WSR 03-06-063

PERMANENT RULES

WASHINGTON STATE PATROL


[ Filed March 3, 2003, 10:38 a.m. ]

     Date of Adoption: February 28, 2003.

     Purpose: To establish fire and life safety standards for a newly established category of licensed care facility as required per RCW 74.15.050.

     Citation of Existing Rules Affected by this Order: Amending chapter 212-12 WAC.

     Statutory Authority for Adoption: RCW 74.15.050.

      Adopted under notice filed as WSR 02-17-102 on August 21, 2002.

     Changes Other than Editing from Proposed to Adopted Version: A new section in the CR-102 submission on "fire and evacuation plan" was deleted as it had already been referenced in another section.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 22, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 22, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

March 3, 2003

Ronal W. Serpas

Chief

Chapter 212-12 WAC

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 (DSHS) and maintained and operated to provide Emergency Respite Care within buildings that have been given an occupancy classification of LC.

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     Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
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) "LC Occupancy" means a building, structure, or portion thereof, used for the business of providing licensed care to clients pursuant to State Building Code WAC 51-40-313.

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

     (4) "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 Building Code, adopted by the State Building Code Act.

     (5) "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 Fire Code, adopted by the State Building Code Act.

     (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"

     Evacuation capability is the ability of clients of a Emergency Respite Center to respond to an emergency situation and either evacuate a building or move to a point of safety. Clients shall be classified in one of the following levels:

     - Level I persons physically and mentally capable of walking or traversing a normal path to safety, including the ascent and descent of stairs, and capable of self-preservation, without the physical assistance of another person.

     - Level II means semi-ambulatory 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 care centers by the department of social and health services.

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NEW SECTION
WAC 212-12-230   Compliance.   All LC facilities licensed as emergency respite care 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 state fire marshal in writing, a request for an inspection. The state fire marshal or his 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 affecting the corrective measures, a re-inspection 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 compliance with the applicable standards, a notice of approval for licensing shall be forwarded to the licensing agency by the Fire Protection Bureau.

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NEW SECTION
WAC 212-12-260   Right of appeal.   A facility aggrieved by the corrective orders of the state fire marshal or his/her authorized representative may appeal to the state fire marshal as provided for in WAC 212-12-025.

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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 state fire marshal'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 care centers licensed as an LC Occupancy after the effective date of this regulation.

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NEW SECTION
WAC 212-12-290   Construction requirements.   (1) Emergency respite care centers located within an LC Occupancy shall comply with the construction requirements for 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 shall be provided that is capable of providing pathway lighting for a period of one and one-half hours (1 1/2) 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 both the building official and the fire marshal's office.

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NEW SECTION
WAC 212-12-310   Additions.   Any addition to be used as an emergency respite center shall be separated from the existing structure by an occupancy separation constructed 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. The protection of residents or patients from fire shall be provided by the following:

     (1) Approved design, construction and separation of the facility;

     (2) A required detection, and alarm system;

     (3) Fire prevention measures required by Fire Marshal Standards 212-12;

     (4) 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 as required by WAC 212-12-040 and -044.

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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 be approved for their intended use, shall comply with the State Electrical Code, and shall be maintained in a fully charged condition.

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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 maintained and cleaned by an appliance service technician at intervals as required by the manufacturer's instructions or at least annually 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 16 clients. Group LC Occupancies with 16 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 16 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 more than 16 residents shall have an approved automatic and manual fire alarm system. Operation of any fire alarm initiating 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 buildings fire alarm system and off-site monitoring.

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NEW SECTION
WAC 212-12-400   Equipment, inspection, testing and 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 or at least annually to assure reliability. Records of all tests and inspections shall be maintained on the premises for review. Tests shall be conducted of the fire alarm system in accordance with the requirements of WAC 212-12-030. Fire Sprinkler testing and maintenance shall be in accordance with the requirements contained in WAC 212-80.

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NEW SECTION
WAC 212-12-410   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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