Tenn. Comp. R. & Regs. 0465-02-04-.11

Current through December 18, 2024
Section 0465-02-04-.11 - RESIDENTIAL OCCUPANCIES - ONE- AND TWO-FAMILY DWELLINGS (ONE TO THREE PERSONS SUPPORTED)
(1) Definition - One- and two-family dwellings include buildings containing not more than two (2) dwelling units in which each dwelling unit is occupied by members of a single family with not more than three (3) unrelated persons supported who are unable to respond to an approved emergency signal, including voice prompt, and evacuate the dwelling without physical assistance, in three (3) minutes or less. A dwelling required to meet one- and two-family dwelling occupancy with persons supported unable to evacuate without physical assistance, in three (3) minutes or less, includes an Intellectual Disability and Developmental Disability Residential Habilitation Facility.
(2) Physical Assistance - Includes, but is not limited to, staff leading the person supported by the hand, and guiding and helping him/her transfer to a wheelchair.
(3) Criteria - For the purpose of Life Safety, dwellings accommodating persons supported unable to evacuate without physical assistance, in three (3) minutes or less and are required to meet one- and two-family dwelling occupancies must comply with the following:
(a) The applicable standards of the Life Safety Code of the National Fire Protection Association, or equivalent standards hereafter adopted by the Office of the State Fire Marshal; and
1. All staff should be able to assist each person supported in evacuation from the dwelling. This may be accomplished, for example, by assigning responsibility for a particular person supported to a particular staff member, especially where he/she needs complete physical assistance to evacuate. Persons supported who use a wheelchair for evacuation purposes need not be assigned a specific staff person to assist them as long as they are able to transfer from a fixed position to a wheelchair without physical assistance, and evacuate the dwelling in three (3) minutes or less.
2. Evacuation procedures shall be sufficient so that it is not necessary for a staff person to re-enter the building after once leaving.
3. A risk assessment must be completed for each person supported admitted within five (5) calendar days of admission on a form prepared by the Department.
4. If the risk assessment indicates that the person supported is able to evacuate without physical assistance within three (3) minutes or less, then it is not necessary to assign a specific staff person to assist him/her in evacuating.
5. If the risk assessment indicates that the person supported is not able to evacuate without physical assistance within three (3) minutes or less, then a specific staff person must be assigned to assist him/her in evacuating. Such staff assignment is required at all times when the person is inside the dwelling.
6. The risk assessment must be repeated when the circumstances of the person supported change.
7. Staff assigned to persons supported needing assistance must be trained in evacuation procedures specific to the service recipient(s) being assisted.
8. Persons supported who are ambulatory who cannot evacuate independently within three (3) minutes must receive education and information needed to improve their ability to evacuate the dwelling more independently. When documented attempts at education fail the licensee need not continue training efforts.
9. Provide at least two hundred (200) square feet, gross, of occupiable space per service recipient.
10. Provide at least:
(i) Eighty (80) square feet per person of bedroom space for single occupancy; or
(ii) Sixty (60) square feet per person of bedroom space for multiple occupancy.
11. Maintain proper storage and safeguards for all flammable materials.
12. Not use unvented gas heaters or portable electric heaters.
13. Use extension cords only on a limited basis and under the conditions acceptable to the Office of Licensure.
14. Provide a smoke detector in each bedroom occupied by a person supported, in the living rooms, and in other such rooms or areas as the Office of Licensure may require. Smoke detectors must be hardwired into the electrical system.
15. Provide operable, type 2A-10B, C, multipurpose fire extinguishers in a fixed location and readily accessible for use, and document that all fire extinguishers are properly maintained and serviced.
16. Identify areas where smoking is permitted; smoking in bedrooms must not be allowed.
17. Persons supported who use mobility aids shall not sleep above or below ground floor.
18. Document fire-safety drills which must be conducted:
(i) Monthly at unexpected times and under varying conditions, ensuring each shift holds one (1) per quarter; and
(ii) Under direct staff supervision.

Tenn. Comp. R. & Regs. 0465-02-04-.11

New rules filed July 6, 2016; effective 10/4/2016.

Authority: T.C.A. §§ 4-4-103, 4-5-202, 33-1-201, 33-1-302, 33-1-303, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, 33-2-407.