Sprinkler system requirements--fire alarm system requirements.
198.074. 1. Effective August 28, 2007, all new facilities licensedunder this chapter on or after August 28, 2007, or any section of afacility licensed under this chapter in which a major renovation has beencompleted on or after August 28, 2007, as defined and approved by thedepartment, shall install and maintain an approved sprinkler system inaccordance with National Fire Protection Association (NFPA) 13.
2. Facilities that were initially licensed and had an approvedsprinkler system prior to August 28, 2007, shall continue to meet all laws,rules, and regulations for testing, inspection and maintenance of thesprinkler system that were in effect for such facilities on August 27,2007.
3. Multi-level assisted living facilities that accept or retain anyindividual with a physical, cognitive, or other impairment that preventsthe individual from safely evacuating the facility with minimal assistanceshall install and maintain an approved sprinkler system in accordance withNFPA 13. Single-story assisted living facilities that accept or retain anyindividual with a physical, cognitive, or other impairment that preventsthe individual from safely evacuating the facility with minimal assistanceshall install and maintain an approved sprinkler system in accordance withNFPA 13R.
4. All residential care and assisted living facilities with more thantwenty residents not included in subsection 3 of this section, which areinitially licensed under this chapter prior to August 28, 2007, and that donot have installed an approved sprinkler system in accordance with NFPA 13Ror 13 prior to August 28, 2007, shall install and maintain an approvedsprinkler system in accordance with NFPA 13R or 13 by December 31, 2012,unless the facility meets the safety requirements of Chapter 33 of existingresidential board and care occupancies of NFPA 101 life safety code.
5. All skilled nursing and intermediate care facilities not requiredprior to August 28, 2007, to install and maintain an approved sprinklersystem shall install and maintain an approved sprinkler system inaccordance with NFPA 13 by December 31, 2012, unless the facility receivesan exemption from the department and presents evidence in writing from acertified sprinkler system representative or licensed engineer that thefacility is unable to install an approved National Fire ProtectionAssociation 13 system due to the unavailability of water supplyrequirements associated with this system.
6. Facilities that take a substantial step, as specified insubsections 4 and 5 of this section, to install an approved NFPA 13R or 13system prior to December 31, 2012, may apply to the state treasurer'soffice for a loan in accordance with section 198.075 to install suchsystem. However, such loan shall not be available if by December 31, 2009,the average total reimbursement for the care of persons eligible forMedicaid public assistance in an assisted living facility and residentialcare facility is equal to or exceeds fifty-two dollars per day. Theaverage total reimbursement includes room, board, and care delivered by thefacility, but shall not include payments to the facility for care orservices not provided by the facility. If a facility under this subsectiondoes not have an approved sprinkler system installed by December 31, 2012,such facility shall be required to install and maintain an approvedsprinkler system in accordance with NFPA 13 by December 31, 2013. Suchloans received under this subsection and in accordance with section198.075, shall be paid in full as follows:
(1) Ten years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is equal to forty-eight and no more thanforty-nine dollars per day;
(2) Eight years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is greater than forty-nine and no more thanfifty-two dollars per day; or
(3) Five years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is greater than fifty-two dollars per day.
(4) No payments or interest shall be due until the average totalreimbursement rate for the care of persons eligible for Medicaid publicassistance is equal to or greater than forty-eight dollars.
7. (1) All facilities licensed under this chapter shall be equippedwith a complete fire alarm system in compliance with NFPA 101, Life SafetyCode for Detection, Alarm, and Communication Systems, or shall maintain asystem that was approved by the department when such facility wasconstructed so long as such system is a complete fire alarm system. Acomplete fire alarm system shall include, but not be limited to,interconnected smoke detectors, automatic transmission to the firedepartment, dispatching agency, or central monitoring company, manual pullstations at each required exit and attendant's station, heat detectors, andaudible and visual alarm indicators. If a facility submits a plan ofcompliance for installation of a sprinkler system required by this chapter,such facility shall install a complete fire alarm system that complies withNFPA 72 upon installation of the sprinkler system. Until such time thatthe sprinkler system is installed in the facility which has submitted aplan of compliance, each resident room or any room designated for sleepingin the facility shall be equipped with at least one battery-powered smokealarm installed, tested, and maintained in accordance with NFPA 72. Inaddition, any such facility shall be equipped with heat detectorsinterconnected to the fire alarm system which are installed, tested, andmaintained in accordance with NFPA 72 in all areas subject to nuisancealarms, including but not limited to kitchens, laundries, bathrooms,mechanical air handling rooms, and attic spaces.
(2) In addition, each floor accessed by residents shall be dividedinto at least two smoke sections by one-hour rated smoke partitions. Nosmoke section shall exceed one hundred fifty feet in length. If neitherthe length nor the width of the floor exceeds seventy-five feet, nosmoke-stop partition shall be required. Facilities with a complete firealarm system and smoke sections meeting the requirements of this subsectionprior to August 28, 2007, shall continue to meet such requirements.Facilities initially licensed on or after August 28, 2007, shall complywith such requirements beginning August 28, 2007, or on the effective dateof licensure.
(3) Except as otherwise provided in this subsection, the requirementsfor complete fire alarm systems and smoke sections shall be enforceable onDecember 31, 2008.
8. The requirements of this section shall be construed to supersedethe provisions of section 198.058 relating to the exemption of facilitiesfrom construction standards.
9. Fire safety inspections of skilled nursing and intermediate carefacilities licensed under this chapter for compliance with this sectionshall be conducted annually by the department. All department inspectorswho inspect facilities for compliance under this section shall complete afire inspector course, as developed by the division of fire safety withinthe department of public safety, by December 31, 2012. Fire safetyinspections of residential care and assisted living facilities licensedunder this chapter for compliance with this section shall be conductedannually by the state fire marshal. The provisions of this section shallbe enforced by the department or the state fire marshal, depending on whichentity conducted the inspection.
10. By July 1, 2008, all facilities licensed under this chapter shallsubmit a plan for compliance with the provisions of this section to thestate fire marshal.
Sprinkler system requirements--fire alarm system requirements.
198.074. 1. Effective August 28, 2007, all new facilities licensedunder this chapter on or after August 28, 2007, or any section of afacility licensed under this chapter in which a major renovation has beencompleted on or after August 28, 2007, as defined and approved by thedepartment, shall install and maintain an approved sprinkler system inaccordance with National Fire Protection Association (NFPA) 13.
2. Facilities that were initially licensed and had an approvedsprinkler system prior to August 28, 2007, shall continue to meet all laws,rules, and regulations for testing, inspection and maintenance of thesprinkler system that were in effect for such facilities on August 27,2007.
3. Multi-level assisted living facilities that accept or retain anyindividual with a physical, cognitive, or other impairment that preventsthe individual from safely evacuating the facility with minimal assistanceshall install and maintain an approved sprinkler system in accordance withNFPA 13. Single-story assisted living facilities that accept or retain anyindividual with a physical, cognitive, or other impairment that preventsthe individual from safely evacuating the facility with minimal assistanceshall install and maintain an approved sprinkler system in accordance withNFPA 13R.
4. All residential care and assisted living facilities with more thantwenty residents not included in subsection 3 of this section, which areinitially licensed under this chapter prior to August 28, 2007, and that donot have installed an approved sprinkler system in accordance with NFPA 13Ror 13 prior to August 28, 2007, shall install and maintain an approvedsprinkler system in accordance with NFPA 13R or 13 by December 31, 2012,unless the facility meets the safety requirements of Chapter 33 of existingresidential board and care occupancies of NFPA 101 life safety code.
5. All skilled nursing and intermediate care facilities not requiredprior to August 28, 2007, to install and maintain an approved sprinklersystem shall install and maintain an approved sprinkler system inaccordance with NFPA 13 by December 31, 2012, unless the facility receivesan exemption from the department and presents evidence in writing from acertified sprinkler system representative or licensed engineer that thefacility is unable to install an approved National Fire ProtectionAssociation 13 system due to the unavailability of water supplyrequirements associated with this system.
6. Facilities that take a substantial step, as specified insubsections 4 and 5 of this section, to install an approved NFPA 13R or 13system prior to December 31, 2012, may apply to the state treasurer'soffice for a loan in accordance with section 198.075 to install suchsystem. However, such loan shall not be available if by December 31, 2009,the average total reimbursement for the care of persons eligible forMedicaid public assistance in an assisted living facility and residentialcare facility is equal to or exceeds fifty-two dollars per day. Theaverage total reimbursement includes room, board, and care delivered by thefacility, but shall not include payments to the facility for care orservices not provided by the facility. If a facility under this subsectiondoes not have an approved sprinkler system installed by December 31, 2012,such facility shall be required to install and maintain an approvedsprinkler system in accordance with NFPA 13 by December 31, 2013. Suchloans received under this subsection and in accordance with section198.075, shall be paid in full as follows:
(1) Ten years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is equal to forty-eight and no more thanforty-nine dollars per day;
(2) Eight years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is greater than forty-nine and no more thanfifty-two dollars per day; or
(3) Five years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is greater than fifty-two dollars per day.
(4) No payments or interest shall be due until the average totalreimbursement rate for the care of persons eligible for Medicaid publicassistance is equal to or greater than forty-eight dollars.
7. (1) All facilities licensed under this chapter shall be equippedwith a complete fire alarm system in compliance with NFPA 101, Life SafetyCode for Detection, Alarm, and Communication Systems, or shall maintain asystem that was approved by the department when such facility wasconstructed so long as such system is a complete fire alarm system. Acomplete fire alarm system shall include, but not be limited to,interconnected smoke detectors, automatic transmission to the firedepartment, dispatching agency, or central monitoring company, manual pullstations at each required exit and attendant's station, heat detectors, andaudible and visual alarm indicators. If a facility submits a plan ofcompliance for installation of a sprinkler system required by this chapter,such facility shall install a complete fire alarm system that complies withNFPA 72 upon installation of the sprinkler system. Until such time thatthe sprinkler system is installed in the facility which has submitted aplan of compliance, each resident room or any room designated for sleepingin the facility shall be equipped with at least one battery-powered smokealarm installed, tested, and maintained in accordance with NFPA 72. Inaddition, any such facility shall be equipped with heat detectorsinterconnected to the fire alarm system which are installed, tested, andmaintained in accordance with NFPA 72 in all areas subject to nuisancealarms, including but not limited to kitchens, laundries, bathrooms,mechanical air handling rooms, and attic spaces.
(2) In addition, each floor accessed by residents shall be dividedinto at least two smoke sections by one-hour rated smoke partitions. Nosmoke section shall exceed one hundred fifty feet in length. If neitherthe length nor the width of the floor exceeds seventy-five feet, nosmoke-stop partition shall be required. Facilities with a complete firealarm system and smoke sections meeting the requirements of this subsectionprior to August 28, 2007, shall continue to meet such requirements.Facilities initially licensed on or after August 28, 2007, shall complywith such requirements beginning August 28, 2007, or on the effective dateof licensure.
(3) Except as otherwise provided in this subsection, the requirementsfor complete fire alarm systems and smoke sections shall be enforceable onDecember 31, 2008.
8. The requirements of this section shall be construed to supersedethe provisions of section 198.058 relating to the exemption of facilitiesfrom construction standards.
9. Fire safety inspections of skilled nursing and intermediate carefacilities licensed under this chapter for compliance with this sectionshall be conducted annually by the department. All department inspectorswho inspect facilities for compliance under this section shall complete afire inspector course, as developed by the division of fire safety withinthe department of public safety, by December 31, 2012. Fire safetyinspections of residential care and assisted living facilities licensedunder this chapter for compliance with this section shall be conductedannually by the state fire marshal. The provisions of this section shallbe enforced by the department or the state fire marshal, depending on whichentity conducted the inspection.
10. By July 1, 2008, all facilities licensed under this chapter shallsubmit a plan for compliance with the provisions of this section to thestate fire marshal.
Sprinkler system requirements--fire alarm system requirements.
198.074. 1. Effective August 28, 2007, all new facilities licensedunder this chapter on or after August 28, 2007, or any section of afacility licensed under this chapter in which a major renovation has beencompleted on or after August 28, 2007, as defined and approved by thedepartment, shall install and maintain an approved sprinkler system inaccordance with National Fire Protection Association (NFPA) 13.
2. Facilities that were initially licensed and had an approvedsprinkler system prior to August 28, 2007, shall continue to meet all laws,rules, and regulations for testing, inspection and maintenance of thesprinkler system that were in effect for such facilities on August 27,2007.
3. Multi-level assisted living facilities that accept or retain anyindividual with a physical, cognitive, or other impairment that preventsthe individual from safely evacuating the facility with minimal assistanceshall install and maintain an approved sprinkler system in accordance withNFPA 13. Single-story assisted living facilities that accept or retain anyindividual with a physical, cognitive, or other impairment that preventsthe individual from safely evacuating the facility with minimal assistanceshall install and maintain an approved sprinkler system in accordance withNFPA 13R.
4. All residential care and assisted living facilities with more thantwenty residents not included in subsection 3 of this section, which areinitially licensed under this chapter prior to August 28, 2007, and that donot have installed an approved sprinkler system in accordance with NFPA 13Ror 13 prior to August 28, 2007, shall install and maintain an approvedsprinkler system in accordance with NFPA 13R or 13 by December 31, 2012,unless the facility meets the safety requirements of Chapter 33 of existingresidential board and care occupancies of NFPA 101 life safety code.
5. All skilled nursing and intermediate care facilities not requiredprior to August 28, 2007, to install and maintain an approved sprinklersystem shall install and maintain an approved sprinkler system inaccordance with NFPA 13 by December 31, 2012, unless the facility receivesan exemption from the department and presents evidence in writing from acertified sprinkler system representative or licensed engineer that thefacility is unable to install an approved National Fire ProtectionAssociation 13 system due to the unavailability of water supplyrequirements associated with this system.
6. Facilities that take a substantial step, as specified insubsections 4 and 5 of this section, to install an approved NFPA 13R or 13system prior to December 31, 2012, may apply to the state treasurer'soffice for a loan in accordance with section 198.075 to install suchsystem. However, such loan shall not be available if by December 31, 2009,the average total reimbursement for the care of persons eligible forMedicaid public assistance in an assisted living facility and residentialcare facility is equal to or exceeds fifty-two dollars per day. Theaverage total reimbursement includes room, board, and care delivered by thefacility, but shall not include payments to the facility for care orservices not provided by the facility. If a facility under this subsectiondoes not have an approved sprinkler system installed by December 31, 2012,such facility shall be required to install and maintain an approvedsprinkler system in accordance with NFPA 13 by December 31, 2013. Suchloans received under this subsection and in accordance with section198.075, shall be paid in full as follows:
(1) Ten years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is equal to forty-eight and no more thanforty-nine dollars per day;
(2) Eight years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is greater than forty-nine and no more thanfifty-two dollars per day; or
(3) Five years for those facilities approved for the loan and whoseaverage total reimbursement rate for the care of persons eligible forMedicaid public assistance is greater than fifty-two dollars per day.
(4) No payments or interest shall be due until the average totalreimbursement rate for the care of persons eligible for Medicaid publicassistance is equal to or greater than forty-eight dollars.
7. (1) All facilities licensed under this chapter shall be equippedwith a complete fire alarm system in compliance with NFPA 101, Life SafetyCode for Detection, Alarm, and Communication Systems, or shall maintain asystem that was approved by the department when such facility wasconstructed so long as such system is a complete fire alarm system. Acomplete fire alarm system shall include, but not be limited to,interconnected smoke detectors, automatic transmission to the firedepartment, dispatching agency, or central monitoring company, manual pullstations at each required exit and attendant's station, heat detectors, andaudible and visual alarm indicators. If a facility submits a plan ofcompliance for installation of a sprinkler system required by this chapter,such facility shall install a complete fire alarm system that complies withNFPA 72 upon installation of the sprinkler system. Until such time thatthe sprinkler system is installed in the facility which has submitted aplan of compliance, each resident room or any room designated for sleepingin the facility shall be equipped with at least one battery-powered smokealarm installed, tested, and maintained in accordance with NFPA 72. Inaddition, any such facility shall be equipped with heat detectorsinterconnected to the fire alarm system which are installed, tested, andmaintained in accordance with NFPA 72 in all areas subject to nuisancealarms, including but not limited to kitchens, laundries, bathrooms,mechanical air handling rooms, and attic spaces.
(2) In addition, each floor accessed by residents shall be dividedinto at least two smoke sections by one-hour rated smoke partitions. Nosmoke section shall exceed one hundred fifty feet in length. If neitherthe length nor the width of the floor exceeds seventy-five feet, nosmoke-stop partition shall be required. Facilities with a complete firealarm system and smoke sections meeting the requirements of this subsectionprior to August 28, 2007, shall continue to meet such requirements.Facilities initially licensed on or after August 28, 2007, shall complywith such requirements beginning August 28, 2007, or on the effective dateof licensure.
(3) Except as otherwise provided in this subsection, the requirementsfor complete fire alarm systems and smoke sections shall be enforceable onDecember 31, 2008.
8. The requirements of this section shall be construed to supersedethe provisions of section 198.058 relating to the exemption of facilitiesfrom construction standards.
9. Fire safety inspections of skilled nursing and intermediate carefacilities licensed under this chapter for compliance with this sectionshall be conducted annually by the department. All department inspectorswho inspect facilities for compliance under this section shall complete afire inspector course, as developed by the division of fire safety withinthe department of public safety, by December 31, 2012. Fire safetyinspections of residential care and assisted living facilities licensedunder this chapter for compliance with this section shall be conductedannually by the state fire marshal. The provisions of this section shallbe enforced by the department or the state fire marshal, depending on whichentity conducted the inspection.
10. By July 1, 2008, all facilities licensed under this chapter shallsubmit a plan for compliance with the provisions of this section to thestate fire marshal.
