WSR 02-20-004

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Aging and Adult Services Administration)

[ Filed September 18, 2002, 3:27 p.m. ]

Date of Adoption: September 11, 2002.

Purpose: The department is adopting new WAC 388-76-76505, 388-76-76510, 388-76-76515 and 388-76-76520; and repealing outdated WAC 388-76-765. This adoption incorporates changes in the Washington State Building Code, WAC 51-40-0310.14 and updates emergency evacuation and safety requirements to ensure resident health and safety.

Citation of Existing Rules Affected by this Order: Repealing WAC 388-76-765.

Statutory Authority for Adoption: RCW 70.128.040, 70.128.130, and 70.128.140.

Adopted under notice filed as WSR 02-15-135 on July 22, 2002.

Changes Other than Editing from Proposed to Adopted Version: At WAC 388-76-76515(9), deleted the entire proposed text and replaced with, "The location of the adult family home must be accessible at all times for emergency vehicles." All other requirements of this subsection were dropped as the proposed language duplicated existing requirements in chapter 388-76 WAC.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 0, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 1.
Effective Date of Rule: Thirty-one days after filing.

September 11, 2002.

Brian Lindgren, Manager

Rules and Policies Assistance Unit

3133.5EMERGENCY EVACUATION AND SAFETY REQUIREMENTS
NEW SECTION
WAC 388-76-76505   What physical structure requirements must the provider ensure that the home meets?   (1) Each adult family home must meet applicable local licensing, zoning, building, and housing codes, and state and local fire safety regulations as they pertain to a single-family dwelling.

(2) It is the responsibility of the provider to check with local authorities to ensure all local codes are met.

(3) Effective July 1, 2001, the following must meet requirements in WAC 51-40-0310.14 Requirements for group R occupancies, adult family homes as established by the Washington state building code council:

(a) Any single-family dwelling that has been newly constructed meeting all current applicable building codes, that has never been occupied, and that has a pending adult family home license application with the department;

(b) Any single-family dwelling being converted for use as an adult family home.

(4) WAC 51-40-0310 does not apply to adult family homes licensed before July 1, 2001, that are being sold or transferred for the purpose continuing the operation of a licensed adult family home under new ownership.

(5) Windows in every room used by residents must be free of obstructions.

(6) When resident bedroom windows are fitted with storm windows, the provider must equip the storm windows with release mechanisms that are easily opened from the inside without the use of a key or special knowledge or effort.

(7) The provider must ensure that every occupied area used by residents receiving care and services has access to one or more exit and must not pass through a room, garage, or other space subject to being locked or blocked from the opposite side.

(8) Every occupied area used by residents must not be accessible only by ladder, folding stairs, or trap door.

(9) The provider must ensure that every bathroom door lock opens from the outside in an emergency.

(10) The provider must ensure that every closet door opens from the inside and outside.

(11) The provider must ensure that exit doors leading to the outside will open from the inside without the use of a key or any special knowledge or effort.

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NEW SECTION
WAC 388-76-76510   What are the resident emergency evacuation requirements that providers must address?   (1) Before a resident is admitted, the provider must disclose in writing and in a language understood by the prospective resident and/or their representative the following information:

(a) Whether or not the resident bedrooms in the home comply with current building code including evacuation standards;

(b) The source of and plan for on-site fire protection if the home is located outside a public fire district;

(c) All residents must participate in at least one household emergency evacuation drill per year involving a full evacuation from the home to a safe location.

(2) The resident's preliminary service plan (WAC 388-76-61030) and negotiated care plan (WAC 388-76-61500) must identify the resident's level of evacuation capability as defined by the following:

(a) Level 1: The resident is physically and mentally capable of self-preservation and walking or traversing a normal path to safety, including the ascent and descent of stairs, without the physical assistance of another person.

(b) Level 2: The resident is 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.

(c) Level 3: The resident physically or mentally is unable to walk or traverse a normal path to safety without the physical assistance of another person.

(3) The provider must ensure that residents who have an evacuation capability of Level 2 or Level 3 have their bedroom located on a grade level floor of the home. This grade level floor must have no less than two means of egress that do not require the use of stairs, elevator, or platform lift to exit.

(4) The provider must not admit or retain any residents who cannot be safely evacuated according to the provider's evacuation plan required under WAC 388-76-76520.

(5) For residents who are hearing and/or visually impaired, the provider must ensure that alternative emergency evacuation protections appropriate for hearing and/or visually impaired are installed as needed.

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NEW SECTION
WAC 388-76-76515   What fire safety and emergency requirements must the provider have in the home?   (1) The provider must provide and have readily available an approved 2-A:10-B:C rated (five pound) fire extinguisher in proper operating condition on each floor of living space of the adult family home. Where local fire authorities require installation of a different type or size of fire extinguisher, the requirement of the local authority shall prevail.

(2) The provider must ensure that each required fire extinguisher is inspected and serviced annually by a qualified inspector.

(3) If the home is not located in a public fire district, the provider must have written verification of adequate fire protection from the county fire authority.

(4) Every adult family home must have an approved automatic smoke detector in the following locations of the home:

(a) Every bedroom used by a resident;

(b) In proximity to the area where any resident or caregiver sleeps; and

(c) On every level of a home that is multi-level.

(5) Smoke detectors must be installed in such a manner so that the fire warning may be audible in all parts of the home upon activation of a single detector.

(6) The provider must ensure that all smoke detectors are maintained and in working condition at all times.

(7) The provider must not locate a stove or heater where the stove or heater blocks a resident's escape.

(8) Portable oil, gas, kerosene, and electric space heaters must not be used in the home except in the case of a power outage and the portable space heater is the home's only safe source of heat.

(9) The location of the adult family home must be accessible at all times for emergency vehicles.

(10) The provider must report to the department any fire and/or emergency evacuation in the adult family home in accordance with WAC 388-76-675 (4)(a).

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NEW SECTION
WAC 388-76-76520   What is required of the provider for emergency evacuation drills?   (1) The provider must develop a plan for emergency evacuation that reasonably ensures safe evacuation of all residents. The provider will determine the length of time necessary to safely evacuate all residents; however, the length of time shall not exceed five minutes. This emergency plan shall be written and posted and be operational at all times.

(2) All staff, caregivers and residents must be instructed in emergency evacuation procedures at the time of hire or admission.

(3) The provider must ensure that all residents participate in at least one household emergency evacuation drill every calendar year involving full evacuation from the home to a safe location.

(4) The provider must ensure that emergency evacuation drills are conducted at least every two months.

(5) The provider must document emergency evacuation drills recording the following information:

(a) Names of residents and staff involved including the person conducting the drill;

(b) Date and time of the drill; and

(c) The length of time required for evacuating all residents.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 388-76-765 Fire safety.

Washington State Code Reviser's Office