§7855. Fire safety inspection for residential care facilities








1. Inspection required. 
A license may not be issued by the department to a residential care facility until
the department has received from the Commissioner of Public Safety a written statement
signed by one of the officials designated under Title 25, section 2360, 2391 or 2392
to make fire safety inspections. This statement must indicate that the residential
care facility has complied with applicable fire safety provisions referred to in Title
25, section 2452.


[
2001, c. 596, Pt. A, §1 (NEW);
2001, c. 596, Pt. B, §25 (AFF)
.]








2. Fees. 
The department shall establish and pay reasonable fees to the Commissioner of Public
Safety or a municipal official for each inspection under subsection 1.


[
2001, c. 596, Pt. A, §1 (NEW);
2001, c. 596, Pt. B, §25 (AFF)
.]








3. Local regulations. 
A local regulation that affects the life-safety requirements of a residential care
facility and that is more stringent than those referred to in this section takes precedence.


[
2001, c. 596, Pt. A, §1 (NEW);
2001, c. 596, Pt. B, §25 (AFF)
.]








4. Requirements for residential care facilities. 
Residential care facilities must comply with the chapters of the National Fire Protection
Association Life Safety Code relating to new and existing residential board and care
occupancies adopted by the Commissioner of Public Safety. Residential care facilities
must comply as follows.





A. A residential care facility that has one to 3 beds must comply with the one-family
and 2-family dwelling chapter of the Life Safety Code. [2001, c. 596, Pt. A, §1 (NEW); 2001, c. 596, Pt. B, §25 (AFF).]











A-1. A residential care facility with 4 to 6 beds whose residents have prompt evacuation
capability, as defined in the Life Safety Code, must comply with the one-family and
2-family dwellings chapter of the Life Safety Code if that residential care facility
was licensed under that chapter prior to October 1, 2002. [2003, c. 398, §1 (NEW).]










A-2.
[2003, c. 510, Pt. G, §1 (NEW); 2003, c. 510, Pt. G, §3 (AFF); 2003, c. 599, §16 (AFF); MRSA T. 22, §7855, ¶ A-2 (RP).]













B. Except as provided in paragraph A-1, a residential care facility with 4 to 16 beds
must comply with the sections of the Life Safety Code that apply to small facilities
and with the chapter relating to new residential board and care occupancy if that
facility is a facility that was constructed on or after July 25, 2002 or with the
existing residential board and care occupancy chapter if that facility was licensed
before July 25, 2002. [RR 2003, c. 2, §80 (COR).]










C. A residential care facility with more than 16 beds must comply with the sections
of the Life Safety Code that apply to large facilities and with the chapter relating
to new residential board and care occupancy if that facility is a facility constructed
on or after July 25, 2002 or with the chapter relating to existing residential board
and care occupancy if that facility was licensed before July 25, 2002. [2003, c. 398, §1 (AMD).]










D. Notwithstanding any other provision of law or rule a residential care facility with
4 or fewer beds is not required to obtain certification from a design specialist to
satisfy the requirements of this section or Title 5, section 4594-F. [2003, c. 398, §1 (NEW).]







[
RR 2003, c. 2, §80 (COR)
.]








5. Fire safety inspection and certificate of compliance required for licensure. 
A fire safety inspection must be performed and a certificate of compliance must
be provided to the department before a license to a residential care facility is issued.
Inspections must be scheduled to coincide with the term of the license.


[
2001, c. 596, Pt. A, §1 (NEW);
2001, c. 596, Pt. B, §25 (AFF)
.]








6. Timed drills. 
Timed drills, as described in the applicable chapters of the National Fire Protection
Association Life Safety Code, must be used to determine a residential care facility's
capability to evacuate its residents, unless the facility has elected to complete
evacuation scores in lieu of timed drills in accordance with the standards described
in the National Fire Protection Association Life Safety Code 101A or when timed drills
are not required pursuant to the Life Safety Code. When a new resident has participated
in a timed drill in another residential care facility within the previous 2 months,
the results of that drill may be used to determine evacuation capability in the resident's
new facility for a period of up to 4 months. A person who violates or fails to comply
with this subsection commits a civil violation for which a forfeiture of not more
than $25 per bed for each occurrence of failure to comply may be adjudged.


[
2001, c. 596, Pt. A, §1 (NEW);
2001, c. 596, Pt. B, §25 (AFF)
.]








7. Requirement for manual fire alarm activation may be waived. 
For a residential care facility with 4 to 8 beds, the requirement for manual fire
alarm activation may be waived at the discretion of the Commissioner of Public Safety.


[
2001, c. 596, Pt. A, §1 (NEW);
2001, c. 596, Pt. B, §25 (AFF)
.]





SECTION HISTORY

2001, c. 596, §A1 (NEW).
2001, c. 596, §B25 (AFF).
RR 2003, c. 2, §80 (COR).
2003, c. 398, §1 (AMD).
2003, c. 510, §§G1,2 (AMD).
2003, c. 510, §G3 (AFF).
2003, c. 599, §16 (AFF).
MRSA T.22 ., §7855/4/A2 (AMD).