Section 0940-05-04-.06 - RESIDENTIAL OCCUPANCIES - BOARD AND CARE(1) Definition. Board and Care facilities include a building or part thereof that is used for the lodging and boarding of four (4) or more residents, not related by blood or marriage to the owner or operator, to provide care services. Examples of facilities required to meet board and care occupancy standards are the following:(a) Mental Retardation Boarding Home Facility(b) Mental Retardation Group Home Facility(c) Mental Health Residential Treatment Facility(d) Mental Health Supportive Living Facility(e) Mental Health Halfway House(f) Alcohol and Drug Abuse Residential Facility(2) Criteria. For the purpose of life safety facilities required to meet Board and Care occupancy must comply with the following: (a) Applicable standards of the Life Safety Code of the National Fire Protection Association, 1985 Edition, Residential Board and Care Occupancies, Chapter 21, or equivalent standards hereafter adopted by the Office of the State Fire Marshal, and 1. Provide at least two hundred (200) square feet, gross, of occupiable space per client,2. Provide at least: (i) Eighty (80) square feet per client bedroom space for single occupancy, or(ii) Sixty (60) square feet per client bedroom space for multiple occupancy,3. Not allow multiple occupancy which exceeds four (4) clients per bedroom, and4. Equip any stairways with emergency lighting,5. Provide emergency lighting in any corridors as means of egress,6. Not use unvented gas heaters,7. Use portable electric space heaters only in emergency situations with advance special permission and under conditions specified by the Office of Licensure,8. Allow the use of fireplaces only under the following conditions:(i) For recreation or therapy only,(ii) Not used as a primary source of heat,(iii) Used in activity or living rooms,(iv) Under proper supervision and in accordance with specific written fire safety procedures, and (v) Fireplaces may be installed and used only in areas other than client sleeping areas, provided the fireplace is equipped with a heat-tempered glass fireplace enclosure guaranteed against breakage up to a temperature of 650 degrees Fahrenheit.9. Allow the use of portable cooking devices in the kitchen only,10. Document fire-safety drills which shall be conducted:(i) Monthly at unexpected times and under varying conditions, and(ii) Under direct staff supervision;11. Provide a functioning UL rated battery-operated smoke detector in each bedroom occupied by the resident and document that all smoke-detection devices are tested monthly and that batteries are changed when no longer operating, but at least yearly;12. Provide operable 2A-10B, C multi-purpose fire extinguishers in a fixed location and readily accessible for use in the facility, and document that all fire extinguishers are properly maintained and serviced. The Office of Licensure will determine the number of fire extinguishers required in a particular facility."13. Document instructions to staff upon employment and clients upon enrollment in fire evacuation procedures;14. Adopt and post a policy on smoking in specified areas;15. Suspended unit electric heaters may be used, except in means of egress and client sleeping areas, provided such heaters are located high enough to be out of the reach of persons using the area and provided the heaters are equipped with appropriate safety devices and are approved for use by the Office of Licensure of the department.16. Use extension cords only on a limited basis and under the conditions acceptable to the Office of Licensure of the department."(c) Serve only persons who require no greater level of care than personal care (as defined at 0940-5-4-.08).Tenn. Comp. R. & Regs. 0940-05-04-.06
Original rule filed November 16, 1978; effective January 1, 1979. Amendment filed May 22, 1979; effective July 10, 1979. Repeal and new rule filed June 30, 1986; effective July 30, 1986. Amendment filed October 14, 1986; effective November 28, 1986.Authority: T.C.A. § 33-2-504.