers  shall  have  1  of  the
following:
  (a) A bachelor's degree and 2 years of work experience in a child caring
institution.
  (b) Two years of college and 3 years  of  work  experience  in  a  child
caring institution.
  (c) A high school diploma and 4 years of  work  experience  in  a  child
caring institution.

  History:  1983 AACS.


R  400.4121   Direct care worker; qualifications.
  Rule 121. A direct care worker shall have completed high school.

  History:  1983 AACS.


R  400.4126   Sufficiency of staff.
  Rule  126.  (1)  The  licensee  shall  have  a  sufficient   number   of
administrative, supervisory, social service, direct care, and other  staff
to perform the prescribed functions required by these administrative rules
and to provide for the needs, protection, and supervision of residents.
  (2) One direct care worker shall be responsible for  not  more  than  10
residents at one time during residents' normal awake hours  and  not  more
than 20 residents at one time during the residents' normal sleeping hours.

  History:  1983 AACS.


R  400.4127   Staff-to-resident ratio.
  Rule 127. (1) The  licensee  shall  develop  and  adhere  to  a  written
staff-to-resident ratio formula for direct care workers.
  (2) The ratio formula for direct care workers shall correspond with  the
institution's purpose and the needs of the residents and shall assure  the
continual  safety,  protection,  and  direct  care  and   supervision   of
residents.
  (3) The ratio formula used shall not be less than the number of  workers
required by R 400.4126(2).

  History:  1983 AACS.


R  400.4128   Initial staff orientation and ongoing staff training.
  Rule 128. (1) The licensee shall provide an orientation program for  new
employees. The orientation shall include the following:
  (a) The  institution's  purpose,  policies,  and  procedures,  including
discipline, crisis  intervention  techniques,  and  emergency  and  safety
procedures.
  (b) The role of the staff members as related  to  service  delivery  and
protection of the children.
  (2) There shall be a written plan of ongoing staff training  related  to
individual job functions and the institution's program.
  (3)  The  licensee  shall  document  that  each   direct   care   worker
participated in a minimum of 50 clock hours of planned training within the
first year of employment and a minimum  of  25  clock  hours  of  training
annually thereafter.
  (4) Training opportunities shall include all of the following:
  (a) Developmental needs of children.
  (b) Child management techniques.
  (c) Basic group dynamics.
  (d) Appropriate discipline,  crisis  intervention,  and  child  handling
techniques.
  (e) The direct care worker's and the social service  worker's  roles  in
the institution.
  (f) Interpersonal communication.
  (g) Proper and safe methods and techniques of restraint.
  (h) First aid.

  History:  1983 AACS.


R  400.4130   Privacy and confidentiality.
  Rule 130. (1) An institution shall assure resident  and  parent  privacy
and confidentiality and shall protect residents from exploitation.
  (2) A resident's identity  may  be  disclosed  for  public  purposes  or
publicity only after both of the following criteria are met:
  (a) The parent has consented.
  (b) The resident has consented if the resident is capable of consent.

  History:  1983 AACS.


R  400.4131   Compliance with child protection law;  development  of  plan
  required.
  Rule 131. The licensee shall develop and implement  a  written  plan  to
assure compliance with the provisions of Act No. 238 of the Public Acts of
1975, as amended, being S722.621 et seq. of the  Michigan  Compiled  Laws,
and known as the child protection law.

  History:  1983 AACS.


R  400.4132   Grievance procedures.
  Rule 132. An institution shall develop and follow written procedures for
redressing concerns, disagreements, complaints, and grievances of  parents
and residents.

  History:  1983 AACS.


R  400.4133   Institutional care for children under 6 years of age.
  Rule 133. A  child  under  6  years  of  age  shall  not  remain  in  an
institution for more than 30 days, unless this stay is documented to be in
the best interest of the child.

  History:  1983 AACS.


R  400.4134   Case record maintenance.
  Rule 134. (1) A case record shall be maintained for each resident.
  (2) Service plans  and  narrative  entries  shall  be  dated  and  shall
identify the individual making the entries.
  (3) Records shall be maintained in a uniform and organized manner, shall
be protected against destruction and damage, and  shall  be  stored  in  a
manner that safeguards confidentiality.

  History:  1983 AACS.


R  400.4137   Discipline and behavior management.
  Rule 137. (1) An institution shall establish and follow written policies
and procedures regarding discipline and behavior management. Upon request,
these shall be available to all residents, their families,  and  referring
agencies. Staff shall receive a copy of these policies and procedures  and
shall comply with them.
  (2) An institution shall  prohibit  all  cruel  and  severe  discipline,
including any of the following:
  (a) Any type of severe physical discipline inflicted in any manner.
  (b)  Group  discipline  for  misbehavior  of  individuals,   except   in
accordance with the institution's discipline policy.
  (c) Verbal abuse, ridicule, or humiliation.
  (d) Denial of any essential program services.
  (e) Withholding of any meal.
  (f) Denial of visits or communications with family.
  (g) Denial of opportunity for at least 8 hours of  sleep  in  a  24-hour
period.
  (h) Denial of shelter, clothing, or essential personal needs.
  (i) Excessive chemical, mechanical, or physical restraint.
  (3) Residents shall not be  permitted  to  discipline  other  residents,
except as part of an organized therapeutic self-governing program that  is
conducted in accordance with written policy and is supervised directly  by
designated staff.

  History:  1983 AACS.


R  400.4138   Religious policy and practices.
  Rule 138. (1) Each resident shall not be prohibited  from  participating
in religious activities and services in accordance with the resident's own
faith and parental direction.
  (2) An institution shall  establish  and  follow  written  policies  for
religious participation and training of residents. The  institution  shall
provide the policy to parents and referral sources upon request.

  History:  1983 AACS.


R  400.4141   Initial documentation.
  Rule 141.  Upon  admission,  all  of  the  following  shall  be  in  the
resident's case record.
  (a) Name, address, birthdate, sex, race, height, weight, hair color, eye
color, identifying marks, religious preference, and school status.
  (b) A brief description of the resident's preparation for placement  and
general physical and emotional state at the time of admission.
  (c) Name, address, and marital status of parents and name and address of
legal guardian, if known.
  (d) Date of admission and legal status.
  (e) Documentation of legal right to provide care.
  (f) Authorization to provide medical,  dental,  and  surgical  care  and
treatment as provided in section 14a(1), (2), and (3) of  Act  No. 116  of
the Public Acts of 1973, as amended, being S722.124a(1), (2), and  (3)  of
the Michigan Compiled Laws.
  (g) A brief description of the circumstances leading  to  the  need  for
care.

  History:  1983 AACS.


R  400.4142   Resident and parent visitation.
  Rule 142. An institution shall make provisions for visits  between  each
resident and the resident's parents, except  where  parental  rights  have
been terminated or  the  resident's  record  contains  documentation  that
visitation is detrimental to the resident.

  History:  1983 AACS.


R  400.4143   Written procedures for institution's serving developmentally
  disabled.
  Rule 143. An institution  providing  care  to  developmentally  disabled
residents shall require direct care workers to follow  written  procedures
for bathing, feeding, toilet training, and daily activities of  residents.

  History:  1983 AACS.


R  400.4144   Education.
  Rule 144. (1) An institution shall not admit a child for care unless  an
appropriate educational program can be provided.
  (2) Provision shall be made for  an  appropriate  education  program  in
accordance with Act No. 451 of the Public Acts of 1976, as amended,  being
S380.1 et seq. of the Michigan Compiled Laws, and known as the school code
of 1976, not later than 5 school days  after  admission  and  continuously
thereafter for each resident of school age.

  History:  1983 AACS.


R  400.4145   Mail.
  Rule 145. Residents  shall  be  permitted  to  send  and  receive  mail.
Residents' letters shall not be read by staff, except where there is clear
and convincing evidence to justify such  actions.  If  a  letter  requires
staff reading, the resident shall be present when the  letter  is  opened.
Packages are exempted from the prohibition against inspection.

  History:  1983 AACS.


R  400.4146   Personal possessions and money.
  Rule 146. (1) Provision shall be made to safeguard  residents'  personal
possessions and money.
  (2) A resident's possessions and money held by  the  licensee  shall  be
accurately accounted for and returned to the  resident  or  guardian  upon
discharge.
  (3) Accessible storage space shall be provided for personal possessions.

  History:  1983 AACS.


R  400.4147   Clothing.
  Rule 147. Each resident shall have sufficient clean,  properly  fitting,
seasonal clothing.

  History:  1983 AACS.


R  400.4148   Resident work experience.
  Rule 148. Work experiences for a resident shall be  appropriate  to  the
age, health, and abilities of the resident.

  History:  1983 AACS.


R  400.4150   Behavior management rooms; department approval required.
  Rule 150. (1) Prior to  establishing  a  behavior  management  room,  an
institution shall have written  approval  from  the  department  licensing
authority.
  (2) A behavior  management  room  established  and  approved  after  the
effective date of these rules shall be equipped with  a  2-way  monitoring
device. The device shall be  on  and  monitored  by  an  employee  when  a
resident is in the room.
  (3) A behavior management room shall be constructed and located so as to
allow for both visual and auditory supervision of a resident.
  (4) The room shall be constructed and equipped so as to minimize suicide
risk. Break-resistant glass and security screening shall be provided.  The
room shall have adequate lighting.
  (5) The dimensions of the room shall not be less than 48 square feet for
those behavior management rooms constructed after the  effective  date  of
these rules.
  (6) In a secure facility, when a resident is confined to  a  room  other
than at normal sleeping times, the confining of the resident shall only be
for behavior management purposes.

  History:  1983 AACS.


R  400.4152   Behavior management rooms; policies and procedures.
  Rule 152. An institution approved to  use  a  behavior  management  room
shall establish and follow written policies and procedures specifying  its
use. The policy  shall  include,  at  a  minimum,  all  of  the  following
provisions:
  (a) The room may only be used if a resident is out of control and is  in
danger of harming himself or herself or others.
  (b) The room shall be used only  for  the  time  needed  to  change  the
behavior compelling its use.
  (c) Not more than 1 resident shall be placed in a room at one time.
  (d) Staff shall observe the resident at intervals of 15 minutes or  less
and shall record the observation in a behavior management log.
  (e) The log shall include all of the following information:
  (i) The name of the resident.
  (ii) Time of each placement.
  (iii) Name of staff person responsible for placement.
  (iv) Description of specific behavior requiring use of the room.
  (v) Time of each removal from the room.
  (f) For each instance in which a resident remains in the room  for  more
than 2 hours, the log shall also contain hourly supervisory  approval  and
the reasons for continued use.
  (g) When the behavior management room is used for  more  than  3  hours,
there shall be administrative review above the level of the supervisor who
approved the extended use. This review shall be completed  and  documented
within 48 hours.

  History:  1983 AACS.


R  400.4160   Health services; policies and procedures.
  Rule 160. An institution  shall  establish  and  follow  written  health
service policies and procedures addressing all of the following:
  (a) Routine and emergency medical and dental care.
  (b) Health screening procedures.
  (c) Maintenance of health records.
  (d) Storage of medications.
  (e) Dispensing medication.
  (f) Personnel authorized to dispense medications.

  History:  1983 AACS.


R  400.4161   Medical treatment; supervision.
  Rule 161. Medical treatment shall be under the supervision of a licensed
physician.

  History:  1983 AACS.


R  400.4163   Periodic physical examinations.
  Rule 163. An institution shall provide and  document  periodic  physical
examinations for each resident as follows,  unless  greater  frequency  is
medically indicated:
  (a) Every 3 months for residents under 1 year of age.
  (b) Once a year for residents over 1 year of age and under  6  years  of
age.
  (c) Once every 2 years for residents 6 years of age and over.

  History:  1983 AACS.


R  400.4167   Reporting hospitalization or death of a resident.
  Rule 167. (1) Any serious injury or illness requiring hospitalization of
a resident shall be reported  to  the  parent  and  responsible  referring
agency as soon as possible, but not more than 24 hours later.
  (2) The death of a resident shall be reported immediately to the parents
or next of kin, the licensing authority, and the referring agency.

  History:  1983 AACS.


R  400.4168   Personal hygiene.
  Rule 168. An institution shall assure that each  resident  maintains  or
receives  personal  care,  hygiene,  and  grooming  appropriate   to   the
resident's age, sex, race, cultural background, and health needs.

  History:  1983 AACS.


R  400.4169   Resident nutrition.
  Rule 169. (1) A licensee shall provide a minimum of 3  nutritious  meals
daily unless medically contraindicated and documented.
  (2) Meals shall meet  the  nutritional  allowances  recommended  in  the
publication entitled,  "Basic  Nutrition  Facts,"  pages  28-29,  Michigan
department of public health publication no. H-808, 1980. This  publication
may be obtained without charge from Nutrition Services, Bureau of Personal
Health Services, Michigan Department of  Public  Health,  P.O. Box  30035,
Lansing, Michigan 48909.
  (3) Special diets shall be prescribed only by a  physician.  A  resident
who has been prescribed a special diet by a physician  shall  be  provided
such a diet.
  (4) Menus shall be written prior to the serving of the meal. Any  change
or substitution shall be noted and considered  as  part  of  the  original
menu.

  History:  1983 AACS.


R  400.4170   Emergency and disaster procedures.
  Rule 170. An institution shall establish and follow  written  procedures
for potential emergencies and disasters, including fire,  severe  weather,
medical emergencies, and missing persons.

  History:  1983 AACS.


R  400.4172   Inspection and approval of institution.
  Rule 172. An institution, including  new  construction,  additions,  and
conversions, shall be occupied by  residents  only  after  inspection  and
approval by the licensing authority.

  History:  1983 AACS.


R  400.4173   Plans and specifications.
  Rule 173. (1)  Plans  and  specifications  shall  be  submitted  to  the
licensing authority for review and approval prior to any remodeling in  an
institution or the construction or conversion of a structure for use as an
institution.
  (2) The plans shall comply with all of the following provisions:
  (a) Show layout, room arrangements, construction materials to  be  used,
and the location, size, and type of fixed equipment.
  (b) For additions, show those portions, including existing exits,  types
of construction, and room  occupancies,  which  may  be  affected  by  the
addition.
  (c) Be approved in writing by the licensing authority,  fire  inspecting
authority, and the health inspecting authority before construction begins.
  (d) The plans for open institutions are not more than 6  residents  need
not be developed by an architect.

  History:  1983 AACS.


R  400.4175   Space and equipment requirements.
  Rule 175. An institution shall provide sufficient resident living space,
office space, and equipment to assure delivery of licensed services.

  History:  1983 AACS.


R  400.4176   Recreational activities, equipment, and  supplies;  swimming
  restriction.
  Rule 176. (1) Residents shall  be  provided  a  variety  of  indoor  and
outdoor recreational activities designed to meet the residents' needs.
  (2) Appropriate recreation supplies and equipment shall be provided.
  (3) Swimming  shall  be  permitted  only  where  and  when  a  qualified
lifeguard is on duty.

  History:  1983 AACS.


R  400.4177   Sleeping rooms.
  Rule 177. (1) In new and converted institutions, single  sleeping  rooms
shall not be less than 70 square feet, exclusive of closet space.
  (2) In new and  converted  institutions,  multiresident  sleeping  rooms
shall not be less than 45 square feet per resident,  exclusive  of  closet
space.
  (3) Residents of the opposite sex over 5 years of age shall not sleep in
the same sleeping room.
  (4) In new or converted secure institutions,  locked  resident  sleeping
rooms shall be equipped with a 2-way monitoring device.

  History:  1983 AACS.


R  400.4178   Bedding and linen.
  Rule 178. (1) Each resident shall be provided  with  an  individual  bed
with a clean mattress and sufficient clean blankets.
  (2) Each resident shall be provided with clean sheets and a pillow  case
at least weekly and more often if soiled.

  History:  1983 AACS.


R  400.4181   Driver license.
  Rule 181. The driver  of  any  vehicle  transporting  residents  at  the
request of or on behalf of the licensee shall be an adult  and  possess  a
valid operator or chauffeur license with endorsement  appropriate  to  the
vehicle driven and the circumstances of its use.

  History:  1983 AACS.


R  400.4182   Seat occupancy.
  Rule 182.  Each  resident  transported  shall  occupy  a  manufacturer's
designated seat.

  History:  1983 AACS.


R  400.4183   Safety belts.
  Rule 183. In a vehicle which is required by  law  to  be  equipped  with
passenger safety belts, the driver and all passengers  shall  be  properly
restrained while the vehicle is in motion.

  History:  1983 AACS.


R  400.4199   Rescission.
  Rule 199. R 400.141 to R 400.160  and  R 400.174  to  R 400.185  of  the
Michigan Administrative Code, appearing on pages 2996 to 3002,  3005,  and
3006 of the 1979 Michigan Administrative Code, and pages 306  and  307  of
the 1980 Annual Supplement to the Code, are rescinded.

  History:  1983 AACS.

                      PART 2. SHORT-TERM INSTITUTIONS


R  400.4201   Applicability.
  Rule 201. The rules in this part apply to  all  short-term  institutions
unless specifically noted otherwise.

  History:  1983 AACS.


R  400.4231   Residential care after 48 hours.
  Rule 231. A short-term institution shall continue to provide care for  a
resident beyond 48 hours only after establishing that the  institution  is
an appropriate placement for the resident.

  History:  1983 AACS.


R  400.4232   Admission physical examination.
  Rule 232. A  short-term  institution  shall  have  documentation  of  an
admission physical  examination  for  each  resident  as  follows,  unless
greater frequency is medically indicated:
  (a) For a resident under 3 years of age, a  physical  examination  shall
have been completed within 3 months prior to admission or a  new  physical
examination shall be completed within 7 days after admission.
  (b) For a resident 3 years of age and over, a physical examination shall
have been completed within 1 year prior to admission  or  a  new  physical
examination shall be completed within 7 days after admission.

  History:  1983 AACS.


R  400.4234   Preliminary service plan.
  Rule 234. A brief plan shall be developed  within  7  calendar  days  of
admission for each resident. The plan shall include both of the following:
  (a) An assessment of the resident's immediate and specific needs.
  (b) The specific services to be provided by the  institution  and  other
resources to meet the needs.

  History:  1983 AACS.


R  400.4237   Resident assessment.
  Rule 237. (1) A written resident assessment shall be completed  30  days
after admission and every 15 days thereafter. The assessment shall include
all of the following:
  (a) The reasons for continued care.
  (b) Plans for other placement.
  (c) Barriers to other placement and plans to eliminate the barriers.
  (2) Copies of the plan shall be maintained at the institution.

  History:  1983 AACS.



R  400.4238   Discharge plan.
  Rule 238. (1) When a resident is discharged, all of the following  shall
be documented:
  (a) The reason for discharge.
  (b) New location of the child.
  (c) A brief  summary  or  other  documentation  of  medical  and  dental
services provided while in residence.
  (d) The name and official title of the person to whom the  resident  was
released.
  (2) For an unplanned discharge, there shall be a brief summary or  other
documentation of the circumstances surrounding the discharge.

  History:  1983 AACS.

                PART 3. RESIDENTIAL TREATMENT INSTITUTIONS


R  400.4302   Applicability.
  Rule 302. The rules in this part  apply  to  all  residential  treatment
child caring institutions unless specifically noted otherwise.

  History:  1983 AACS.


R  400.4331   Admission of child.
  Rule 331. A child shall be admitted only  after  establishing  that  the
institution is an appropriate placement to meet the child's needs.

  History:  1983 AACS.


R  400.4332   Admission physical examination.
  Rule 332. (1) An institution shall have documentation  of  an  admission
physical  examination  for  each  resident  as  follows,  unless   greater
frequency is medically indicated:
  (a) For a resident under 1 year of age,  a  physical  examination  shall
have been completed within 3 months prior to admission or a  new  physical
examination shall be completed within 30 days after admission.
  (b) For a resident 1 year of age or over, a physical  examination  shall
have been completed within 1 year prior to admission  or  a  new  physical
examination completed within 30 days after admission.
  (2) Sufficient health history information shall be documented  for  each
resident to assure proper medical care.

  History:  1983 AACS.


R  400.4334   Immunizations.
  Rule 334. (1) A resident shall have current immunizations as required by
the department of public health.
  (2) If documentation of immunization is unavailable, immunizations shall
begin within 30 days of admission, unless a  statement  from  a  physician
indicating that immunizations  are  contraindicated  is  included  in  the
resident's record.
  (3) A statement from a physician, referring agency, parent, or  guardian
indicating  immunizations  are  current  is  sufficient  documentation  of
immunizations.

  History:  1983 AACS.


R  400.4335   Dental care.
  Rule 335. A licensee shall  arrange  for  the  provision  of  and  shall
document dental examination and treatment for each resident 3 years of age
and older. A dental examination within 12 months prior to admission  shall
be documented or there shall be an examination not  later  than  3  months
following admission. Reexamination shall be provided at least annually.

  History:  1983 AACS.


R  400.4336   Initial service plan.
  Rule 336. (1) An initial service plan shall be completed by  the  social
service worker for each resident within 30 days of admission.
  (2) The initial service plan shall be developed with the  resident,  the
resident's  parents,  and  the  referral  source,  unless  documented   as
inappropriate.
  (3) The initial service plan for each resident and family  shall  comply
with all of the following provisions:
  (a) Assess the resident's and family's strengths and weaknesses  in  the
areas of education, economics, psychology, society, and health,  as  these
relate to the resident's needs.
  (b) Identify plans for parent and child visitation.
  (c) Specify treatment goals to remedy the problems of the  resident  and
family and time frames for achieving the goals.
  (d) Identify indicators of goal achievement.
  (e) Specify the person responsible for coordinating and implementing the
resident and family treatment goals.
  (f) Specify staff techniques  for  achieving  the  resident's  treatment
goals.
  (g) Specify the projected length of stay and next placement.

  History:  1983 AACS.


R  400.4337   Updated service plan.
  Rule 337. (1) An updated service plan shall be completed and recorded by
the social services worker for each resident at least once every 3  months
following the initial service plan.
  (2) The updated service plan shall be developed with the  resident,  the
resident's  parents,  and  the  referral  source,  unless  documented   as
inappropriate.
  (3) The updated service plan shall include the following information:
  (a) Progress made toward achieving the goals established in the previous
service plan.
  (b) Any changes in the service plan,  including  new  problems  and  new
goals to remedy the problems. Indicators of  goals  and  time  frames  for
achievement shall be specified.

  History:  1983 AACS.


R  400.4338   Content of discharge services plan.
  Rule 338. When a resident is discharged from institutional care, all  of
the following information shall be documented in the case record within 14
days after discharge:
  (a) The reason for discharge and the new location of the child.
  (b) An assessment of the resident's needs which remain to be met.
  (c) A statement  that  the  discharge  plan  recommendations  have  been
reviewed with the resident and parent.
  (d) The name and official title of the person to whom the  resident  was
discharged.

  History:  1983 AACS.

                  PART 4. ENVIRONMENTAL HEALTH AND SAFETY

R  400.4401   Applicability.
  Rule 401. The rules set forth in this  part  apply  to  all  institution
facilities unless specifically noted otherwise.

  History:  1983 AACS.


R  400.4407   Facility and premises maintenance.
  Rule 407. (1) A facility and premises shall be maintained  in  a  clean,
comfortable, and safe condition. The facility shall  be  located  on  land
that is properly drained.
  (2) Hazardous areas shall be guarded or posted as appropriate to the age
and capacity of the residents.
  (3) The facility, including main  and  accessory  structures,  shall  be
maintained so as to prevent and eliminate rodent and insect harborage.
  (4) Rooms, exterior  walls,  doors,  skylights,  and  windows  shall  be
weathertight and watertight and shall be kept in sound  condition  and  in
good repair.
  (5) Floors, interior walls, and ceilings shall  be  sound  and  in  good
repair and shall be maintained in a clean condition.
  (6) Plumbing fixtures and  water  and  waste  pipes  shall  be  properly
installed and maintained in good working condition.
  (7) Water closet compartments, bathroom, and  kitchen  floors  shall  be
constructed and maintained so as to be reasonably impervious to water  and
be composed of a slip resistant material.
  (8)  Equipment,  including  recreation  devices,  shall   be   inspected
periodically for defects. Proper maintenance shall be carried out to  keep
equipment in a safe operating condition.
  (9) Water  heaters  shall  have  an  operable  thermostatic  temperature
control and a pressure relief valve.
  (10) Stairways, porches, and elevated walkways shall  have  structurally
sound and safe handrails.

  History:  1983 AACS.


R  400.4409   Ventilation.
  Rule 409. (1) Except for a basement,  each  habitable  room  shall  have
direct outside ventilation by means of windows, louvers, air conditioning,
or mechanical ventilation.
  (2) During fly season, between May 1 and October 31, each door,  window,
and other opening to the outside which is used  for  ventilation  purposes
shall be supplied with standard screens of not less  than  16  mesh.  Each
screen door shall have a self-closing  device  in  working  condition  and
shall swing outward.
  (3) Where windows  or  louvers  are  used  for  ventilation,  the  total
openable area for each resident-occupied  room,  other  than  a  bathroom,
shall not be less than 3 1/2% of the floor area of the room.

  History:  1983 AACS.


R  400.4411   Natural light.
  Rule 411. (1) Every sleeping  room  occupied  by  residents  shall  have
natural light from a source which is equal to not  less  than  8%  of  the
floor area for that room. A  skylight,  louver,  glass-blocked  panel,  or
similar light-transmitting device shall not be counted for more  than  50%
of the required area in place of conventional windows and glass doors.
  (2)  Every  habitable  room  shall  have  artificial  light  capable  of
providing not less than 20 footcandles of illumination at a  height  of  3
feet above the floor.

  History:  1983 AACS.


R  400.4414   Water supply.
  Rule 414. (1) The water supply for an institution shall comply with  the
requirements of the department of public health. Installation of new wells
or repairs on existing wells shall be done by water  drilling  contractors
registered under sections 12701 to 12721 of Act No. 368 of the Public Acts
of 1978, as amended,  being  SS333.12701  to  333.12721  of  the  Michigan
Compiled Laws.
  (2) Each sink, lavatory, bath,  shower,  drinking  fountain,  and  other
water outlet shall be supplied  with  safe  and  potable  water  which  is
sufficient in quantity and pressure to meet the conditions of peak demand.
Hot and cold or tempered water shall be provided in each  sink,  lavatory,
bath, and shower. Hot water temperatures  shall  not  exceed  120  degrees
Fahrenheit at outlets accessible to residents.
  (3)  Plumbing  shall  be  installed  and  maintained  to  prevent  cross
connections with the water supply.

  History:  1983 AACS.


R  400.4417   Toilet and bathing facilities.
  Rule 417. Toilet and bathing facilities shall be provided as follows:
  (a) Toilets that allow for individual privacy, unless inconsistent  with
a toilet training program or security program.
  (b) Bathing and toilet fixtures that are specially equipped if  used  by
the physically handicapped.
  (c) At least 1 toilet, lavatory, and tub or  shower,  which  are  easily
accessible from sleeping quarters, for each 8 residents.

  History:  1983 AACS.


R  400.4420   Food service facilities, equipment, and procedures.
  Rule 420. Facilities, equipment, and procedures used in the preparation,
storage, and service of food shall comply with the  applicable  provisions
of sections 12901 to 12922 of Act No. 368 of the Public Acts of  1978,  as
amended, being SS333.12901 to 333.12922 of the Michigan Compiled Laws. The
facilities, equipment, and procedures required shall depend on the  amount
of food service and the type of food service operation.

  History:  1983 AACS.


R  400.4426   Garbage and refuse.
  Rule  426.  (1)  Garbage  shall  be  stored  in  fly-tight,   watertight
containers with tight-fitting covers. A garbage can shall be provided with
a waterproof liner or shall be thoroughly cleaned after each emptying.,
  (2) Garbage and refuse shall be removed at intervals of at least once  a
week.

  History:  1983 AACS.


R  400.4428   Sewage disposal.
  Rule 428. Sewage and other water-carried wastes  shall  be  disposed  of
through a municipal sewer system where such a system is available. Where a
municipal sewer  connection  is  not  available,  liquid  waste  shall  be
discharged into an approved private system. The private system  shall  not
create a nuisance or pollute a stream, lake, or other  body  of  water  or
contaminate a  water  supply  or  bathing  place  and  shall  comply  with
applicable local health department requirements.

  History:  1983 AACS.



R  400.4431   Heating equipment.
  Rule 431. (1) Heating  equipment  shall  be  capable  of  maintaining  a
temperature of not less than 68 degrees Fahrenheit at a point 4 feet above
the floor. An accurate thermometer shall be provided.
  (2) Hot water radiators or  steam  radiators  and  pipes  or  any  other
heating device capable of causing a burn shall be effectively shielded.

  History:  1983 AACS.


R  400.4435   Swimming beaches and pools.
  Rule 435. (1) The water and beach area of a natural swimming area of  an
institution shall be free from contamination by  garbage,  refuse,  sewage
pollution, and hazardous  foreign  or  floating  materials.  A  survey  or
evaluation of the quality of the water at the swimming area shall be  made
in accordance with sections 12541 to 12563 of Act No. 368  of  the  Public
Acts of 1978, as amended, being SS333.12541 to 333.12563 of  the  Michigan
Compiled Laws, and the rules promulgated thereunder.
  (2) An institution's artificial swimming pool shall be  constructed  and
maintained in accordance with sections 12521 to 12534 of  Act  No. 368  of
the Public Acts of 1978, as amended, being SS333.12521 to 333.12534 of the
Michigan Compiled Laws, and the rules promulgated thereunder.

  History:  1983 AACS.

  PART 5. FIRE SAFETY FOR SMALL, LARGE, AND SECURE INSTITUTION FACILITIES

R  400.4501   Definitions.
  Rule 501. As used in this part:
  (a) "Ambulatory" means a resident who is physically and mentally capable
of traversing a path to safety without the aid of another person.  A  path
to safety includes the ascent and descent of any stairs or approved  means
of egress.
  (b) "Approved" means acceptable to the department  and  fire  inspecting
authority and in accordance with these rules.  The  department  makes  the
final  approval  based  on  recommendations  from  the   fire   inspecting
authority.
  (c) "Basement" means that portion of  a  building  below  grade  but  so
located that the vertical distance from the grade  to  the  floor  is  not
greater than the vertical distance from the grade to  the  ceiling.  Where
the ceiling of such portion of a building is located 5 feet or more  above
grade for more than 25% of the perimeter measurement of  the  building  or
part of the building affected, it shall be classed as a first story.
  (d) "Combustible" means those materials which can ignite and burn.
  (e) "Conversion" or "converted" means a change, after the effective date
of these rules, in the use of a facility  or  portion  thereof  from  some
previous use to that of a licensed or approved institution, or an increase
in capacity from a residential group  home  to  a  small  facility  or  an
increase in capacity from a small facility to a large facility or a change
to a secure facility, or, after the  effective  date  of  these  rules,  a
change from caring for ambulatory residents only to caring for 1  or  more
nonambulatory or wheelchair confined residents. A converted facility shall
comply with the provisions of these rules for fire  safety  for  converted
facilities.
  (f) "Electric lock" means an electric door lock system operated  from  a
remote control unit. The  system  is  fail-safe  in  that  all  locks  are
automatically unlocked in the event of electrical failure. The  system  is
approved by a nationally recognized independent testing laboratory.
  (g) "Escape window," in a newly converted or remodeled  facility,  means
an approved side-hinged window with a minimum opening  of  5  square  feet
with no open dimension of  less  than  22  inches.  The  window  shall  be
openable from the inside with a single motion and shall be  equipped  with
nonlocking-against-egress hardware. The window shall be  openable  without
the use of special tools. The sill height shall not  be  greater  than  36
inches from the floor, unless an approved substantial permanent  ledge  or
similar device not less than 12 inches wide is provided under the  window,
in which case the sill height may be  increased  to  44  inches  from  the
floor. In an existing facility, "escape window" means a window  acceptable
to the fire inspecting authority.
  (h) "Existing facility" means a building which is licensed  or  approved
by the department as an institution at the time these  rules  take  effect
and which is not unoccupied or unlicensed for  more  than  90  consecutive
days thereafter. Where an increase in capacity or change  in  use  affects
fire safety requirements, the facility shall comply  with  all  applicable
requirements prior to the increase or change in use.
  (i) "Facility" means a building owned, leased, or primarily rented by  a
child care organization for use as a small, large, or secure  facility  to
house and sleep residents. "Facility" includes new, remodeled,  converted,
and small, large, secure,  and  existing  facilities.  Any  portion  of  a
facility not used by residents and not used as a required means of  egress
and which is protected from the rest of the facility by an  approved  fire
barrier does not need to meet these rules for fire  safety.  However,  the
right of the fire inspecting  authority  to  inspect  a  nonuse  area  for
hazardous use is retained and directives relative to fire  safety  of  the
nonuse area may be issued to assure the fire  safety  of  the  use  areas.
"Facility" does not include an open occupancy  building  for  6  or  fewer
residents.
  (j) "Fire alarm device" means an approved device capable of sounding  an
alarm. A fire alarm shall be specifically designated as such and shall not
be used for any purpose other than sounding an  alarm  of  fire  or  other
emergency or for fire drills. The device shall be loud enough to be  heard
throughout the facility under normal conditions. A device may be a bell, a
horn, a whistle, or any other device acceptable  to  the  fire  inspecting
authority.
  (k) "Fire alarm system" means an  approved  electrical  closed  circuit,
self-supervised  local  system  for  sounding  an  alarm.  The  system  is
comprised of a panel, pull stations, and audible electric signal  devices.
  (l) "Fire resistance rating"  means  the  time  in  hours  or  fractions
thereof that materials or their assemblies will resist  fire  exposure  as
determined by fire tests established and  conducted  by  approved  testing
laboratories.
  (m)  "Hazardous  area"  means  those  parts  of  a  facility  housing  a
flame-producing heating plant, incinerators, water  heater,  and  kitchens
and areas  where  combustible  materials,  flammable  liquids,  gases,  or
dangerous chemicals are used or stored.
  (n) "Large facility" means  a  building  used  to  house  more  than  15
residents.
  (o) "Means of egress and exit" means an unobstructed  way  of  departure
from any point in a building to safe open air outside at grade.
  (p) "Newly constructed," "new construction," or "new facility"  means  a
structure or addition to a facility after  the  effective  date  of  these
rules.
  (q) "Nonambulatory" means a resident, including a resident confined to a
wheelchair, who is physically or mentally incapable of traversing  a  path
to safety without the aid of another person. A path to safety includes the
ascent and descent of any stairs or other approved means  of  egress  from
the building.
  (r) "Remodeled" means  changes  in  a  facility  which  modify  existing
conditions and includes renovation. Remodeled  and  affected  areas  of  a
child caring institution shall conform to the provisions  of  these  rules
for fire safety for remodeled and converted facilities.  Unaffected  areas
of a facility are not required to conform to the required  provisions  for
remodeled and converted facilities.
  (s) "Residential group home" means an open institution used to house not
more than 6 residents.
  (t) "Secure facility" means a building used as a detention facility or a
secure child caring institution. The building or portions of the  building
are used to keep  residents  in  custody.  Outside  doors  and  individual
sleeping rooms usually have locks which are secure from  the  inside.  The
locks are used in the usual course of operation. A secure  facility  shall
meet the requirements for a large facility, regardless of  the  number  of
residents. A facility with an approved behavior management room is  not  a
secure facility solely by virtue of having a behavior management room.
  (u) "Small facility" means a building which houses not less than  7  nor
more than 15 residents and which is not a secure facility.
  (v) "Street floor" means the lowest story of a facility which is  not  a
basement.
  (w) "Story" means that part of a building between a floor and the  floor
or roof next above.
  (x) "Substantially remodeled" means changes in a facility  which  result
in the exposure or addition of structural joists or studs.
  (y) "Wire glass" means glass which is not  less  than  1/4  inch  thick;
which is reinforced with wire mesh, no. 24 gauge or heavier  with  spacing
not greater than 1 square inch; and which is installed in steel frames or,
when approved, installed in wood frames or stops of hardwood material  not
less than 3/4 inch actual dimension and not more than 1,296 square  inches
per frame with no single dimension more than 54 inches in length.

  History:  1983 AACS.


R  400.4502   Applicability.
  Rule 502. (1) The rules set forth  in  this  part  apply  to  all  newly
constructed,  remodeled,  converted,  and  existing   facilities   of   an
institution as indicated, other than department of mental  health-operated
facilities for the mentally retarded which are covered under  subrule  (2)
of this rule.
  (2) Department of mental health-operated  facilities  for  the  mentally
retarded shall comply with the provisions of life safety code 101  of  the
national fire protection association, 1967, for skilled care  institutions
or life safety code 101 of the national fire protection association, 1973,
for  intermediate  care  institutions,  as  appropriate  to  the  type  of
facility.

  History:  1983 AACS.


R  400.4504   Adoption by reference.
  Rule 504. The department adopts the fire safety codes and standards  set
forth in this rule. These codes and standards are available for inspection
and distribution to the  public  at  cost  at  the  Department  of  Social
Services, 300 S. Capitol Avenue, P.O. Box 30037, Lansing, Michigan  48909.
Copies  of  the  codes  and  standards  may  also  be  obtained  from  the
appropriate agency, organization, or association listed below.  The  costs
indicated are those in effect at the time these rules are promulgated. The
codes and standards adopted are as follows:
  (a) Standard E-84-77A, "Tests for  Surface  Burning  Characteristics  of
Building Materials," 1978, American Society  for  Testing  and  Materials,
1916 Race Street, Philadelphia, Pennsylvania 19103 - $1.75.
  (b) Pamphlet no. 13, "Installation of Sprinkler Systems," 1980, National
Fire Protection  Association,  Batterymarch  Park,  Quincy,  Massachusetts
02269 - $6.00.
  (c)  Pamphlet  no. 22,  "Water  Tanks  for  Private  Protection,"  1978,
National  Fire  Protection   Association,   Batterymarch   Park,   Quincy,
Massachusetts 02269 - $4.75.
  (d) Pamphlet no. 70,  "National  Electric  Code,"  1978,  National  Fire
Protection Association, Batterymarch Park, Quincy, Massachusetts  02269  -
$6.75.
  (e)  Pamphlet  no. 72A,  "Local  Protective  Signaling  Systems,"  1979,
National  Fire  Protection   Association,   Batterymarch   Park,   Quincy,
Massachusetts 02269 - $5.00.
  (f) Pamphlet no. 72E, "Automatic Fire Detectors,"  1978,  National  Fire
Protection Association, Batterymarch Park, Quincy, Massachusetts  02269  -
$5.00.
  (g) Pamphlet no. 82, "Incinerator,  Rubbish  Handling,"  1977,  National
Fire Protection  Association,  Batterymarch  Park,  Quincy,  Massachusetts
02269 - $4.50.
  (h) Pamphlet no. 90A, "Air Conditioning and Ventilating Systems,"  1978,
National  Fire  Protection   Association,   Batterymarch   Park,   Quincy,
Massachusetts 02269 - $5.00.
  (i) Pamphlet no. 96, "Standard for the Installation of Equipment for the
Removal  of  Smoke  and  Grease  Laden  Vapor  from   Commercial   Cooking
Equipment," 1980, National Fire Protection Association, Batterymarch Park,
Quincy, Massachusetts 02269 - $4.50.
  (j) Pamphlet no. 220, "Standard  on  Types  of  Building  Construction,"
1979, National Fire Protection  Association,  Batterymarch  Park,  Quincy,
Massachusetts 02269 - $4.50.
  (k) Pamphlet no. 255, "Method of Test of Surface Burning Characteristics
of  Building  Materials,"  1979,  National  Fire  Protection  Association,
Batterymarch Park, Quincy, Massachusetts 02269 - $4.50.
  (l) Standard  723,  "Test  Method  for  Fire  Hazard  Classification  of
Building Materials," 1977, Underwriters Laboratories, Inc., 333  Pfingsten
Road, Northbrook, Illinois 60062 - $3.50.
  (m) "Life Safety Code 101," 1967, National Fire Protection  Association,
Batterymarch Park, Quincy, Massachusetts 02269 - $4.00.
  (n) "Life Safety Code 101," 1973, National Fire Protection  Association,
Batterymarch Park, Quincy, Massachusetts 02269 - $4.00.

  History:  1983 AACS.


R  400.4506   Fire drills and telephone.
  Rule 506. (1) There shall be quarterly emergency fire  drills  for  each
staff shift. Two of the drills shall include evacuations, unless  approved
by the department, in writing,  as  clinically  contraindicated.  Where  a
facility has  a  24-hour  staff  shift,  the  emergency  drills  shall  be
conducted at different times of the day and night. Written  records  shall
be maintained for each drill indicating the date and  time  of  the  drill
and, where evacuation was a part of the drill, the approximate  evacuation
time.
  (2) A telephone or other suitable means of  communicating  an  alarm  of
fire to the fire department shall be provided.  Pay  stations  are  not  a
suitable means of communicating alarms. The telephone number of  the  fire
department shall be posted conspicuously  by  all  phones  designated  for
outside service.

  History:  1983 AACS.


R  400.4508   Facility location.
  Rule 508. A new or converted facility shall not  be  established  within
300 feet of an aboveground storage tank containing flammable liquids  used
in connection with a bulk plant, marine terminal,  aircraft  refueling  or
bottling plant of a liquified petroleum gas installation, or other similar
hazard.

  History:  1983 AACS.


R  400.4510   Facilities with sleeping rooms above second floor.
  Rule 5l0. All facilities with sleeping  rooms  above  the  second  floor
shall comply  with  the  requirements  of  a  secure  facility,  with  the
exception of R 400.4522(c).

  History:  1983 AACS.


R  400.4512   Combustible materials and decorations.
  Rule 512. (1) A resident-occupied facility shall be  kept  free  of  all
accumulation  of  combustible  materials  unnecessary  for  the  immediate
operation of the institution.
  (2) Easily ignited or rapidly burning combustible  decorations  are  not
permitted in a facility. Personal artwork and personal decorations made or
owned by residents are permitted up to 6 square feet of wall space in each
room or use areas other than means of egress and hazardous areas.

  History:  1983 AACS.


R  400.4513   Basement as sleeping rooms prohibited.
  Rule 513. A basement shall not be used as a sleeping room.

  History:  1983 AACS.


R  400.4515   Electrical installations.
  Rule 515. (1) In a newly constructed, converted, or remodeled  facility,
the electrical wiring and equipment shall be installed in accordance  with
the provisions  of  the  national  fire  protection  association  pamphlet
no. 70, entitled "National Electrical  Code,"  1978.  A  final  electrical
certificate of approval for the electrical installation shall be  obtained
from a qualified local electrical inspecting authority or state electrical
inspecting authority.
  (2) In an existing facility, electrical wiring and equipment  acceptable
at the time these rules take effect shall continue to  be  approved  until
the facility or  portion  thereof  is  remodeled  or  converted.  When  an
existing facility or portion thereof is remodeled or converted, only  that
portion remodeled or converted need comply with subrule (1) of this  rule.
Electrical  services  shall  be  maintained  in  a  safe  condition.  When
conditions indicate a need for inspection, the electrical  services  shall
be inspected by a qualified electrical inspection service. A copy  of  the
inspection report shall be maintained at  the  facility  for  review.  Any
areas cited in the report shall be corrected and a new  electrical  system
inspection shall be obtained verifying that corrections have been made.

  History:  1983 AACS.


R  400.4517   Facility construction.
  Rule 517. (1) A new,  substantially  remodeled  or  converted  large  or
secure facility shall be 1 of  the  following  types  of  construction  as
specified in the national fire protection  association  pamphlet  no. 220,
entitled "Standard on Types of Building Construction, 1979":
  (a) Type I 443 or 332 or type II 222.
  (b) Type II 111, type III 211, type IV 2HH,  or  type  V  111  up  to  2
stories. A basement and second  story  for  these  types  of  construction
require complete sprinkler protection.
  (c) Type II 000, type III 200, or type V 000 up to 2  stories  with  all
stories completely covered by sprinkler protection.
  (2) New, converted, and substantially remodeled small  facilities  shall
be at least frame construction and shall be fire-stopped at all  wall  and
floor junctures and all wall and ceiling  junctures  with  not  less  than
2-inch nominal lumber.
  (3) Existing construction approved before these rules  take  effect  and
which meets the construction requirements of the  fire  safety  guidelines
these rules supersede shall continue to be approved until the facility  is
substantially  remodeled  or  converted.  When  an  existing  facility  is
substantially remodeled or added to, only  the  portion  of  the  facility
being substantially remodeled or added need comply with subrule (1) or (2)
of this rule, as appropriate.

  History:  1983 AACS.


R  400.4520   Interior finish.
  Rule 520. (1) The  following  alphabetical  classification  of  finished
materials for flame spread and smoke development,  as  determined  by  the
tunnel test in accordance with the national fire  protection  association,
pamphlet no. 255, 1979; american society of  testing  materials  E-84-77A,
1978, or underwriters laboratories pamphlet no. 723, 1977, shall  be  used
to determine interior finishes:

Class                   Flame Spread                    Smoke Developed

A                       0 - 25                          0 - 50
B                       26 - 75                         51 - 125
C                       76 - 200                        126 - 200

The same alphabetical classification is also used  for  combustibility  of
prefabricated  accoustical   tile   units,   only   under   federal   test
no. SS-5-118a.
  (2) Interior finish includes the plaster, wood, or other interior finish
materials of walls;  partition,  fixed  or  movable;  ceiling;  and  other
exposed interior surfaces of the facility, other than nominal  wood  trim.
  (3) The classification of interior finish materials as  to  their  flame
spread and smoke development shall be that of  the  basic  material  used,
without regard to subsequently applied paint or  other  coverings,  except
where such paint or other covering is of such  a  character  or  thickness
where applied so as to affect the material classification.  Finishes  such
as lacquer, polyurethane-based materials,  or  unapproved  wall  coverings
shall not be used.
  (4) Paints or coatings containing plastics, polyurethane, or epoxies may
be used on noncombustible surfaces without proof of classification if  not
applied in excess of 1/28 of an inch in thickness.
  (5) In a new constructed, remodeled, or converted facility, an  interior
finish classification shall be that of the basic  material  used,  without
regard to subsequently applied paint or other covering in  an  attempt  to
meet the classification.
  (6) In an existing facility, where an interior finish at the time  these
rules take effect does not comply with subrule (5) of this rule and  where
an interior finish is applied to or furred out not more than 1 inch from a
continuous noncombustible backing, an interior finish may have the surface
protected with an approved fire  retardant  coating  so  as  to  meet  the
interior finish requirements.
  (7) Interior finish materials in facilities shall be as follows:
  (a) In small and large open facilities without a sprinkler system, class
A or B in exitways and class A in behavior management rooms. In all  other
areas, at least class C.
  (b) In open facilities  with  a  sprinkler  system,  at  least  class  C
throughout, except in a behavior management room.
  (c) In secure facilities, class A throughout.

  History:  1983 AACS.


R  400.4522   Fire protection.
  Rule 522. Fire  protection  shall  be  provided  in  all  facilities  as
follows:
  (a) In a small facility, an attendant who is awake, fully  dressed,  and
on duty 24 hours a day; complete sprinkler protection; or compliance  with
R 400.4523.
  (b) In a large facility, an attendant who is awake, fully  dressed,  and
on duty 24 hours a day; complete sprinkler protection; or compliance  with
R 400.4524.
  (c) In a secure facility, an attendant who is awake, fully dressed,  and
on duty 24 hours a day.

  History:  1983 AACS.


R  400.4523   Fire detection; small facilities.
  Rule 523.  (1)  A  newly  constructed,  remodeled,  or  converted  small
facility electing to provide fire protection by fire  detection  shall  be
protected throughout by approved  fire  detection  provided  by  at  least
battery-operated ionization fire  detection  devices  installed  in  every
sleeping room and all  areas,  except  kitchen  and  bathrooms.  The  fire
detection devices shall comply with all of the following requirements:
  (a) Be listed and  labeled  by  an  independent,  nationally  recognized
testing laboratory.
  (b) Be installed and maintained in accordance  with  the  manufacturer's
and test specifications.
  (c) Be cleaned and tested at least  quarterly,  with  a  written  record
maintained of the cleaning and testing.
  (d) Be of a type that provides a signal when batteries are not providing
sufficient power and when batteries are missing.
  (2) Any battery-operated device required by subrule  (1)  of  this  rule
which signals power is low or a battery is missing  shall  be  immediately
serviced and restored to full power. There shall be not less  than  a  10%
supply of extra batteries maintained at the facility at all times for  the
total number of battery-operated devices in the facility.
  (3) In existing small facilities, fire detection systems approved before
these rules take effect shall continue to be approved until  the  facility
or portion thereof is remodeled or converted, then fire detection shall be
at least as required by this rule for  newly  constructed,  remodeled,  or
converted  facilities  in  that  portion  of  the  facility  remodeled  or
converted. Existing fire detection systems shall be maintained  in  proper
working order and shall be tested  at  least  quarterly,  with  a  written
record maintained of the testing.

  History:  1983 AACS.


R  400.4524   Fire detection; large facilities.
  Rule 524.  (1)  A  newly  constructed,  remodeled,  or  converted  large
facility electing to provide fire protection by fire  detection  shall  be
equipped with a 100% coverage fire detection system which  is  tested  and
listed by a nationally  recognized,  independent  testing  laboratory  and
which is  installed  in  compliance  with  the  national  fire  protection
association  pamphlet  no. 72A,  entitled  "Local   Protective   Signaling
Systems," 1979, national fire  protection  association  pamphlet  no. 72E,
entitled "Automatic Fire Detectors," 1978, and these rules except that the
installing of  wiring  and  equipment  shall  comply  with  national  fire
protection association pamphlet no. 70, entitled "National Electric Code,"
1978.
  (2) In a new, remodeled, or converted large  facility,  the  main  power
supply source for an automatic fire detection  system  shall  be  from  an
electric utility company and shall be on a separate circuit which is fused
ahead of the building main service switch. A secondary power supply  shall
be provided which, in the event of the main  power  supply  failure,  will
maintain the system in an operative condition for 24  hours  and,  in  the
event of a fire, will sound the  alarm  signaling  units  for  a  5-minute
period.
  (3) In a new, remodeled, or converted large facility, where an automatic
fire detection system is required, the detection devices shall comply with
both of the following provisions:
  (a) Be installed in all areas;  that  is,  all  rooms,  lofts,  closets,
stairways, corridors,  basements,  attics,  and  like  areas.  Spacing  of
detection devices shall be as recommended by the manufacturer  to  provide
complete coverage. Small bathrooms containing a single  water  closet  and
lavatory, small closets which are  not  more  than  20  square  feet,  and
similar spaces are exempted from this requirement.
  (b) Be smoke detectors, except that heat detectors may be  installed  in
attics, kitchens, bathrooms, attached garages,  and  heating  plant  rooms
instead of smoke detectors. Heat detectors shall be the fixed  temperature
rate of rise type.
  (4) In a new, remodeled, or converted large facility, an automatic  fire
detection system shall be an electrical, closed  circuit,  self-supervised
system which gives a distinctive signal  in  a  staff-occupied  area  when
trouble occurs in the system, including loss of the main power supply.
  (5) In a new, remodeled, or converted  large  facility,  complete  final
plans and specifications of the automatic  fire  detection  system,  where
such a system is to be installed, shall be submitted to the department and
approved prior to installation. The plan shall show facility  floor  plans
and locations and types of detection devices, pull-stations, and  sounding
units.
  (6) In existing large facilities, fire detection systems approved before
these rules take effect shall continue to be approved until  the  facility
is converted or a portion thereof is remodeled, then the  portion  of  the
facility remodeled or converted shall meet the appropriate requirements of
this rule. Where the required new system cannot be added to  the  existing
systems maintaining a single signaling  alarm  system,  the  total  system
shall be replaced and shall  comply  with  this  rule  for  remodeled  and
converted facilities.
  (7) Automatic fire detection  systems,  fire  alarm  systems,  and  fire
detection systems shall be maintained in proper  working  condition.  When
problems occur, they shall be immediately remedied.  When  the  system  is
rendered inoperable, staff shall be awake and on duty until the system  is
again operable.

  History:  1983 AACS.


R  400.4527   Sprinkler systems.
  Rule 527. (1) A sprinkler system in a new or  converted  facility  shall
comply with the 1980 national fire protection association pamphlet no. 13,
entitled "Installation of Sprinkler Systems." Where there is  no  adequate
water from a community water system to supply a sprinkler system and where
the area to be protected does not exceed 20,000  square  feet,  a  special
pressure tank supply for sprinklers, as specified in the 1978  edition  of
national fire protection association pamphlet no. 22,  entitled  "Standard
for Water Tanks for Private  Fire  Protection,"  shall  be  provided.  The
special  pressure  tanks  shall  contain  2,000  gallons  of  water  in  a
3,000-gallon tank for partial systems and for  complete  building  systems
shall have 3,000 gallons of water in a 4,500-gallon tank. The  tank  shall
be enclosed in at least a 1-hour fire resistance-rated structure or  room.
  (2) All required sprinkler systems shall be inspected and tested and all
other maintenance performed as specified in the national  fire  protection
association  pamphlet  no. 13A  at  least  once  a  year  by  a  sprinkler
contractor.  The  licensee  shall  maintain  documentation  of  the   last
inspection and test.
  (3) A sprinkler system in an existing  facility  approved  before  these
rules take effect shall continue to be  approved  until  the  facility  or
portion thereof is remodeled, converted, or expanded. The system shall  be
maintained in accordance with the standards applicable at the time it  was
originally approved.
  (4) When an existing facility is remodeled, converted, or  expanded  and
the remodeling, conversion, or expansion results in the existing sprinkler
system  not  providing  adequate  protection,  fire  protection  shall  be
provided by extension of the current system where it is possible to extend
the system and maintain its integrity or a new sprinkler system  shall  be
installed in the affected area.
  (5) The sprinkler piping for any isolated hazardous area  which  can  be
adequately protected by not  more  than  2  sprinklers  may  be  connected
directly to the domestic water system at a point where  a  minimum  1-inch
supply is available. An approved OS and Y valve and check valve  shall  be
installed between the sprinklers and the connection to the domestic  water
supply.

  History:  1983 AACS.


R  400.4532   Fire extinguishers.
  Rule 532. (1) All required fire extinguishers shall be  subjected  to  a
maintenance check at least once a year. Each fire extinguisher shall  have
a tag or label attached indicating the  month  and  year  maintenance  was
performed and identifying the person or company performing the service.
  (2) All required extinguishers shall be recharged after use.
  (3) A minimum of 1 approved fire extinguisher shall be provided on  each
floor and in or immediately adjacent to kitchens, combustion-type  heating
devices, and incinerators. Additional fire extinguishers may  be  required
at the discretion of the fire safety inspector to assure that  it  is  not
necessary to travel more than 75 feet to a fire extinguisher.
  (4) All fire extinguishers shall be not less than 4 inches off the floor
and the top of the extinguisher shall not be higher than 5  feet  off  the
floor in a special cabinet or on a wall rack which is easily accessible at
all times, unless programmatically contraindicated. Where programmatically
contraindicated, the required extinguishers  may  be  kept  behind  locked
doors if both of the following conditions are met:
  (a) The locations are clearly labeled "Fire Extinguisher."
  (b) All staff carry keys to the doors.
  (5) In new, remodeled, or  converted  facilities,  a  fire  extinguisher
shall be at least type 2-A-10BC.
  (6) In existing small facilities, previously approved fire extinguishers
other than type  2-A-10BC  will  continue  to  be  approved  if  they  are
maintained in the area for which approved.

  History:  1983 AACS.


R  400.4535   Fire alarm.
  Rule 535. (1) All new and converted large and  secure  facilities  shall
have a fire alarm with fire alarm  pull-stations  at  each  exit  on  each
floor.
  (2) All new and converted small facilities  with  resident  sleeping  on
only 1 floor shall have  at  least  a  fire  alarm  device.  All  new  and
converted small facilities with sleeping on more than 1 floor shall have a
fire alarm system with at least 1 pull-station on each level.
  (3) Fire alarm systems and  devices  in  existing  facilities  shall  be
maintained in proper working order and shall continue to be approved until
the facility is remodeled or converted.

  History:  1983 AACS.


R  400.4538   Means of egress.
  Rule 538. (1) Means of egress shall be considered  the  entire  way  and
method of passage to free and safe ground outside a facility. All required
means of egress shall  be  maintained  in  unobstructed,  easily  traveled
condition at all times.
  (2) In an existing facility,  each  resident-occupied  room  shall  have
access to not less than 2 independent, properly separated, approved  means
of egress or have a doorway leading directly to the outside at grade.
  (3) In multistory secure and large  facilities,  at  least  1  means  of
egress from each floor shall be direct to the outside or shall be  through
an enclosed stairway which is properly separated from exposure from floors
below and which exits direct to the  outside  at  grade  or  a  previously
approved escape window.
  (4) In a small facility where ambulatory residents use a floor above the
street level, 1 of the 2 required means  of  egress  may  be  an  approved
escape window from  each  resident-occupied  room  which  provides  direct
access to the ground and which has a sill height  not  more  than  5  feet
above the ground below or  which  provides  access  to  an  approved  fire
escape.
  (5) In a newly  constructed,  remodeled,  or  converted  facility,  each
resident-occupied story, including  a  resident-occupied  basement,  shall
have not less than 2 independent approved means of egress separated by not
less than 50% of the longest  dimension  of  the  story.  Where  possible,
resident sleeping rooms shall be located between approved means of egress.
When this is not possible, each exit shall be arranged so that no corridor
or aisle has a pocket or deadend exceeding 20 feet with not  more  than  4
residents having sleeping rooms with exit access on  such  a  corridor  or
aisle. There shall not be a hazardous area on such a dead-end corridor  or
aisle.
  (6) In a newly constructed, remodeled,  or  converted  large  or  secure
facility, additional means of egress, in addition  to  the  minimum  of  2
required from each story, are required if the maximum  possible  occupancy
exceeds 100 residents per story. There shall  be  at  least  1  additional
means of egress for each 100 additional  residents  per  story.  Means  of
egress shall be of such number and so arranged that it is not necessary to
travel more than 100 feet from the door of  a  resident-occupied  room  to
reach the nearest approved protected exitway from that story.
  (7) An elevator shall not be approved as a required means of egress.
  (8) A means of egress shall not be used for the housing of residents  or
storage of any kind and shall not be obstructed or  hidden  from  view  by
ornamentation, curtains, or other appurtenances.
  (9) Each required  means  of  egress  from  floors  where  nonambulatory
residents are permitted shall discharge at grade or shall be equipped with
a ramp which terminates at grade level. Ramps shall not exceed 1  foot  of
rise in 12 feet of run and shall have sturdy  handrails.  Once  at  grade,
there shall be a surface sufficient to permit occupants  to  move  a  safe
distance from the facility.
  (10) In a small facility housing 1 or more nonambulatory  or  wheelchair
residents, required exitways forming part of a required  means  of  egress
from portions of the facility housing such residents  shall  be  not  less
than 48 inches wide in a new facility and not less than 44 inches wide  in
a converted facility, with doors a minimum of 36 inches wide.

  History:  1983 AACS.


R  400.4540   Stairways, halls, and corridors.
  Rule 540. (1) In existing and small facilities, all stairways and  other
vertical  openings  shall  be  enclosed  with  materials  equal  in   fire
resistance to the standard partition construction of the building, if such
partition construction is at least standard lath and plaster. There  shall
be at least 1 3/4-inch solid core wood door with self-closing and latching
hardware installed so that there is effective fire  and  smoke  separation
between floors or each sleeping room on the second floor shall be equipped

with at least 1 1 3/4-inch solid core wood door with latching hardware.
  (2) In all new and converted  large  and  secure  facilities,  stairways
shall be enclosed with  materials  having  at  least  the  fire-resistance
rating specified by the  national  fire  protection  association  pamphlet
no. 220, 1979, for the type of construction. All other  vertical  openings
through floors shall be fire-stopped with like materials.
  (3) Where a facility has 2 or fewer levels, where both  levels  exit  at
grade, and where elevations between levels  do  not  exceed  4  feet,  the
building shall be considered to be 1 story and  enclosures  shall  not  be
required between levels.
  (4) In all new and converted facilities, stairs shall  have  treads  and
risers of uniform width and height, with treads not less than 9 1/2 inches
deep, exclusive of nosing, and risers  not  more  than  7  3/4  inches  in
height.
  (5) Stairs in new, remodeled,  and  converted  facilities  shall  change
direction by use of an intermediate landing and not by a variance  in  the
width of treads. A sturdy and securely fastened handrail  located  between
30 and 34 inches, measured vertically, above the nose of the treads  shall
be provided.
  (6) Stairs in existing  facilities  approved  before  these  rules  take
effect shall continue to be approved until the  portion  of  the  building
encompassing the stairs is remodeled.
  (7) An outside stairway or fire escape used as part of an approved means
of egress shall be protected against fire in  the  building  by  blank  or
closed walls directly under such stairway and for a distance of 6 feet  in
all directions. Windows may be  allowed  within  this  area  if  they  are
stationary wire glass windows.
  (8) In newly constructed small facilities, halls, corridors, aisles, and
stairs used as part of a means of egress shall be not less than 44  inches
wide and not less than 36  inches  wide  in  converted  small  facilities,
except as required by R 400.4538(10).
  (9) In newly constructed and  converted  large  and  secure  facilities,
halls, corridors, and aisles used as part of an exitway shall be not  less
than 5 feet wide and 90 inches high, and stairs shall be not less  than  4
feet wide.

  History:  1983 AACS.


R  400.4543   Doors.
  Rule 543. (1) Doors to required means of egress shall comply with all of
the following provisions:
  (a) Be side-hinged and installed at floor level.
  (b) Be not less than 36 inches wide  in  new  and  converted  large  and
secure facilities and new small facilities, and not less  than  30  inches
wide in remodeled and converted small facilities, except  as  required  by
R 400.4538(10).
  (c) Be not less than 78 inches high in  new,  remodeled,  and  converted
facilities.
  (d) In large and secure facilities, doors shall be hung to swing in  the
direction of egress, except doors to single-occupant rooms and  bathrooms.
  (e) Be equipped with at least knob-type, properly  operating,  approved,
positive-latching, nonlocking-against-egress-type hardware  which  insures
the opening of the door with a single motion, such as turning  a  knob  or
applying pressure of normal strength on a latch, except as where otherwise
provided by subrule (2) of this rule and R 400.4545.
  (2) In secure facilities, locking  hardware  is  permitted  if  resident
sleeping rooms are equipped with approved electric locks or if  there  are
staff present and awake, fully dressed, on duty, and in possession of keys
to release residents in an emergency.
  (3) Doors entering stairs and other vertical openings and doors to  fire
rated enclosures shall not be held in an open position at any time  by  an
underdoor wedge or hold-open device.
  (4) Interior doors to any enclosure which is required to have  not  less
than a 1-hour fire resistance rating shall  be  B-labeled  fire  doors  in
labeled frames and shall be equipped with positive-latching  hardware  and
self-closing devices.

  History:  1983 AACS.


R  400.4545   Behavior management room.
  Rule 545. (1) A behavior management room shall be  approved  in  writing
for use as such  by  the  fire  inspecting  authority  and  the  licensing
authority.
  (2) A behavior management room shall be constructed to  allow  for  both
visual and auditory supervision of a resident in the room.
  (3) A behavior management room shall have  walls  and  ceiling  made  of
noncombustible materials.
  (4)   A   behavior    management    room    may    have    1    approved
locking-against-egress device on the door if a staff person is immediately
present and awake and is in possession of  a  key  for  the  door  locking
device when the room is being used.

  History:  1983 AACS.


R  400.4546   Partition construction.
  Rule 546. In new, remodeled, or converted large and  secure  facilities,
rooms shall be separated from corridors  used  as  means  of  egress  with
partition construction which extends to the floor or deck above and  which
affords at least a 3/4-hour fire resistance  rating.  Doors  shall  be  at
least 1 3/4-inch solid wood core. Any glass in these partitions, including
doors, shall be wired glass which is not more than  54  inches  in  any  1
lineal dimension and not more than a total of 1,296 square  inches.  Where
glass breakage is a potential hazard, clear acrylic may be placed directly
in contact with and  between  2  layers  of  wired  glass  to  give  added
strength. This rule does not apply where the type of construction requires
more restrictive separation.

  History:  1983 AACS.


R  400.4548   Large and secure facilities; lighting in means of egress.
  Rule 548. (1) In large and secure facilities, all halls, stairways,  and
means of egress shall be constantly lighted. Approved exit signs shall  be
installed over  each  required  exit.  Exit  directional  signs  shall  be
provided where exit signs are not readily visible in means of  egress.  In
new and converted large and  secure  facilities,  the  circuits  for  this
lighting shall be installed ahead of the main power disconnect.
  (2) In new and converted multistory large and secure  facilities,  there
shall be a system of emergency  backup  capable  of  maintaining  required
lighting for not less than 24 hours in the event of power failure.

  History:  1983 AACS.


R  400.4550   Elevators and dumbwaiters.
  Rule 550. Elevator and dumbwaiter shafts shall be completely enclosed by
noncombustible materials with a fire-resistance rating of not less than  1
hour. An opening shall not be permitted through the  side  wall  enclosure
for ventilation or for any  other  purpose.  Doors  and  frames  servicing
elevators and dumbwaiters shall be approved B-labeled fire door assemblies
and labeled fire frame  construction  and  shall  be  hung  so  as  to  be
reasonably smoketight when  the  doors  are  closed.  Glass  side  lights,
transoms, and panels above the doors shall be wire  glass  and  shall  not
exceed 100 square inches.

  History:  1983 AACS.


R  400.4552   Heating devices and flame-producing devices.
  Rule 552. (1) In large and secure facilities and all  newly  constructed
and  converted  facilities,  flame-producing-type  heating   devices   and
incinerators shall be in an enclosure providing at least 1-hour resistance
to fire. Adequate combustion air  shall  be  provided  directly  from  the
outside through a permanently open louver. Fire dampers are  not  required
in ducts penetrating this enclosure.
  (2) In existing small facilities, flame-producing-type  heating  devices
and incinerators approved under the standards these  rules  replace  shall
continue to be approved with regard to  enclosure  or  lack  of  enclosure
until the portion of the facility containing the flame-producing device is
remodeled  or  the  facility  is  converted.  This  shall   not   preclude
requirements relative to maintaining doors and  other  safety  factors  in
proper working order.
  (3)  Electric  heating  shall  be  installed  in  accordance  with   the
manufacturer's specifications  and  shall  be  approved  by  a  nationally
recognized, independent testing laboratory.
  (4) Portable heaters and space heaters, including  solid  fuel  heaters,
are prohibited.
  (5) A fireplace is permitted if  it  is  masonry  and  has  all  of  the
following components:
  (a) An approved glass door shielding the  opening.  The  door  shall  be
closed at all times except when a fire is being tended.
  (b) A noncombustible hearth extending a minimum of 16  inches  out  from
the front and 8 inches beyond each side of the fireplace opening.
  (c) A noncombustible face extending not less than 12 inches above and  8
inches on each side of the fireplace opening.
  (d) A masonry chimney constructed with approved flue liners.
  (6) A heating plant room shall not be used for  combustible  storage  or
for a maintenance shop unless sprinklered.
  (7)  A  furnace  and  other  flame-producing  unit  shall  be  installed
according to manufacturer and test specifications and shall be  vented  by
metal ducts to a chimney which  is  constructed  of  bricks,  solid  block
masonry, or reinforced concrete, which has an approved flue lining, and is
properly erected and maintained in a safe condition. A bracket chimney  is
not permitted. This rule does not prohibit the installation and use of any
prefabricated  chimney  bearing  the  label  of  an  approved,  nationally
recognized, independent testing laboratory if the chimney is installed and
used in accordance  with  manufacturer  and  test  specifications  and  is
compatible with the heating unit or units connected to it. Only  gas-  and
oil-fired units may be connected to a prefabricated chimney.

  History:  1983 AACS.


R  400.4554   Air-handling equipment.
  Rule 554.  (1)  In  newly  constructed  or  converted  large  or  secure
facilities,  air-conditioning,  warm  air  heating,   air   cooling,   and
ventilating  systems  shall  comply  with  the  national  fire  protection
association pamphlet no. 90A, entitled "Air Conditioning  and  Ventilating
Systems," 1978.
  (2) In newly constructed or converted large or secure  facilities,  fans
and air handling equipment used for recirculating air in more than 1  room
or single area shall have a thermostatic device with a setting of not more
than 125 degrees  Fahrenheit  or  an  approved  automatic  smoke  detector
located in the system at a suitable point in the return air duct ahead  of
the fresh air intake, the actuating of which  shall  open  the  electrical
circuit supplying the fan motor. Fan rooms shall not be designed  or  used
for any other use except housing other mechanical equipment.
  (3) In existing facilities, fans and air-handling equipment and  systems
approved in accordance  with  the  standards  these  rules  replace  shall
continue to be approved until the facility is converted.  This  shall  not
preclude requirements relative to maintaining the equipment and systems in
proper and safe working order.

  History:  1983 AACS.


R  400.4555   Smoke barriers.
  Rule 555. (1) Smoke barriers with a 1-hour fire resistance rating  shall
be provided on each floor  used  for  sleeping  rooms  for  more  than  24
residents and shall be so located as to form an area of refuge  on  either
side that is served with an approved means of egress. The  barriers  shall
be located as close as possible to the middle of the floor to be protected
and shall extend from outside wall to outside  wall  and  from  the  floor
through any interstud spaces to the roof or floor structure above.
  (2) Doors in the smoke barrier shall be at least  C-labeled  fire  doors
hung in labeled frames  with  self-closing  devices.  Where  double  doors
without mullions are used, synchronizing hardware and astragals  shall  be
installed.
  (3) Doors in smoke barrier partition may be held open only  by  electric
hold-open devices designed so that interruption of the electric current or
actuation of the fire alarm,  sprinkler  system,  or  the  heat  or  smoke
detector will cause the release of the doors.  The  doors  shall  also  be
capable of being opened and closed manually.

  History:  1983 AACS.


R  400.4557   Storage rooms.
  Rule 557. Storage rooms larger than 100 square feet used for the storage
of combustible materials shall be separated  from  the  remainder  of  the
facility by construction with at least  a  1-hour  fire  resistance  rated
construction.

  History:  1983 AACS.


R  400.4559   Combustible storage.
  Rule 559.  (1)  In  a  new,  remodeled,  or  converted  large  facility,
hazardous areas and rooms for storage of combustible materials,  including
all janitor rooms and closets, except as provided by subrule (2)  of  this
rule, linen rooms, except  as  provided  by  subrule  (2)  of  this  rule,
shipping and receiving rooms, kitchen storage rooms, and maintenance shops
shall be separated from the remainder  of  the  building  by  construction
having at least a 1-hour fire resistance rating and shall be protected  by
automatic sprinklers.
  (2) In a new, remodeled, or converted  large  facility,  janitor  rooms,
closets, and linen rooms of less  than  21  square  feet  do  not  require
automatic sprinklers when located on a corridor or in an area not used  as
part of a required means of egress or where these rooms and closets are on
an egress corridor and the door to such  is  a  B-labeled  fire  door  and
labeled frame.
  (3) In an existing facility, combustible  materials  storage  rooms  and
hazardous  areas,  including  janitor  rooms  and  closets,  shipping  and
receiving rooms, kitchen storage rooms,  and  maintenance  shops  approved
before these rules take effect, shall continue to be  approved  until  the
facility or portion thereof is remodeled or converted.

  History:  1983 AACS.


R  400.4560   Cooking appliances.
  Rule  560.  (1)  Cooking  appliances  shall  be  suitably  installed  in
accordance with approved safety practices.
  (2) Where metal hoods or canopies are  provided  over  domestic  cooking
appliances, they shall be equipped with filters which shall be  maintained
in an efficient and clean condition.
  (3) In a newly constructed, remodeled, or  converted  large  and  secure
facility, where metal hoods  or  canopies  are  provided  over  commercial
kitchen cooking  appliances,  they  shall  be  designed  and  equipped  in
compliance with the national fire protection association pamphlet  no. 96,
entitled "Standard for the Installation of Equipment for  the  Removal  of
Smoke and Grease Laden Vapors from Commercial  Cooking  Equipment,"  1980,
and shall comply with all of the following requirements:
  (a) Filters shall be maintained in an efficient and clean condition.
  (b) Only vaporproof electrical wiring and equipment shall  be  permitted
in hoods or canopies.
  (c) Exhaust ducts from hoods shall be run to the outside by the shortest
possible route. When exhaust ducts are run through open spaces  between  a
ceiling and a floor or roof or through any floors above, the  ducts  shall
be enclosed in horizontal or vertical shafts protected from the  remainder
of the building by construction which affords  a  2-hour  fire  resistance
rating.
  (d) Fire extinguishment equipment for the hood and  exhaust  duct  of  a
cooking appliance in a kitchen shall be in compliance  with  the  national
fire protection association pamphlet no. 96, entitled  "Standard  for  the
Installation of Equipment for the Removal of Smoke and Grease Laden Vapors
from Commercial Cooking Equipment," 1980.
  (4) In an existing facility, metal hoods and  canopies  approved  before
these rules take effect shall continue to be approved until  the  facility
or  portion  thereof  which  incorporates  the  kitchen  is  remodeled  or
converted. When the kitchen is remodeled or  the  facility  is  converted,
hoods  or  canopies  for  cooking  appliances  shall   comply   with   the
requirements of this rule for new construction. Filters  in  any  hood  or
canopy in an existing facility shall be maintained  in  an  efficient  and
clean condition.

  History:  1983 AACS.


R  400.4562   Rubbish handling and incinerators.
  Rule 562. (1) In a newly constructed, remodeled, or converted  large  or
secure facility, rubbish handling and incinerators shall be in  accordance
with the national fire protection association  pamphlet  no. 82,  entitled
"Incinerators, Rubbish Handling," 1977. Rubbish chutes and refuse bins  or
rooms shall comply with the provision of this pamphlet for industrial-type
incinerators. Approved 2-bushel or less gas incinerators may be placed  in
an approved furnace room and shall be  equipped  with  approved  automatic
100% shutoff controls, including a  safety  pilot.  Feed  doors  shall  be
located in an enclosed sprinklered  room  or  compartment  separated  from
other parts of the building by  walls,  floor.  and  a  ceiling  having  a
fire-resistance rating of not less than 1 hour with openings to such rooms
or compartments protected by approved B-labeled  fire  door  assembly  and
fire door frames.
  (2) In a newly constructed, remodeled,  or  converted  large  or  secure
facility, rubbish chutes shall extend not less than 4 feet above the  roof
and shall be covered by a metal skylight glazed with thin  pane  glass.  A
sprinkler head shall be installed at the top of rubbish chutes and  within
the chutes at alternate floor levels in buildings more than 2  stories  in
height. A rubbish chute shall empty into a separate room, closet,  or  bin
constructed of materials having at least a 1-hour resistance to  fire  and
protected with an automatic sprinkler system.
  (3) In new construction, incinerator rooms shall have at least 1 wall on
an outside wall not exposing a closed court.
  (4) In an existing  large  or  secure  facility,  rubbish  handling  and
incinerators approved before these rules take effect shall continue to  be
approved until the facility is converted or the portion  of  the  facility
which  includes  the  rubbish  handling  facilities  or  incinerators   is
remodeled.

  History:  1983 AACS.


R  400.4563   Laundries.
  Rule 563. (1) In a newly constructed, remodeled, or converted  large  or
secure facility with a laundry, the laundry shall comply with all  of  the
following requirements:
  (a) Be located in a room constructed of materials  that  have  a  1-hour
fire resistance rating. The laundry shall  be  protected  by  an  approved
automatic  sprinkler  system.   When   a   laundry   is   located   in   a
nonresident-occupied level,  a  sprinkler  system  is  not  required  when
domestic laundry equipment is used.
  (b)  Have  steam  lines  installed  with   a   1-inch   clearance   from
combustibles.
  (c) Have dryers constructed  of  metal.  Lint  traps  shall  be  cleaned
frequently.
  (d) Have 100% automatic and manual shutoff controls for  gas  appliances
other than domestic laundry equipment, which need only have manual shutoff
controls.
  (e) Have adequate  outside  air  for  combustion  where  combustion-type
equipment is used.
  (2) In a newly constructed, remodeled, or  converted  facility,  laundry
chutes shall be in compliance with all of the following requirements:
  (a) Be enclosed in shafts constructed of an assemblage of noncombustible
materials having at least a 1-hour resistance to fire. If the  shaft  does
not extend through the roof of the building, the top shall be covered with
noncombustible material affording at least a 1-hour  resistance  to  fire.
There shall be no openings into the shaft other than  those  necessary  to
the intended use of the laundry chute. Feed doors shall be located  in  an
enclosed sprinklered room or compartment separated from other parts of the
building by walls, a floor, and a ceiling having a fire-resistance  rating
of not less than 1 hour  with  openings  to  such  rooms  or  compartments
protected by B-labeled fire doors and in labeled frames.
  (b) Have a sprinkler head installed at the top of the chutes and  within
the laundry chutes at alternate floor levels in buildings over 2 stores in
heights.
  (c) Empty into a separate room, closet, or bin constructed of  materials
having at least a 1-hour resistance to fire  and  protected  by  automatic
sprinklers.
  (d) Have an open vent at the top where the  shaft  extends  through  the
roof of the building, a skylight which is glazed with ordinary  glass  and
which is not less than 10% of the shaft area,  or  a  window  of  ordinary
glass which is not less than 10% of the shaft area and which is  set  into
the side of the shaft with the sill of the window not  less  than  2  feet
above the roof level and 10 feet from any property line or other  exposure
it faces.
  (3) In an existing  facility,  laundry  facilities  and  laundry  chutes
approved before these rules take effect  shall  continue  to  be  approved
until the facility is converted or  the  portion  of  the  facility  which
includes the laundry facility or chute is remodeled.

  History:  1983 AACS.


R  400.4564   Motor vehicle housing.
  Rule 564. A motor vehicle or gasoline-powered equipment or devices which
may cause or communicate fire and are not necessary for the personal  care
of residents shall not be  stored  within  a  facility,  unless  the  area
housing such equipment is separated from  the  rest  of  the  facility  by
materials having at least a 1-hour fire resistance rating.

  History:  1983 AACS.


R  400.4566   Garages.
  Rule 566. (1) Garages located  beneath  a  facility  shall  have  walls,
partitions, floors, and ceilings separating the garage space from the rest
of the  facility  by  construction  with  not  less  than  a  1-hour  fire
resistance rating.
  (2) In newly constructed, remodeled, or converted facilities,  a  garage
located beneath the facility shall be sprinklered.
  (3) Garages attached to a facility shall be  completely  separated  from
the rest of the facility by construction with not less than a 1-hour  fire
resistance rating.
  (4) In all new, remodeled, or converted facilities,  the  sills  of  all
door openings between the garage and breezeway or garage and the  facility
shall be raised not less than 4 inches above the garage.
  (5) In existing facilities, garages located beneath or attached  to  the
facility approved before these rules take  effect  shall  continue  to  be
approved until the facility is converted or the portion  of  the  facility
containing the garage is remodeled.

  History:  1983 AACS.


R  400.4568   Assemblage area.
  Rule 568. A  resident  use  assemblage  area  in  a  newly  constructed,
remodeled, or converted facility, such as a recreation room, dining  hall,
or chapel, with an occupancy of 51 or more persons,  as  computed  by  the
public  assemblage  regulations,  shall  be  maintained  and  arranged  in
accordance  with  R 28.101  to  R 28.112  governing   places   of   public
assemblage. These rules may be obtained from  the  department.  Each  door
from an assemblage area occupied  by  residents  shall  enter  a  corridor
between exits or there shall be direct egress to  the  outside  from  each
room. In an existing facility,  assemblage  areas  approved  before  these
rules take effect shall continue  to  be  approved  until  the  areas  are
remodeled or converted.

  History:  1983 AACS.



         PART 6. FIRE SAFETY FOR RESIDENTIAL GROUP HOME FACILITIES

R  400.4601   Definitions.
  Rule 601. As used in this part:
  (a) "Approved" means acceptable to the department  and  fire  inspecting
authority and in accordance with these rules.  The  department  makes  the
final approval based on recommendations from the fire inspecting authority
and recognized national standards.
  (b) "Basement" means that portion of  a  building  below  grade  but  so
located that the vertical distance from the grade  to  the  floor  is  not
greater than the vertical distance from the grade to the ceiling. However,
where the ceiling of such portion of a building is located 5 feet or  more
above grade for more than 25% of the perimeter measurement of the building
or part of the building affected, it shall be classed as a first story.
  (c) "Combustible" means that any part of a material can ignite and burn.
  (d) "Conversion" or "converted" means a change, after the effective date
of these rules, in the use of a facility  or  portion  thereof  from  some
previous use to that of a licensed or approved institution, or an increase
in capacity from a residential group home facility to a small facility  or
a large facility or a change in a secure facility, or, after the effective
date of these rules, a change from caring for ambulatory residents only to
caring for 1 or more nonambulatory residents. A converted  facility  shall
comply with the provisions of these rules for fire  safety  for  converted
facilities.
  (e) "Existing facility" means a building which is licensed  or  approved
by the department as an open institution for 6 or fewer residents  at  the
time these rules take effect and which is not unoccupied or unlicensed for
more than 90 consecutive days thereafter. Where an increase in capacity or
change in use affects fire safety requirements, the facility shall  comply
with all applicable requirements prior to the increase or change  in  use.
  (f) "Facility" means a building owned, leased, or primarily rented by  a
child care organization for use as a residential group  home  facility  to
house and sleep residents. "Facility" includes new, remodeled,  converted,
and existing facilities.
  (g) "Fire alarm device" means an approved device capable of sounding  an
alarm. A fire alarm shall be specifically designated as such and shall not
be used for any purpose other than sounding an  alarm  of  fire  or  other
emergency or for fire drills. The device shall be loud enough to be  heard
throughout the facility under normal conditions. A device may be a bell, a
horn, a whistle, or any other device acceptable  to  the  fire  inspecting
authority.
  (h) "Fire resistance rating"  means  the  time  in  hours  or  fractions
thereof that materials or their assemblies will resist  fire  exposure  as
determined by fire tests established and  conducted  by  approved  testing
laboratories.
  (i) "Large facility" means  a  building  used  to  house  more  than  15
residents.
  (j) "Means of egress or exit" means an  unobstructed  way  of  departure
from any point in a building to safe open air outside at grade.
  (k) "Newly constructed," "new construction," or "new facility"  means  a
structure or addition to a facility after  the  effective  date  of  these
rules.
  (l) "Nonambulatory" means a resident, including a resident confined to a
wheelchair, who is physically or mentally incapable of traversing  a  path
to safety without the aid of another person. A path to safety includes the
ascent and descent of any stairs or other approved means  of  egress  from
the building.
  (m) "Remodeled" means  changes  in  a  facility  which  modify  existing
conditions and includes renovation. Remodeled and  affected  areas  of  an
institution shall conform to the provisions of these rules for fire safety
for remodeled and converted facilities. Unaffected areas of a facility are
not required to conform to  the  required  provisions  for  remodeled  and
converted facilities.
  (n) "Residential group home facility" means a building used to house not
more than 6 residents and is not a secure facility.
  (o) "Second story" means the story of a building above the highest story
which has a means of egress that is not more than 4 feet to grade.
  (p) "Secure facility" means a building used as a detention facility or a
secure institution. The building or portions of the building are  used  to
keep residents in custody. Outside doors  and  individual  sleeping  rooms
usually have locks which are secure from the inside. The locks are used in
the usual course of operation.
  (q) "Small facility" means a building which houses not less than  7  nor
more than 15 residents and which is not a secure facility.
  (r) "Street floor" means the lowest story of a facility which is  not  a
basement.
  (s) "Story" means that part of a building between a floor and the  floor
or roof next above.

  History:  1983 AACS.


R  400.4602   Applicability.
  Rule 602. The rules set forth in this part apply  to  residential  group
home facilities.

  History:  1983 AACS.


R  400.4606   Evacuation training and telephone.
  Rule 606. (1) Staff shall be trained in evacuation of  the  facility  in
the event of emergency. A record shall be maintained of the training.
  (2) There shall be a telephone for communicating an alarm of fire to the
fire  department.  A  pay  phone  is  not  acceptable  as  a   phone   for
communicating an alarm of fire.
  (3) The telephone number of the fire department shall be posted  by  all
phones.

  History:  1983 AACS.


R  400.4608   Facility location.
  Rule 608. A residential group home facility  shall  not  be  established
within 300 feet  of  an  aboveground  storage  tank  containing  flammable
liquids used in connection with a bulk plant,  marine  terminal,  aircraft
refueling, or bottling plant of a liquid  petroleum  gas  installation  or
other similar hazard.

  History:  1983 AACS.


R  400.4612   Combustible materials and decorations.
  Rule 612. (1) A residential group home facility shall be  kept  free  of
all accumulation of combustible materials other than those  necessary  for
the daily operation of the residential group home.
  (2) Easily ignited or rapidly burning combustible  decorations  are  not
permitted in a facility. Personal artwork and personal decorations made or
owned by residents are permitted up to 6 square feet of wall space in each
room or area other than means of egress or hazardous areas.

  History:  1983 AACS.


R  400.4613   Basement as sleeping room prohibited.
  Room 613. A basement shall not be used for sleeping.

  History:  1983 AACS.


R  400.4615   Electrical service.
  Rule 615. (1) The electrical service  shall  be  maintained  in  a  safe
condition.
  (2) Where the inspecting authority believes  there  is  a  need  for  an
inspection  of  the  electrical  system  because  of  its  condition,  the
electrical service shall be inspected by a qualified electrical inspection
service. A copy of the  inspection  report  shall  be  maintained  at  the
facility for review.
  (3) Where an electrical system inspection indicates deficiencies in  the
electrical system, the deficiencies shall be corrected and  a  certificate
of approval shall be  maintained  at  the  facility  confirming  that  all
deficiencies related to the electrical system have been corrected.

  History:  1983 AACS.


R  400.4617   Residential group home facility construction.
  Rule 617. A residential  group  home  facility  shall  be  at  least  of
ordinary construction, light platform frame, and not over 2  stories  high
above the highest grade.

  History:  1983 AACS.


R  400.4618   Locked behavior management room prohibition.
  Rule 618. A locked behavior  management  room  is  not  permitted  in  a
residential group home facility.

  History:  1983 AACS.


R  400.4620   Interior finish.
  Rule 620. (1) The  following  alphabetical  classification  of  finished
materials for flame spread and smoke development,  as  determined  by  the
tunnel test in accordance with the national fire  protection  association,
pamphlet no. 255, 1979; American society of  testing  materials  E-84-77A,
1978; or underwriters laboratories pamphlet no. 723, 1977, shall  be  used
to determine interior finishes:

Class                   Flame Spread                    Smoke Developed

A                       0 - 25                          0 - 50
B                       26 - 75                         51 - 125
C                       76 - 200                        126 - 200

The  same  alphabetical  classification  is  used  for  combustibility  of
prefabricated accoustical tile units, only  under  federal  specifications
test no. SS-5-118a.
  (2) The classification of interior finish materials as  to  their  flame
spread and smoke development shall be that of  the  basic  material  used,
without regard to subsequently applied paint or  other  coverings,  except
where such paint or other covering is of such  a  character  or  thickness
where applied so as to affect the material classification.  Finishes  such
as lacquer, polyurethane-based materials,  or  unapproved  wall  coverings
shall not be used.
  (3) In a newly constructed, remodeled, or  converted  residential  group
home, an interior  finish  classification  shall  be  that  of  the  basic
material used, without regard  to  subsequently  applied  paint  or  other
covering in an attempt to meet the classification.
  (4) In an existing residential facility, where an interior finish at the
time these rules take effect does not comply with subrule (3) of this rule
and where an interior finish is applied to or furred out not more  than  1
inch from a continuous noncombustible backing, an interior finish may have
the surface protected with an approved fire retardant  coating  so  as  to
meet the interior finish requirements.
  (5)  Interior  finishes  and  materials  shall  be  at  least  class   C
throughout.

  History:  1983 AACS.


R  400.4623   Smoke detection equipment.
  Rule 623. (1) A residential group home facility shall be protected by at
least battery-operated smoke detection devices installed  in  all  of  the
following areas:
  (a) Between sleeping areas and the other areas of the facility.
  (b) At the top of all interior stairways.
  (c)  In  the  immediate  vicinity   of   combustion-type   heating   and
incinerating devices, where such devices are not in an enclosure providing
at least 1-hour resistance to fire. Where such devices are  in  enclosures
which provide at least 1-hour resistance to fire, a fire detection  device
shall be immediately outside of the enclosure.
  (d) At least 1 on every floor.
  (2) Fire detection devices  shall  comply  with  all  of  the  following
requirements:
  (a) Be listed  or  labeled  by  an  independent,  nationally  recognized
testing laboratory.
  (b) Be installed and maintained in accordance  with  the  manufacturer's
and test specifications.
  (c) Be cleaned and tested at least quarterly.
  (d) Have the batteries replaced at least annually.
  (e) Be of a type that provides a signal when batteries are not providing
sufficient power and where batteries are missing.
  (3) Any device required by this rule which signals that power is low  or
a battery is missing shall be immediately serviced and  restored  to  full
power.
  (4) A written record shall be maintained in the  facility  of  quarterly
cleanings and testing of devices and of annual battery replacements.
  (5) In an existing  residential  group  home  facility,  fire  detection
systems approved before these rules  take  effect  shall  continue  to  be
approved. In an existing residential group home facility and in any  other
residential group home facility with a fire  detection  system,  the  fire
detection system shall be maintained in proper working order.

  History:  1983 AACS.


R  400.4632   Fire extinguishers.
  Rule 632. (1) All required fire extinguishers shall be  subjected  to  a
maintenance check at least once a year. Each fire extinguisher shall  have
a tag or label attached indicating the  month  and  year  maintenance  was
performed and identifying the person or company performing the service.
  (2) All required extinguishers shall be recharged after use.
  (3) A minimum of 1 approved fire extinguisher shall be provided on  each
floor.
  (4) All fire extinguishers shall be not less than 4 inches off the floor
and the top of the extinguisher shall not be higher than 5  feet  off  the
floor in a special cabinet or on a wall rack which is easily accessible at
all times, unless programmatically contraindicated. Where programmatically
contraindicted, the required extinguishers may be kept behind locked doors
if all staff carry keys to the doors.
  (5) In new, remodeled, or  converted  facilities,  a  fire  extinguisher
shall be at least a type 2-A-10BC.
  (6) In existing facilities, previously approved fire extinguishers other
than a 2-A-10BC type will continue to be approved if they  are  maintained
in the area for which approved.

  History:  1983 AACS.


R  400.4635   Fire alarm systems.
  Rule 635. A residential group home facility shall  be  equipped  with  a
fire alarm device. The device shall be used only  to  sound  an  alarm  of
fire, for practice drills, and other emergencies requiring  evacuation  of
the facility.

  History:  1983 AACS.


R  400.4638   Means of egress.
  Rule 638. (1) Means of egress shall be considered  the  entire  way  and
method of passage to free and safe ground outside a facility. All required
means of egress shall  be  maintained  in  unobstructed,  easily  traveled
condition at all times.
  (2) There shall be not less than 2 means of egress from the street floor
story. At least 1 of the 2 means of egress shall be through a  side-hinged
door. The door shall be a minimum of 30 inches wide, except as provided in
R 400.4639. The second means of egress may be a sliding glass door.
  (3) A second story shall only be used by ambulatory residents and  shall
comply with 1 of the following requirements:
  (a) Two open stairways separated by not less than  50%  of  the  longest
dimension of the story.
  (b) One open interior stairway and 1 exterior stairway  or  fire  escape
separated by not less than 50% of the longest dimension of the  story.  An
exterior stairway or fire escape does not require protection from fire  in
the building. An exterior stairway or fire escape shall be constructed  of
not less than 2-inch nominal lumber and be in good repair.
  (c) One interior stairway and all floors separated  by  materials  which
afford at least a 3/4-hour fire resistance rating.  The  doors  separating
floors shall be at least 1 3/4-inch solid wood core and shall be  equipped
with latching hardware and self-closing devices. Each sleeping room on the
second story shall have a window of not less than 5 square  feet  with  no
dimension less than 22 inches to allow for emergency rescue.
  (4) A basement used by residents requires 1 means of egress which may be
a stairway. The stairway may be an open stairway, except  as  required  by
subrule (3)(c) of this rule.

  History:  1983 AACS.


R  400.4639   Special requirements for facilities caring for nonambulatory
  residents.
  Rule 639. A residential group home facility providing care to 1 or  more
nonambulatory residents shall comply with all of the following provisions:
  (a) House such residents only on the street floor.
  (b) Have required exitways which are not less than 48 inches wide  in  a
new facility and not less than 44 inches wide in an existing or  converted
facility. Doors shall be a minimum of 36 inches wide.
  (c) Have required exits discharge at grade level or have required  exits
equipped with ramps. Ramps shall not exceed 1 foot of rise in 12  feet  of
run and shall have sturdy handrails. Once  at  grade,  there  shall  be  a
surface sufficient to permit occupants to move a safe  distance  from  the
facility.

  History:  1983 AACS.


R  400.4640   Stairs.
  Rule 640. (1) In new and converted facilities, stairs shall have  treads
of uniform width and risers of uniform heights. Treads shall be  not  less
than 9 1/2 inches deep, exclusive of nosing, and risers shall be not  more
than 7 3/4 inches in height.
  (2) Stairs in an existing facility  approved  before  these  rules  take
effect shall continue to be approved until the  portion  of  the  building
encompassing the stairs is remodeled.

  History:  1983 AACS.


R  400.4643   Doors.
  Rule 643. (1) Doors to required means of egress shall be  equipped  with
at    least    knob-type,    properly    operating,     positive-latching,
nonlocking-against-egress-type hardware which insures the opening  of  the
door with a single motion, such as turning a knob or applying pressure  of
normal strength on a latch, except that an approved sliding  door  may  be
equipped with a non-key locking device.
  (2) Required doors entering stairs and doors to  fire  rated  enclosures
shall not be held in an open position at any time by an underdoor wedge or
hold-open device.

  History:  1983 AACS.


R  400.4652   Heating devices and flame-producing devices.
  Rule 652.  (1)  Flame-producing-type  heating  devices  and  incinerator
devices on any story used by residents shall  be  in  an  enclosure  which
provides at least 1hour resistance to  fire.  Any  interior  door  to  the
enclosure shall be of at least a B-labeled fire door in  a  labeled  frame
equipped with  latching  hardware  and  a  self-closing  device.  Adequate
combustion air shall be  provided  to  the  enclosure  directly  from  the
outside through a permanently opened  louver  or  continuous  ducts.  Fire
dampers are not required in ducts penetrating this enclosure.
  (2) Where flame-producing-type heating devices  or  incinerator  devices
are located on a story  not  used  by  residents,  there  shall  be  of  a
separation between the  story  or  stories  containing  such  devices  and
resident-used stories such that at least a 3/4-hour resistance to fire  is
provided. Any interior stairway to such  a  nonresident-used  story  shall
have at least a 1 3/4-inch solid wood core door  which  is  equipped  with
latching   hardware   and   a   self-closing   device    separating    the
non-resident-used story from resident-used stories.
  (3)  Electric  heating  shall  be  installed  in  accordance  with   the
manufacturer's specifications and  shall  be  of  a  type  approved  by  a
nationally recognized, independent testing laboratory.
  (4) Portable heaters and space heaters, including  solid  fuel  heaters,
are prohibited.
  (5) A fireplace is permitted if  it  is  masonry  and  has  all  of  the
following components:
  (a) An approved glass door shielding the  opening.  The  door  shall  be
closed at all times except when a fire is being tended.
  (b) A noncombustible hearth extending a minimum of 16  inches  out  from
the front and 8 inches beyond each side of the fireplace opening.
  (c) A noncombustible face extending not less than 12 inches above and  8
inches on each side of the fireplace opening.
  (d) A masonry chimney constructed with approved flue liners.
  (6) A heating plant room shall not be used for  combustible  storage  or
for a maintenance shop unless sprinklered.
  (7)  A  furnace  and  other  flame-producing  unit  shall  be  installed
according to manufacturer and test specifications and shall be  vented  by
metal ducts to a chimney which  is  constructed  of  bricks,  solid  block
masonry, or reinforced concrete which has an approved flue lining  and  is
properly erected and maintained in safe condition. A  bracket  chimney  is
not permitted. This rule does not prohibit the installation and use of any
prefabricated  chimney  bearing  the  label  of  an  approved,  nationally
recognized,  independent  testing  laboratory  if  it  is   installed   in
accordance with manufacturer and test  specifications  and  is  compatible
with the heating unit or units connected to it. Only  gas-  and  oil-fired
units may be connected to a prefabricated chimney.

  History:  1983 AACS.


R  400.4657   Storage rooms.
  Rule 657. Storage rooms larger than 100 square feet used for the storage
of combustible materials shall be separated  from  the  remainder  of  the
facility by construction with at least a 1-hour fire resistance rating.

  History:  1983 AACS.


R  400.4660   Cooking appliances.
  Rule 660. (1) Cooking appliances shall be of the domestic type and shall
be installed in accordance with approved safety practices.
  (2) Where hoods or canopies are provided over  the  cooking  appliances,
they shall be equipped with  filters  which  shall  be  maintained  in  an
efficient and clean condition.

  History:  1983 AACS.


R  400.4666   Garages.
  Rule 666. (1) Garages located beneath a residential group home  facility
shall have walls, partitions, floors, and ceilings separating  the  garage
from the rest of the facility by construction with not less than a  1-hour
fire resistance rating.
  (2) Garages attached to a facility shall be separated from the  rest  of
the facility by construction with not less than a 1-hour  fire  resistance
rating.

  History:  1983 AACS.