PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-11-116.
Title of Rule: Chapter 212-12 WAC, State patrol (fire protection), fire marshal standards.
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.
Statutory Authority for Adoption: RCW 74.15.050.
Summary: 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.
Reasons Supporting Proposal: To be consistent with the Department of Social and Health Services and to adopt the current terminology and standards.
Name of Agency Personnel Responsible for Drafting and Implementation: Mr. Roger Woodside, P.O. Box 42601, Olympia, WA 98504-2601, (360) 705-5763; and Enforcement: Ms. Mary Corso, P.O. Box 42600, Olympia, WA 98504-2600, (360) 753-0404.
Name of Proponent: Washington State Patrol, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Approve of the amendment.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: 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.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact made from this amendment.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Commercial Vehicle Division Conference Room (G-21), General Administration Building, 210 11th Avenue S.W., Olympia, WA 98504, on September 26, 2002, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Mr. Mike Palios by September 24, 2002, TDD (253) 536-4270 or (360) 753-5966.
Submit Written Comments to: Mr. Roger Woodside, Washington State Patrol, Fire Protection Bureau, P.O. Box 42601, rwwdsi@wsp.wa.gov, fax (360) 753-0395, by September 24, 2002.
Date of Intended Adoption: October 1, 2002.
August 12, 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.
[]
(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.
[]
[]
[]
[]
[]
(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.
[]
[]
[]
(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.
[]
[]
[]
(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.
[]
[]
[]
(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.
[]
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.
[]
| 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. |
| 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. |
[]
[]
[]
[]
[]
[]