5122-35-07 Fire safety standards.

An AAA may only certify a home as an adult foster home if that home meets the following standards:

(A) The home passes a fire safety inspection completed by a certified fire safety inspector in advance of each initial certification and each recertification in accordance with the following process:

(1) The operator shall submit a request for a fire safety inspection to the local fire department. In the event the local fire department is unable to conduct the requested fire safety inspection, or in the event there are no available certified fire safety inspectors located within the political subdivision in which a home is located, the operator of the home shall request a fire safety inspection from the division of the state fire marshal at the Ohio department of commerce;

(2) The AAA shall make the ODA 1102 fire safety inspection certification and recertification form or a comparable form available to all operators of, or applicants to operate, adult foster homes within the planning and service area served by the AAA.

(3) When an operator requests a fire safety inspection, the operator shall provide the certified fire safety inspector with a copy of the ODA 1102 fire safety inspection certification and recertification form or a comparable form available to all operators of, or applicants to operate, an adult foster home within the PSA. The certified fire safety inspector conducting an inspection of a home shall use the minimum fire safety inspection form, except that inspectors from the division of the state fire marshal may use forms created by the division of the state fire marshal in lieu of the form used by the AAA. The fire safety inspector shall indicate on the form whether the home meets the fire safety standards specified in this rule;

(4) In the event that a fire safety inspector determines that a home fails to comply with the fire safety standards specified in this rule, the AAA shall notify the operator of the violations, and the operator shall correct the violations before the home can be certified or recertified. The AAA shall provide a new fire safety inspection form to the operator to be used for reinspection purposes. Once an operator has corrected all violations, the operator shall request a new fire safety inspection. No AAA shall certify or recertify a home until the fire safety inspector determines and documents on a fire safety inspection form that the home meets the minimum fire safety standards specified in this rule.

(B) The home has no combustible items stored within three feet of heat sources;

(C) The home has a fire extinguisher with a minimum rating of 2A20BC, that is in working order, that is maintained in or near the cooking area of the home, and that is inspected and approved annually in accordance with the requirements of the Ohio Fire Code;

(D) The home has an approved smoke detector that is kept and maintained in working order on each floor/level of the home;

(E) The home has a furnace that has been inspected and approved by a heating contractor at least once no more than twelve months prior to the initial certification of the home or the recertification of the home;

(F) The home has electrical wiring that is reasonably fire safe;

(G) The home has a breaker box in working order; or, the home has a fuse box that contains working fuses that are of correct amperage;

(H) The home does not utilize extension cords and flexible cords in the following manners: as a substitute for permanent wiring; affixed to structures; extended through walls, ceilings, floors, under doors or floor coverings; with evidence of environmental damage; with evidence of physical impact; or with the use of multiple plug adapters, such as cube adapters, unfused plug strips, or any other device that does not comply with NFPA 70;

(I) The home does not use a portable kerosene heater nor keep one in storage in the home;

(J) The home has an evacuation plan that is posted within the home; and,

(K) The home has a fire drill that is held at least once each calendar year and also whenever a new resident moves into the home.

Effective: 02/17/2012
R.C. 119.032 review dates: 11/30/2011 and 02/17/2017
Promulgated Under: 119.03
Statutory Authority: 5119.692
Rule Amplifies: 5119.692
Prior Effective Dates: 2-1-1994 (Emer.), 5-3-1994, 4-26-1998, 7-13-2003, 1-1-2008