5122-33-09 Fire protection standards for adult family homes.

(A) Adult family homes, or applicants for licensing as an adult family home, are not required to have the following inspections under section 5119.71 of the Revised Code:

(1) Inspection and approval by a local certified building department or by the department of commerce as meeting the building standards referenced in division (A) of section 5119.71 of the Revised Code; or

(2) Inspection by the state fire marshal or fire prevention officer of a municipal, township, or other legally constituted fire department approved by the state fire marshal for compliance with the rules adopted under section 3737.83 of the Revised Code.

(B) Each adult family home shall be inspected by the director to determine compliance with paragraph (C) of this rule, and the plumbing requirements specified in paragraph (C) of rule 5122-33-11 of the Administrative Code. This inspection may be made at the same time as an inspection made by the director under section 5119.73 of the Revised Code and rule 5122-33-06 of the Administrative Code.

(C) Each adult family home shall comply with the following fire protection standards:

(1) Each home shall develop a written evacuation procedure which shall be explained to each resident and posted on each floor of the home. The manager and any other individuals working in the home shall be trained in fire emergency and evacuation procedures within three working days after beginning employment in the facility.

(a) Each home shall conduct fire drills at least four times each year, with each staff member participating in at least one drill annually.

(b) The written procedure shall include a floor plan indicating the location of the smoke detectors, fire extinguishers, evacuation routes and exits. The procedure also shall include a plan for evacuating all individuals in the home, including special procedures for evacuating residents with impaired mobility;

(2) Each home shall install and maintain at least one battery-operated smoke detector, or electrical smoke detector with battery back-up, on each floor of the home, including the basement and attic (except for crawl spaces and unfinished attics), and in any attached garage.

(a) The smoke detectors shall bear the seal of "Underwriters Laboratories" and shall be installed and maintained in accordance with the manufacturers' specifications.

(b) At least one such smoke detector shall be installed in each hallway where resident bedrooms are located and in or near each designated smoking area and kitchen area. A smoke detector installed in one of these areas on a particular floor satisfies the requirement that a detector be installed on that floor.

(c) The home shall check each smoke detector monthly to ensure that the battery is charged and functioning and shall maintain records documenting these monthly checks.

(d) The home shall establish, for each resident who has a disability which makes a smoke detector an ineffective fire alert mechanism for the resident, an alternate fire alert mechanism which will warn the resident adequately;

(3) Each home shall provide and maintain the following types of fire extinguishers tested and listed by "Underwriters Laboratory" or "Factory Mutual":

(a) At least one dry chemical fire extinguisher with a minimum rating of "40 BC" in the kitchen area; and

(b) At least one dry chemical fire extinguisher with a minimum rating of "2A-10 BC" on each floor of the home.

(4) Each extinguisher shall be inspected annually and refilled as necessary by an individual certified by the state fire marshal. The label on the extinguisher shall show the date of its annual inspection and refilling.

(5) Each home shall prohibit the use of electrical cooking appliances in residents' rooms;

(6) Each home shall locate non-ambulatory individuals' bedrooms on a floor that exits to ground level. As used in this paragraph, "non-ambulatory" means that the individual has any of the following conditions:

(a) The individual is unable to get in and out of bed independently;

(b) The individual is unable to walk without physical assistance from another individual; or

(c) The individual requires a wheelchair;

(7) Each home shall prohibit use of heating devices other than the main heating systems specified in paragraph (I)(7) of rule 5122-33-22 of the Administrative Code, or any of the following devices:

(a) Suspended unit heaters or unit heaters in locations other than means of egress and resident sleeping areas. These heaters may be used only if they are located high enough to be out of the reach of individuals using the area and if they have safety features to stop the flow of fuel or electricity immediately in case of either excessive temperatures or ignition failure;

(b) Fireplaces and firestoves in accordance with paragraph (I) (8) of rule 5122-33-22 of the Administrative Code; or

(c) Portable space-heating devices, if the heating elements are not open flame devices or exposed coils. Use of kerosene heaters is prohibited. Space heaters shall be grounded properly. The home shall ensure that extension cords are not used with space heaters unless the insulation and wire gauge are acceptable to the director; and

(8) Each home shall maintain all interior and exterior doors in safe operating condition and shall ensure that they are capable of latching securely when closed.

Effective: 02/17/2012
R.C. 119.032 review dates: 11/30/2011 and 02/17/2017
Promulgated Under: 119.03
Statutory Authority: 5119.79
Rule Amplifies: 5119.731
Prior Effective Dates: 5-6-1991 (Emer.), 8-4-1991, 12-16-1993, 2-25-1994, 9-5-1997, 6-17-2001, 6-1-2006, 10-1-2010