WSR 02-03-060

EMERGENCY RULES

WASHINGTON STATE PATROL


[ Filed January 10, 2002, 1:46 p.m. ]

Date of Adoption: January 10, 2002.

Purpose: To adopt recognized standards for emergency respite centers to protect life against the cause and spread of fire and fire hazards pursuant to RCW 74.15.050.

Citation of Existing Rules Affected by this Order: Amending chapter 212-12 WAC, Emergency respite center -- Standard for fire protection group "LC" occupancy.

Statutory Authority for Adoption: RCW 74.15.050.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The current rules do not reference the current standards now in effect with emergency respite centers.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 23, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 23, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 23, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

January 10, 2002

Ronal W. Serpas

Chief

OTS-5372.2

EMERGENCY RESPITE CENTER -- STANDARD FOR FIRE PROTECTION

GROUP "LC" OCCUPANCY
NEW SECTION
WAC 212-12-200   Purpose.   The purpose of this regulation is to adopt recognized standards for emergency respite centers to protect life against the cause and spread of fire and fire hazards pursuant to RCW 74.15.050. Emergency respite centers are licensed by the department of social and health services and maintained and designated and operated according to the group occupancy classification of LC.

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NEW SECTION
WAC 212-12-210   Definitions.   The following definitions shall apply to this regulation:

(1) "Emergency respite center" is an agency that may be commonly known as a crisis nursery, that provides emergency and crisis care for up to seventy-two hours to children who have been admitted by their parents or guardians to prevent abuse or neglect. Emergency respite centers may operate for up to twenty-four hours a day, and for up to seven days a week. Emergency respite centers may provide care for children ages birth through seventeen, and for persons eighteen through twenty with developmental disabilities who are admitted with a sibling or siblings through age seventeen. Emergency respite centers may not substitute for crisis residential centers or HOPE centers, or any other services defined under this section, and may not substitute for services which are required under chapter 13.32A or 13.34 RCW.

(2) "Licensing agency" means the Washington state department of social and health services.

(3) "Building official" means the person or agency appointed by the governing body of each city, town or county for the administration and enforcement of the Uniform Building Code, adopted by reference by the State Building Code Act.

(4) "Fire official" means the person or agency appointed by the governing body of each city, town or county for the administration and enforcement of the Uniform Fire Code, adopted by reference by the State Building Code Act.

(5) "Fire chief" means the chief of the fire department providing fire protection services to the emergency respite centers.

(6) "State Building Code Act" means chapter 19.27 RCW, effective January 1, 1975, which establishes statewide building and fire prevention codes and mandates enforcement by each city, town and county.

(7) "Evacuation capability"

- Level II means semiambulatory persons that are physically and mentally capable of traversing a normal path to safety with the use of mobility aids, but unable to ascend or descend stairs without the physical assistance of another person.

- Level III means persons physically or mentally unable to walk or traverse a normal path to safety without the physical assistance of another person.

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NEW SECTION
WAC 212-12-220   Applicability.   This regulation applies to all LC facilities licensed or subject to licensure as emergency respite centers by the department of social and health services.

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NEW SECTION
WAC 212-12-230   Compliance.   All LC facilities designated and licensed as emergency respite centers shall comply with the provisions of this regulation.

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NEW SECTION
WAC 212-12-240   Inspection.   The licensing agency, upon receipt of an application for a license or at least thirty days before the expiration date of an existing license, shall submit to the director of fire protection in writing, a request for an inspection. The director of fire protection or authorized representative shall make an inspection of the facility, and if it is found that the facility does not comply with the standards contained in this regulation, a written report shall be made to the facility listing the violations found, corrective actions necessary and time allowed for correction. As soon as practicable after the expiration date of the time allowed to effect the corrective measures, a reinspection shall be made to determine compliance.

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NEW SECTION
WAC 212-12-250   Approval.   Upon the completion of the inspection, if the facility is in reasonable compliance with the applicable standards, a notice of approval for licensing shall be forwarded to the licensing agency.

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NEW SECTION
WAC 212-12-260   Right of appeal.   Any person may appeal any decision made by the fire protection bureau under this chapter through the following procedure:

(1) The first level of appeal is to the assistant state fire marshal. The appeal must be submitted in writing to the assistant state fire marshal within thirty days of receipt of the decision in question. The assistant state fire marshal shall reply to the appellant within ten days of receipt of such appeal.

(2) The second level of appeal is to the director of fire protection. If the appellant wishes to appeal the decision of the assistant state fire marshal, he/she shall, within ten days of the receipt of that decision, submit a written appeal to the director of fire protection. The director of fire protection shall reply to the appellant within ten days of receipt of such appeal.

(3) Should this process not satisfy the appellant, he or she may further appeal under chapter 34.05 RCW.

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NEW SECTION
WAC 212-12-270   Local codes.   Approvals are issued or denied on the basis of the applicant's compliance with the director of fire protection's minimum fire and life safety standards. The enforcement of local fire and building codes is the responsibility of the respective fire and building officials.

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NEW SECTION
WAC 212-12-280   Standards.   The following standards shall be applicable to all emergency respite centers licensed as a Group LC Occupancy after the effective date of this regulation.

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NEW SECTION
WAC 212-12-290   Construction requirements.   (1) Emergency respite centers located within a Group LC Occupancy shall comply with the construction requirements for Group LC Occupancies as stated in current Washington state amendment to the 1997 Uniform Building Code.

(2) All rooms used for sleeping and all corridors shall be provided with smoke detectors. Detectors shall be installed in accordance with the approved manufacturer's instructions.

(3) An emergency power system capable of providing pathway lighting for a period of one and one-half hours of time.

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NEW SECTION
WAC 212-12-300   Modernization or renovation.   No construction in either modernization or renovation projects shall diminish the fire safety features of the facility below the level of new construction, as required elsewhere in this regulation. Alterations or installations of new building services equipment shall be accomplished as near as possible in conformance with the requirements for new construction and shall be approved by the building official, fire official and the director of fire protection.

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NEW SECTION
WAC 212-12-310   Additions.   Any addition shall be separated from any existing nonconforming structure as required in the current edition of the Washington State Building Code.

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NEW SECTION
WAC 212-12-320   Design, operation.   All emergency respite centers shall be so designed, constructed, maintained and operated as to minimize the possibility of a fire emergency endangering the residents or patients. The protection of residents or patients from fire shall be provided by appropriate arrangement of facilities, adequate staffing and careful development of operating and maintenance procedures composed of the following:

(1) Proper design, construction and separation;

(2) Provision for detection, alarm and evacuation; and

(3) Fire prevention and the planning, training and drilling in programs for the notification of fire and the safe evacuation of residents or patients from the building or affected fire area.

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NEW SECTION
WAC 212-12-330   Staffing requirements.   All emergency respite centers shall provide staffing as established by the department of social and health services (DSHS).

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NEW SECTION
WAC 212-12-340   Fire extinguishers.   At least one minimum 2A-10BC rated fire extinguisher shall be provided on each floor level. Additional fire extinguishers may also be required due to area, travel distance or special hazards.

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NEW SECTION
WAC 212-12-350   Lighting.   (1) Illumination of the means of egress shall be continuous during the time that conditions of occupancy require that the means of egress be available for use.

(2) Automatic emergency lighting shall be provided and so arranged as to provide the required illumination automatically in the event of any interruption of normal lighting, such as the failure of public utility or other outside electrical power supply, opening of a circuit breaker or fuse, or any manual act(s) including accidental opening of a switch controlling normal lighting facilities.

(3) Electric battery-operated emergency lights shall use only reliable types of storage batteries, provided with suitable facilities for maintenance in properly charged condition. Electric storage batteries used in such lights or units shall be approved for their intended use and shall comply with the National Electrical Code, NFPA 70.

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NEW SECTION
WAC 212-12-360   Protection from hazards.   Any area used for general storage, and boiler or furnace rooms shall be separated from other parts of the building by construction having a fire-resistance rating conforming to the general construction requirements of the building type.

Central heating plants and other fuel-burning appliances shall be properly maintained and cleaned at frequent intervals. The surrounding area shall be kept free of rubbish and combustible storage.

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NEW SECTION
WAC 212-12-370   Sprinkler systems.   An automatic sprinkler system shall be installed throughout every Group LC Occupancy three or more stories in height or licensed for more than sixteen clients. Group LC Occupancies with sixteen or fewer clients, licensed to provide care for more than two clients who have an evacuation capability of II or III, shall be provided with an automatic sprinkler system throughout the facility.

EXCEPTION: An automatic sprinkler system need not be installed in any Group LC Occupancy licensed for six or fewer clients regardless of the level of evacuation capability.
Where a sprinkler system is required, a system complying with Uniform Building Code (UBC) Standard 9-1 shall be installed.

EXCEPTIONS: 1. An automatic sprinkler system complying with UBC Standard 9-3 may be installed in buildings of four stories or less.
2. Where a Group LC Occupancy is being established by change of occupancy in an existing building not protected by a sprinkler system as is required above for buildings of new construction, an automatic sprinkler system complying with National Fire Protection Association (NFPA) Standard 13d may be installed provided the care facility is licensed for not more than sixteen clients.
Residential or quick-response heads shall be used in all sprinkler systems.

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NEW SECTION
WAC 212-12-380   Fire alarm.   Every emergency respite center licensed for sixteen or more residents shall have an approved automatic and manual fire alarm system. Operation of any fire alarm activating device shall automatically, without delay, activate off-site monitoring and accomplish general alarm indication and sound an audible alarm throughout the building or affected portion thereof.

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NEW SECTION
WAC 212-12-390   Smoke detection.   Smoke detectors that received their primary power from the building wiring shall be installed in all sleeping rooms, corridors and in areas separating use areas from sleeping areas. Activation of a smoke detector shall activate the building's fire alarm system and off-site monitoring.

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NEW SECTION
WAC 212-12-400   Fire and evacuation plan.   The administration of every emergency respite center shall have in effect and available to all personnel written copies of a plan for the protection of all persons in the event of fire and for their evacuation to areas of refuge and from the building when necessary. A copy of the evacuation plan shall be posted by each exit. All employees shall be instructed and kept informed respecting their duties under the plan.

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NEW SECTION
WAC 212-12-410   Equipment maintenance.   Every required automatic sprinkler system, fire detection and alarm system, exit lighting, fire door and other item of equipment required by this regulation and/or the applicable building and/or fire code shall be continuously maintained in proper operating condition. Equipment shall be tested or operated in accordance with manufacturer's recommendation and/or at sufficient intervals to assure reliability. Records of all tests and inspections shall be maintained for review. Tests and inspections shall be under the supervision of a responsible person.

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NEW SECTION
WAC 212-12-420   Severability.   If any provision of this regulation or its application to any person is held invalid, the remainder of the regulation or the application of the provision to other persons or circumstances is not affected.

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Washington State Code Reviser's Office