Community Living Arrangement (CLA) Jeff Yoder Gwinnett County fire & Emergency Services Community Risk Reduction Prevention and Enforcement

Community Living Arrangement (CLA)

Community Living Arrangement (CLA)

CLA Definition Chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards 120-3-3-.03 (6) Any residence being operated for profit or not subject to being licensed by the state to provide or arrange for the provision of daily personal services, support, care, or treatment for two or more adults not related to the owner or manager by blood or marriage, and

CLA Definition Chapter 120-3-3 Rules and Regulations for the State Minimum Fire Safety Standards 120-3-3-.03 (6) Whose residential services financially supported, in whole or in part, by funds designated through the Department of Human Services, Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

Why CLA Occupancy Classification? Why not just use Residential Board and Care Chapters? Political Issues… Main issue: they are usually different! Most Residents Incapable of Self-Preservation. Usually Three of Four Completely Incapable. Rely more on Protect in Place Evacuation Methods. Not in facilities designed to Protect in Place.

Rock Springs Fire Case Study Residential Board and Care Gwinnett County One Fatality Rock Springs Fire

Who Inspects CLA’s? Do we treat them like Residential Board and Care? Does your jurisdiction inspect at seven clients? Like the state (Title 25) for Personal Care Facilities? Does your jurisdiction inspect at four clients? Like the Life Safety Code for Residential Board and Care? Does your jurisdiction inspect all CLA’s? Two or more clients like 120-3-3? Opinion: Because the clients are often dependent on Staff Training, Drills, Construction, and Fire Protection Systems, to survive a fire, all CLA’s should be inspected by the AHJ, including very small facilities.

Who Inspects CLA’s? DCH requires fire inspections prior to licensing CLA’s. Who inspects them if not the AHJ? DCH keeps a list of fire inspectors who have provided their credentials. Clients are to contact an inspector from the list if the AHJ does not inspect the facility. Inspectors are Private Contractors with the CLA. Side Question: The same process is used for Res. B&C under 7, or under 4, depending on jurisdiction. If less than 4 clients, what code is used to perform the inspection?

CLA - Life Safety Code Application 1-4 CLA Residents - LSC Chapter 24 One and Two Family Dwellings/Community Living Arrangements (as modified by 120-3-3) New and Existing Facilities New Section 24.4 Community Living Arrangements Added by 120-3-3 Requirements in addition to Chapter 24 for CLA’s.

CLA - Life Safety Code Application New Facilities 5 or More Residents. LSC Chapter 32 (as modified by 120-3-3) 5-6 CLA Residents – Section 32.2 Small Facilities 7 or More Residents – Section 32.3 Large Facilities All Facilities – Sections 32.1, 32.4, & 32.7. All CLA’s (Small and Large) – New Section 32.5 Added by 120-3-3 Requirements in addition to Chapter 32 for CLA’s If Conflicts, Section 32.5 Prevails

Life Safety Code Application Existing Facilities 5 or More Residents. LSC Chapter 33 (as modified by 120-3-3) 5-6 CLA Residents – Section 33.2 Small Facilities 7 or More Residents – Section 33.3 Large Facilities All Facilities – Sections 33.1, 33.4, & 33.7. All CLA’s (Small and Large) – New Section 33.5 Added by 120-3-3 Requirements in addition to Chapter 33 for CLA’s If Conflicts, Section 33.5 Prevails

How Many Facilities? DCH Regulations Limit CLA’s to 6 Clients (Exceptions) Most CLA’s have 4 or less residents. (Chapter 24) 19 Licensed for 5 residents. 6 Licensed for 6 residents. 1 Licensed for 9 residents. As of October 20, 2014

Future Code Modifications? Many similarities in Sections 24.4, 32.5 and 33.5. Some discussion, and a possibility of, Placing all CLA Requirements in Chapter 24. To simplify! Possible 120-3-3 Change

NFPA 101, Chapter 24 (CLA) 120-3-3 Modifications Needed 120-3-3 Correction 120-3-3 Modifications New Title: One and Two Family Dwellings/ Community Living Arrangements Add New 24.1.1.1.1: Establishes life safety requirements for CLA’s for 1 through 4 individuals… Add New 24.1.1.5: New Subclass, CLA’s with 1-4* residents, shall meet the requirements for 1&2 Family Dwellings and, The additional requirements of (new) Section 24.4. * CLA’s licensed for more, but currently with only 1 resident.

NFPA 101, Chapter 24 24.2 Means of Escape Requirements 24.2.1 Chapter 7 Shall Not apply… Means of Escape: … Does not conform to the strict definition of Means of Egress but does provide an alternate way out.

Means of Escape 24.2.2.2 Door, Stairway, or Ramp Primary Means of Escape 24.2.2.2 Door, Stairway, or Ramp Providing a means of unobstructed travel To the outside, At street or finished ground level.

Means of Escape 24.2.3.1 Door, Stairway, Passage, or Hall, Secondary Means of Escape 24.2.3.1 Door, Stairway, Passage, or Hall, 24.2.2.3.2 Through an adjacent non-lockable space, Independent and remote of the Primary To street or ground level

Means of Escape 24.2.2.3.3 Outside Window or Door Secondary Means of Escape 24.2.2.3.3 Outside Window or Door Operable from the inside without tools, keys, or special effort. Meets dimensional and other criteria.

NFPA 101, Chapter 24 24.2.2.1.1 Sleeping Rooms and Living areas shall have at least one primary and one secondary Means of Escape. 120.3.3 Deletes 24.2.2.1.2(2) Allowed an exception to the Secondary Means of Egress in sprinklered buildings. Only remaining exception is a door leading directly to the outside at, or to ground level.

NFPA 101, Chapter 24 24.2.4.1.1 (new) Doors in Means of Escape in CLA’s must be 32” wide. 24.2.4.4 Closet door latches open from the inside… 24.2.4.5 Bathroom doors open from the outside… No door in any means of escape shall be locked against egress when the building is occupied.

NFPA 101, Chapter 24 24.3.5 Sprinklers – All New CLA’s are Required to be Sprinklered per SFMO. Not Modified by 120-3-3 24.3.5.1 All new one and two family dwellings shall be protected throughout by an approved automatic sprinkler system… 13R and 13D OK Discussion about a Mod. Specifying all CLA’s … Possible 120-3-3 Change

NFPA 101, Sections 24.4, 32.5, & 33.5 120-3-3 additions in each chapter, (24.4 and 32/33.5) specifically for CLA’s, are almost the same. Refer to the Comparison Chart for details. There are 26 CLA’s State Wide that fall into Chapters 32 & 33. (5 or more Clients) One “Large Facility” under 32/33.3. (more than 6) Most are 1-4 residents and covered in Chapter 24.

Sections 24.4, 32.5, & 33.5 Comparison General Requirements in 24.4 & 32/33.5 are in addition to the applicable requirements in each Chapter. This section will prevail if conflicts.

Address Identification Sections 24.4, 32.5, & 33.5 Comparison Address Identification

Sections 24.4, 32.5, & 33.5 Comparison Number of Means of Escape 1 Primary, 1 Secondary Requirements are the same as Chapter 24. Sections 24.2.2.1.1 & 24.2.2.1.2 Modified in Sec. 32.5.3.1, 32.5.3.1.1 & Sec. 33.5.3.9 & 33.5.3.9.1.

Exits for Mobility Impaired 2 Remote Accessible Exits Required Sections 24.4, 32.5, & 33.5 Comparison Exits for Mobility Impaired 2 Remote Accessible Exits Required

Sections 24.4, 32.5, & 33.5 Comparison Bedrooms – Separation Separated from halls, Corridors, and other rooms. ½ hour Fire-Resistance Rating. Sleeping Rooms 1 ¾ in. Solid-bonded Wood Core Doors. Vision Panels, Wired Glass.

Sections 24.4, 32.5, & 33.5 Comparison Bedrooms Below Ground Not more than ½ room height below ground level. Adequate natural light and ventilation. Two useful means of egress. (Escape?)

Bedroom doors capable of closing. Doors not less than 32 In. Wide Sections 24.4, 32.5, & 33.5 Comparison Bedroom doors capable of closing. Doors not less than 32 In. Wide

Sections 24.4, 32.5, & 33.5 Comparison Residents needing assistance with ambulation: Bedrooms with access to a ground level exit to the outside, or, Bedrooms above ground level with access to exits with ramps or lifts.

Sections 24.4, 32.5, & 33.5 Comparison Bedrooms may have locks on doors provided: Occupants and staff have keys. Double cylinder locks (keys on both sides) are prohibited. Exterior doors equipped with locks that do not require keys to open the door from the inside. Gwinnett Rock Springs Fire – May have made a difference.

Sections 24.4, 32.5, & 33.5 Comparison 24.4.4.1 A fire alarm Meeting the minimum requirements for Single and Multiple Station alarms and Household fire alarm systems per NFPA 72 shall be installed.

Sections 24.4, 32.5, & 33.5 Comparison Chapter 29 in NFPA 72 NFPA 72, 3.3.105.2 Household Fire Alarm System: System of Devices, Including a Fire Alarm Control Unit, To produce an alarm signal in the household, To notify residents to evacuate.

Sections 24.4, 32.5, & 33.5 Comparison Smoke alarms in accordance with NFPA 101, 9.6.2.10. All levels, including basements but excluding crawl spaces and unfinished attics. Additional smoke alarms for living areas. Strobe alarms as needed.

Sections 24.4, 32.5, & 33.5 Comparison CO Detectors: Natural Gas, LP Gas, heating oil, or solid Fuel burning fireplace.

Sections 24.4, 32.5, & 33.5 Comparison Portable Fire Extinguishers in accordance with 9.7.4.1 At least on 2A rated ABC extinguisher on each occupied floor. Inspected and Maintained Annually by licensed company. Monthly inspection by Staff.

Sections 24.4, 32.5, & 33.5 Comparison Portable space heaters not allowed. Fixed screens used with fireplaces, stoves, and fixed heaters.

Water Temperature Monitor or scald valve as needed. (120 Degrees) Sections 24.4, 32.5, & 33.5 Comparison . Water Temperature Monitor or scald valve as needed. (120 Degrees)

Sections 24.4, 32.5, & 33.5 Comparison 24.4.7.1 Staffing “The CLA shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the CLA.”

DCH Rules and Regulations 290-9-37-.14 Staffing “The CLA shall have as many qualified and trained employees on duty as shall be needed to safeguard properly the health, safety, and welfare of residents and ensure the provision of services the residents require to be delivered in the CLA.” “The Community Living arrangement must maintain a staffing ratio sufficient to ensure that all residents can be evacuated from the residence within three minutes.”

Sections 24.4, 32.5, & 33.5 Comparison 24.4.7.1.1 Staff Shall be Trained Show competence in Fire Safety and Evacuation Procedures. Residents shall not be considered Staff. Training shall comply with IFC Chapter 4 . (As Modified) New in 120-3-3!

IFC Chapter 4 (120-3-3 Modifications) 404.2 (9) Group R-3 care facilities where required by the AHJ. 406.2.1 Care Giver Training. 5 Hour Initial Fire Safety Training… For all Administrators, Directors, Operators, and Staff… … Community Living Arrangements … Curriculum and instructors approved by SFMO… Within 90 Days of Licensing… 5 Hour Initial Training, 2 Hour Refresher every 3 Years. Previously only applied to Day-Care Centers

Sections 24.4, & 33.5 Comparison Evacuation Capabilities 24.4.7.2 (1-4) and 33.5.7.2 All Facilities 1-4 Residents Existing Facilities, 5-6 Residents CLA shall maintain a staffing ratio to ensure that all residents can meet a prompt (3 minutes or less) evacuation capability,

Sections 24.4, & 33.5 Comparison Residents who cannot … shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident… The dedicated employee shall be in close attendance at all times.

Sections 32.5 Comparison 32.5.7.2 Evacuation Capabilities. New Facilities, 5 or More “Prompt” or “Three Minutes” Not Specified Discussions to change 120-3-3 to match others since DCA specifies three minutes for all CLA’s. CLA shall maintain a staffing ratio to ensure that all residents can, successfully respond to a fire or other emergency using self- preservation or assisted preservation measures. (Defined In 120-3-3-.03 (5)) Possible 120-3-3 Change

Sections 32.5 Comparison 32.5.7.2 Evacuation Capabilities (New Facilities) Residents who cannot … shall be provided with a minimum of one dedicated employee whose primary responsibility is to provide evacuation of the resident… The dedicated employee shall be in close attendance at all times.

Sections 24.4, 32.5, & 33.5 Comparison Fire Drills Conducted Quarterly on Each Shift Two per Year During Sleeping Hours Documented – Including Staff Involved. Per IFC Chapter 4 (As modified by 120-3-3)

Sections 24.4, 32.5, & 33.5 Comparison Procedures. Established (written) Procedures For: Alerting and Caring for Residents in Emergencies Evacuating Residents to Safety Evacuation Plan with Clear Instructions Each Sleeping Room Shall Have a Secondary Exit (should be) Means of Escape. May be a Door or Window. Per IFC Chapter 4 (As modified by 120-3-3) Possible 120-3-3 Correction

Emergency Procedures

Domestic Hood Suppression 32/33.2.3.2.6 Require Hood Suppression. Exceptions Sprinklers /AHJ Small Facilities with Prompt Evacuation. Modification to Chapters.

Sprinklers in CLA’s 1-4 Residents 24.3.5.1 (New) All new one and two family dwellings shall be protected throughout by an approved automatic sprinkler system in accordance with 24.3.5.2. (Effective after 1-30-14)

Sprinklers in CLA’s 1-4 Residents Existing CLA’s with 1-4 – requirements at the time of approval. Not required in NFPA 101 (2000 ed.) SFMO Considering modification to “All CLA’s” or “All CLA’s approved after 1-30-14”. Possible 120-3-3 Change

Sprinklers in New CLA’s 5-6 Residents 32.2.3.5.1 All facilities, other than those meeting the requirement of 32.2.3.5.2, shall be protected throughout by an approved automatic sprinkler system, installed in accordance with 32.2.3.5.3, using quick response or residential sprinklers. 32.2.3.5.2 In conversions, sprinklers shall not be required in small board and care homes serving six or fewer residents, when all occupants have the ability as a group to move readily to a point of safety within 3 minutes.

Sprinklers in New CLA’s 7 or More 32.3.3.5.1 All buildings shall be protected throughout by an approved automatic sprinkler system installed in accordance with 9.7.1.1(1) and provided with quick-response or residential sprinklers throughout . 9.7.1.1(1) Full NFPA 13 system.

Sprinklers in Existing CLA’s 5-6 Residents 33.2.3.5.3.7 (as modified by 120-3-3) All slow and impractical evacuation capability facilities shall be protected throughout by an approved, supervised, automatic sprinkler system installed in accordance with 33.2.3.5.3. 33.2.5.3.7.1 Attics used for Living, Storage, or Fuel Fired Equipment must be sprinklered. 33.2.5.3.7.2 Other Attics: Heat Detection, or Sprinklers, or Limited or Non-combustible Construction, or Fire-Retardant-Treated Wood.

Sprinklers in Existing CLA’s 7 or More Most existing large facilities require sprinklers from past SFMO rules and regulations. May depend on dates. NFPA 101 (2000) required new large facilities to be sprinklered. 33.3.3.5.2 requires existing “Impractical” Facilities to be sprinklered, however, an inadvertant SFMO Modification may remove the requirement from NFPA 101 (2012). Possible 120-3-3 Correction

Additional Sprinkler Requirements Numerous related requirements and exceptions. Numerous requirements for ITM of systems in Small Facilities that are normally found in NFPA 25. Hybrid coverage of attics, bathrooms, and closets. Do very thoughtful plan review for sprinkler requirements.

Domestic Hood Suppression 32/33.2.3.2.6 Require Hood Suppression. Exceptions Sprinklers /AHJ Small Facilities with Prompt Evacuation.

Summary New Occupancy Classification Code with modifications can be very confusing. May need to bolster sprinkler requirements with local ordinance. (but…) The residents of CLA’s can be one of our most vulnerable populations. Additional safeguards have been put in place by the SFMO and DCH. CLA’s need the local AHJ to conduct legitimate inspections.

Thanks To! United Cerebral Palsy Diane Wilush Executive Director United Cerebral Palsy of Georgia United Cerebral Palsy of South Carolina

Thanks – Questions?